Advisory Opinion No. 98-48

Re: David Wood

QUESTION PRESENTED

The Petitioner, the Little Compton Town Solicitor, requests an advisory opinion on behalf of the Town as to whether the Town would violate the Code of Ethics if it permits a Little Compton firefighter, a municipal employee, who also owns a lawnmower repair business, to perform minor repairs on equipment owned by the Department that has lawnmower-type engines (e.g., chain saws) if a) the repairs generally cost the Town between $30.00 and $40.00; b) the costs of the repairs on an annual basis do not exceed $500.00; and c) the firefighter performs the repairs on his own time with his own tools at the direction of the Fire Chief.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that neither the Town nor the Little Compton firefighter would violate the Code of Ethics if the firefighter performs small engine repairs for the Town that generally do not exceed between $30.00 and $40.00 provided that a) the repairs do not exceed $500.00 on an annual basis; b) the repairs are performed at the direction of the Fire Chief; and c) the firefighter performs the repairs on his own time and with his own tools. Here, given the nominal and incidental value of the repairs, we find that Section 5(h) of the Code of Ethics, which prohibits a municipal employee from entering into a contract with the municipality unless the contract has been awarded though an open and public process, is not applicable. See A.O. 97-72 (advising the Charlestown Harbormaster who also owns and operates a private business that sells and services diving equipment that Section 5(h) of the Code does not prohibit incidental and nominal purchases). The Town and the firefighter, however, are advised that, if the repairs increase in frequency and/or cost so that they can no longer be classified as incidental or nominal, the Town must comply with the dictates of R.I. Gen. Laws § 36-14-5(h) regarding an open and public bidding process for the contract for such repairs.

Code Citations:

36-14-5(h)

Related Advisory Opinions:

97-72

97-35

96-41

95-60

95-24

94-51

94-5

Keywords:

Contracts

Private employment