Advisory Opinion No. 98-39

Re: Patrick J. Sullivan, Esq.

QUESTION PRESENTED

The Petitioner, the Coventry Town Solicitor, a municipal appointed position, requests an advisory opinion as to whether he may provide advice to the Planning Commission in matters involving parcels that are adjacent to land owned by a corporation in which his brother-in-law has a substantial interest.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Coventry Town Solicitor, a municipal appointed position, may not serve as counsel to Planning Commission members as to matters involving parcels that are adjacent to land owned by a corporation in which his brother-in-law has a substantial interest. A public official has a substantial conflict of interest when he/she has reason to believe or expect that his/her family will derive a monetary benefit or suffer a monetary loss by reason of his/her official activity. See R.I. Gen. Laws § 36-14-5(a), 7(a). Additionally, Commission Regulation 36-14-5005 includes in-laws as members of one's family. The Commission previously has concluded that the Code of Ethics prohibits public officials from participating in matters that may affect their families, including decisions regarding property. See A.O. 97-76. Although the Petitioner is not a member of the Commission, he is a Solicitor and a public official and as such, his advice on various matters are part of his role as a public official. Providing advice to the Planning Commission constitutes "official activity" as that term is used in the Code of Ethics. Therefore, he should recuse from those matters that will have an effect on his family including those matters where his brother's corporation 's property value is impacted.

Code Citations:

32-14-5(a)

36-14-5(d)

36-14-7(a)

Commission Regulation 36-14-5005

Related Advisory Opinions:

97-76

94-42

95-101

Keywords:

Family: Property interest