Advisory Opinion No. 98-37

Re: Salvatore Lombardi

QUESTION PRESENTED

The Petitioner, an unclassified employee of the Retirement Division of the Treasury Department, a state employee position, requests an advisory opinion as to whether the Code of Ethics prohibits him as a state employee from seeking or holding a seat as a State Representative, a state elected position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, an unclassified employee of the Retirement Division of the Treasury Department, a state employee position, from seeking or holding a seat as a State Representative, a state elected position. Under the Code of Ethics, a public official or employee may not use his position, other than as provided by law, to benefit himself, and may not participate in any matter in which he has an interest in substantial conflict with his public duties. A substantial conflict of interest exists if, for example, an official has reason to believe or expect that he or an employer will derive a direct monetary gain or loss by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Also, R.I. Gen. Laws § 36-14-5(b) prohibits a public official or employee from accepting other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties.

Sections 5(a) and 5(d) of the Code of Ethics do not create an absolute bar to simultaneous service as a State Representative and an employee of the Treasury Department. Rather, those provisions require a matter by matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out an official’s or employee’s duties in the public interest. The Petitioner is advised, for instance, that he would not be able to participate as a State Representative in any matters affecting his employment with the Retirement Division. That prohibition also might extend to matters relating to employment that affect certain broader classes of state employees; e.g., all state employees in the unclassified service. The prohibition also would extend to matters that affected the Treasury Department generally. In sum, while simultaneous service in the two state positions is not barred by the Code of Ethics, the relevant statute and regulations would require that the Petitioner be particularly vigilant as to the matters he participated in, especially in his position as a state elected official.

Finally, the Petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him, as an unclassified employee, from seeking or holding office as a State Representative. This opinion does not address whether any other statutes, rulings or policies, specifically from the State Board of Elections, the Department of Administration, or the Attorney General's Office, prohibits such simultaneous service.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

97-142

97-31

96-42

96-8

Keywords:

Candidate

Dual public roles

Prospective employment