Advisory Opinion No. 98-72

Re: James D. Sculley, Chairman

QUESTION PRESENTED

The Petitioner, the Burrillville Zoning Board of Review Chairperson, a municipal appointed position, requests an advisory opinion as to whether he and other members of the Zoning Board of Review may participate in the consideration of and/or vote on a variance request where the applicant is the Pastor of the church to which he and two other members of the Zoning Board belong.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Burrillville Zoning Board of Review ("Zoning Board") Chairperson, a municipal appointed position, may participate in the consideration of and/or vote on a variance petition submitted by the Pastor of the church where the Petitioner and other members of the Zoning Board are members. The Petitioner and other members of the Zoning Board are not employed by the church, nor are they members of the its Financial Committee. Therefore, they do not direct the operations of the church or have a direct financial interest in its operations. Given that their only relationship with the church is one of membership, they are not considered "business associates" as defined by the Code of Ethics. See R.I. Gen Laws§ 36-14-2(8). Mere membership in an organization, religious or otherwise, does not create the potential for a conflict of interest under the Code of Ethics absent some additional involvement or interest by the public official in the organization. Therefore, consistent with the requirements of the Code of Ethics the Petitioner and the other members of the Zoning Board may participate in the consideration of and/or vote on a variance request where the applicant is the Pastor of the church to which they belong. Because the members of the Board may participate in this instance there is no need to address issues relating to the rule of necessity.

Code Citations:

36-14-5(a)

36-14-5(f)

Related Advisory Opinions:

98-10

96-54

95-59

Keywords:

Business associate

Non-profit boards