Advisory Opinion No. 98-47

Re: Richard Poirier

QUESTION PRESENTED

The Smithfield Town Solicitor, on behalf of the Petitioner, a Smithfield Town Councilor, a municipal elected position, requests an advisory opinion as to whether he may participate and vote regarding Council support for a bill establishing the Slack’s Reservoir Preservation and Recreation District, given that his sister owns property abutting the proposed District.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Smithfield Town Councilor, a municipal elected position, may not participate and vote regarding Council support for a bill establishing the Slack’s Reservoir Preservation and Recreation District, given that his sister owns property abutting the proposed District.

The Town Council has been asked to support a bill establishing the Slack’s Reservoir Preservation and Recreation District. The Petitioner advises that his sister owns property abutting the Reservoir and is one of approximately 150 homeowners who would be subject to a tax assessment for purposes of the bill. Under the Code of Ethics, the Petitioner may not participate or vote on the matter since to do so may represent an action in substantial conflict with the proper discharge of his duties in the public interest. A substantial conflict includes potential financial benefit for the official, a family member, or a business associate. The establishment of the Slack’s Reservoir Preservation and Recreation District presumably would have a financial impact on the valuation of his sister’s property, therefore requiring the Petitioner to recuse from participation and vote in the matter. Additionally, whenever a matter comes before the Council involving this particular proposal, the Petitioner should (a) notify the Council, in writing, of the nature of his interest in the matter at issue; and (b) recuse himself from any votes or discussions relating to this matter. Notice of recusal also should be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

97-76

97-63

95-83

94-42

92-24

Keywords:

Family: property interest