Advisory Opinion No. 98-74

Re: Parsram S. Thakur

QUESTION PRESENTED

The Petitioner, a professor at the Community College of Rhode Island, a state employee position, requests an advisory opinion as to whether he may require his students to purchase a supplementary textbook that he has authored and from which he does not realize any profit from sales.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a professor at the Community College of Rhode Island, a state employee position, may require his students to purchase a supplementary textbook that he has authored so long as he does not realize any profits from the sale of his book to his students.

The Petitioner has authored a textbook to supplement the content of a course he teaches at the Community College of Rhode Island. He indicates that supplementary material is necessary due to the fact that course textbooks do not fully cover the curriculum and are not up to date. He advises that he does not realize any profits from those sales of his book because he sells them to the students at cost.

The Code of Ethics prohibits the Petitioner from having a financial interest in substantial conflict with the proper discharge of his duties or employment in the public interest. A substantial conflict exists where the Petitioner has reason to believe or expect that he would derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. See R.I. Gen. Laws § 36-14-5, 7(a). Additionally, the Code prohibits the Petitioner from using his office for pecuniary gain. See R.I. Gen. Laws § 36-14-5(d).

In previous advisory opinions the Commission has concluded that where a financial benefit would not result to the public official or employee, he/she could provide or show his/her products. See A.O. 79-65(concluding public official's company could print calendars for the Rhode Island Arts Council at no cost) and A.O. 98-4(concluding that state employees could hang their artwork at the Department of Administration so long no prices or "for sale" signs are associated with the work).

Here, although the Petitioner is requiring his students to purchase his book, he will not receive a monetary gain (as represented by the Petitioner). Therefore, the Commission concludes that the Petitioner does not have a substantial conflict of interest under the Code of Ethics or a conflict with Section 5(d) of the Code under these circumstances.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

98-4

97-100

97-5

96-104

89-66

88-16

79-65

Keywords:

Financial interest