Advisory Opinion No. 98-75

Re: George R. Kenney

QUESTION PRESENTED

The Petitioner, a member of the Highway Commission, the Finance Board and the Economic Development Commission for the Town of Hopkinton, municipal appointed positions, requests an advisory opinion as to whether the Code of Ethics prohibits him from seeking or holding a seat as an elected member of the Chariho Regional School Committee, a municipal elected position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a member of the Highway Commission, the Finance Board and the Economic Development Commission for the Town of Hopkinton, municipal appointed positions from seeking or holding a seat as an elected member of the Chariho Regional School Committee, a municipal elected position. Under the Code of Ethics, a public official or employee may not use his position, other than as provided by law, to benefit himself, and may not participate in any matter in which he has an interest in substantial conflict with his public duties. A substantial conflict of interest exists if, for example, an official has reason to believe or expect that he or an employer will derive a direct monetary gain or loss by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Also, R.I. Gen. Laws § 36-14-5(b) prohibits a public official or employee from accepting other employment that will either impair his independence of judgment as to his official duties or employment or require him to disclose confidential information acquired by him in the course of his official duties.

Sections 5(a) and 5(d) of the Code of Ethics do not create an absolute bar to concurrent service as an elected member of a regional school committee as an appointed official in one of the town’s that make up the regional school district. Rather, those provisions require a matter by matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out an official’s or employee’s duties in the public interest. The Petitioner is advised, for instance, that he would not be able to participate as a Town of Hopkinton official in any matters affecting, for instance, his compensation as a member of the regional school committee. Absent that sort of direct financial nexus between his actions as a public official wearing one hat and his position as a public official wearing a second hat, there is no intrinsic conflict of interest. As a practical matter, the various public positions held and to be sought by the Petitioner appear sufficiently distinct that it is unlikely their respective interests and responsibilities will converge.

Also, the Petitioner correctly notes that his private employment as an agricultural manager does not present a bar to either his current appointive service or to his intended run for elective office. His employer presently does no business with either the Town of Hopkinton or the Chariho Regional School District. If and when that changes the Petitioner is advised that it may be necessary for him to request further advice as to what restrictions that might impose on his actions as a public official.

Finally, the Petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits him, as a municipal appointed official in the Town of Hopkinton from seeking or holding a seat as an elected member of the Chariho Regional School Committee. This opinion does not address whether any other statutes, rulings or policies, specifically from the State Board of Elections, town or regional charters,or the Attorney General's Office, prohibit such concurrent service.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

98-37

97-142

97-31

96-42

96-8

Keywords:

Candidate

Dual public roles

Private employment