Advisory Opinion No. 98-90

Re: Chris Elliott

QUESTION PRESENTED

The Petitioner, a Valley Falls and Cumberland Firefighter, a regional employee position, requests an advisory opinion as to whether he or his employer may submit bids to supply emergency equipment in response to publicly noticed requests for proposals made by the Cumberland and Valley Falls Fire Departments.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Cumberland and Valley Falls Firefighter, a regional employee position, may submit bids to supply emergency equipment in response to publicly noticed requests for proposals made by the Cumberland and Valley Falls Fire Departments provided 1) he does not participate in the bid development process, and the contract is awarded through an open and public bidding process and 2) he does not appear personally before the Cumberland or Valley Falls Fire Departments regarding the bids.

The Code of Ethics provides that a public official may enter into a contract with a municipality provided the contract has been awarded through an open and public process, including public notice and subsequent public disclosure of all proposals considered and contracts awarded. See R.I. Gen. Laws § 36-14-5(h). Therefore, the Petitioner may submit bids to the Cumberland and Valley Falls Fire Departments on publicly noticed items so long as he has not participated in the bid development process. The Commission previously has ruled that officials who participate in the bid development process place themselves in a privileged position with respect to other bidders and consequently diminish, if not eliminate, the "open and public process" required under the Code.

Also, if the Petitioner or the Petitioner's firm bids on the publicly noticed requests for proposals from the the Cumberland and Valley Falls Fire Departments, pursuant to R.I. Gen. Laws § 36-14-5(e)(4), he may not appear personally before those departments in any matter relating to the bid or contract unless it is ministerial in nature or the Ethics Commission grants a hardship exemption. Section 5(e)(1) prohibits a public official or employee from representing his or others' particular financial interests before the public body to which he belongs or by which he is employed both while he is a member or employee and for a period of one year from the date of his severance from that public body. The Petitioner, a paid call firefighter in both the Valley Falls and Cumberland Fire Districts, is subject to these provisions. See R.I. Gen. Laws § 36-14-5(e)(1).

Code Citations:

36-14-5(e)

36-14-5(h)

Related Advisory Opinions:

98-79

98-64

98-61

98-50

98-46

98-46

97-48

Keywords:

Contracts

Private employment