Advisory Opinion No. 98-31

Re: Joseph W. Accetta

QUESTION PRESENTED

The Petitioner, the Chairperson of the Rhode Island Real Estate Commission (Real Estate Commission), a state appointed position, requests an advisory opinion as to whether he may teach a three-hour continuing education seminar for Real Estate Agents on the duties of unlicensed personal assistants that must be approved and certified by the Real Estate Commission.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics prohibits the Petitioner, the Chairperson of the Rhode Island Real Estate Commission, a state appointed position, from teaching a three-hour continuing education seminar for Real Estate Agents approved by the Real Estate Commission.

Under the Code of Ethics, the Petitioner may not participate in any matter in which he has an interest, financial or otherwise, in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Under R.I. Gen. Laws § 36-14-5(b), the Petitioner may not accept outside employment that will impair his independence of judgment. Also, pursuant to R.I. Gen. Laws § 36-14-5(d), the Petitioner is prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself. Finally, under the provisions of R.I. Gen. Laws § 36-14-5(e)(1), the Petitioner may not "represent [himself] before any state or municipal agency of which he . . . is a member."

The Petitioner asks whether he may teach a continuing education course for the Rhode Island Association of Realtors (RIAR) on the duties of unlicensed personal assistants. In this State, all licensed Real Estate Agents are required to fulfill twelve hours of continuing education credits in classes approved by the Real Estate Commission. In its application to obtain approval from the Real Estate Commission, RIAR plans to list the Petitioner as the instructor of the course.

Previously, we advised a member of the Board of Examiners of Electricians that he should not teach continuing education classes mandated for electricians and journeymen since his Board was responsible for establishing and maintaining the continuing education program. See A.O. 96-47. In another opinion, we advised members of the Building Code Standards Committee, who are statutorily charged with the task of developing and supervising a continuing education program, that they should not teach courses in the program since such dual activity (regulating the program and teaching in the program) created an inherent conflict of interest. See A.O. 92-49. Compare with A.O. 97-108 (advising the State Building Commissioner that the Code of Ethics did not prohibit him from teaching a course that was not part of the continuing education program under the jurisdiction of the Building Code Standards Committee); and A.O. 96-64 (concluding that the Code of Ethics did not prohibit the Petitioner, a municipal electrical inspector and a member of the Board of Examiners of Telecommunication System Contractors and Installers, from teaching continuing education classes for electricians where his Board neither regulates nor administers the mandatory education classes for electricians and journeymen).

After considering the relevant provisions of the Code and reviewing past advisory opinions, it is the opinion of the Rhode Island Ethics Commission that the Code of Ethics prohibits the Petitioner, the Chairperson of the Rhode Island Real Estate Commission, from teaching a three-hour continuing education seminar for Real Estate Agents approved by the Real Estate Commission. Since the Real Estate Commission is responsible for regulating continuing education classes for Real Estate Agents, the Petitioner's teaching responsibilities would create an interest in substantial conflict and would constitute employment that impaired his independence of judgment with respect to his public responsibilities. See R.I. Gen. Laws §§ 36-14-5(a) and 36-14-5(b). Also, Section 5(e)(1) of the Code prohibits the Petitioner from submitting, either individually or in conjunction with RIAR, an application to obtain continuing education accreditation for the course from the Commission on which he serves. See 96-85 (advising a former elected member of the Middletown School Committee that she could not apply for a position or interview with the School Committee or a subcommittee thereof since it constituted representation before her Board).

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-5(e)(1)

36-14-7

Related Advisory Opinions:

97-107

97-108

96-85

96-47

92-49

Keywords:

Private employment