Advisory Opinion No. 98-87

Re: Kenneth C. D’Ambrosio

QUESTION PRESENTED

The North Kingstown Town Solicitor requests an advisory opinion on behalf of the Petitioner, a North Kingstown Town Councilor, a municipal elected position, as to whether he may accept part-time employment with the Rhode Island Economic Development Corporation (RIEDC) given that he also is a Quonset/Davisville Management Corporation (QDMC) Board Member and matters involving and/or affecting the RIEDC occasionally come before the Town Council.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a North Kingstown Town Councilor, a municipal elected position, who also is a Quonset/Davisville Management Corporation (QDMC) Board Member, may accept part-time employment with the Rhode Island Economic Development Corporation (RIEDC), provided that any contract for professional services is awarded through a process of public notice and disclosure of financial details. If and when matters involving or affecting the RIEDC or QDMC come before the Town Council, however, the Code of Ethics requires that the Petitioner recuse himself from participating in such. Also, in the event matters involving the Town and/or its interests come before the Petitioner in his employment with the RIEDC, depending upon the nature of those matters, the law may require recusal. The Petitioner is advised that he should seek additional advisory opinions if matters involving the Town of North Kingstown come before him at the RIEDC.

The Petitioner advises that he has been offered part-time employment by the RIEDC, a public corporation. He indicates that said employment would involve overseeing certain of the RIEDC’s advertising activities. The RIEDC maintains the Quonset Point/Davisville Industrial Park in North Kingstown and, from time to time, matters involving or affecting the RIEDC come before the Town Council. The Petitioner also is a Quonset/Davisville Management Corporation (QDMC) Board Member. The RIEDC indicates that the QDMC is its subsidiary corporation and largely serves as an advisory committee to the RIEDC concerning the development of the Quonset/Davisville Port and Commerce Park.

Under the Code of Ethics, a public official may not accept other employment that would impair his/her independence of judgment as to his/her official duties or require him/her to disclose confidential information. See R.I. Gen Laws §§ 36-14-5(b) and (c). Additionally, a public official may not enter into a contract for professional services with any state or municipal agency unless the contract is awarded through a process of public notice and disclosure of financial details. See R.I. Gen Laws §§ 36-14-5(h).

The Commission concludes that the Code of Ethics does not prohibit the Petitioner from accepting part-time employment with the RIEDC. However, any contract for his professional services must be awarded through a process of public notice and disclosure based upon his status as Town Councilor and the fact that he is contracting with the parent of the public corporation of which he is a Board Member. Further, when matters involving or affecting the RIEDC or QDMC come before the North Kingstown Town Council, an intersection of interests between the Petitioner’s responsibilities and personal interests as an employee and the fiduciary duty he owes to the Town as a member of the Town Council likely would result. Pursuant to Commission Regulation 36-14-6001, a public official has reason to believe or expect that a conflict of interest exists when it is “reasonably foreseeable.” Accordingly, the Petitioner should recuse from participation as a member of the Town Council in matters where the interests of the RIEDC are implicated. Notice of recusal should be filed with the Town Council and with the Ethics Commission. R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(b)

36-14-5(c)

36-14-5(h)

Related Advisory Opinions:

98-21

97-136

97-104

95-103

95-39

94-48

Keywords:

Dual public roles