Advisory Opinion No. 98-69

Re: Daniel C. Baruti

QUESTION PRESENTED

The Petitioner, a full-time police officer in the Town of Hopkinton, a municipal employee position, who also is a third-year, evening division law student, requests an advisory opinion as to whether and with what restrictions he may accept private part-time employment as a legal research assistant/clerk for a Rhode Island law firm.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a full-time police officer in the Town of Hopkinton, a municipal employee position from working part-time as a legal research assistant/clerk for a Rhode Island law firm. The Petitioner is a third-year, evening division law student at the Roger Williams School of Law. In accordance with departmental regulations he requested and received permission from the Chief of Police to seek part-time, outside employment. In that private employment the Petitioner may not, however, use public time or resources, nor may he improperly use confidential information obtained because of his public position as a police officer. Finally, the Petitioner should not work on any matters involving the Town of Hopkinton’s police department. See R.I. Gen. Laws § 36-14-5(b).

The Code of Ethics provides that a public official or employee may not use his public position, or confidential information acquired by virtue of his public position, to obtain financial gain, other than as provided by law. R.I. Gen. Laws § 36-14-5(d). Therefore, while the Petitioner may hold outside, private employment while working as a police officer, he may not use public time or resources, or make use of confidential information, in that private employment. Also, Section 5(b) of the Code of Ethics provides that a public official or employee may not accept other employment that would impair his independence of judgment as to his public employment. R.I. Gen. Laws § 36-14-5(b). As a public safety officer for the Town of Hopkinton, any involvement by the Petitioner through his private employment in matters being investigated by or otherwise involving the Town of Hopkinton’s Police Department would fall within this prohibition and should be avoided.

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." Therefore, Section 5(e)(1) of the Code also prohibits the Petitioner from any involvement with his own police department through his private employment.

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:

98-31

97-107

97-108

96-85

96-47

92-49

Keywords:

Private employment