Advisory Opinion No. 98-91

Re: Karen Unsworth

QUESTION PRESENTED

The Petitioner, the State Hunter Education Coordinator, a state employee position, requests an advisory opinion as to whether the State may sponsor hunter education activities at a gun club where she performs volunteer work on her own time and receives a reduced rate for league shooting fees.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that under current statutes and regulations the State may sponsor hunter education activities at a gun club where the Petitioner, the State Hunter Education Coordinator, performs volunteer work on her own time. Also, the Petitioner may receive a reduced rate for league shooting fees in return for her volunteer work so long as the discounts are not given to her with an expectation or understanding that they will affect her judgment or actions as State Hunter Education Coordinator.

The Petitioner advises that the State sponsors hunter education activities at various Rhode Island gun and archery clubs. The Petitioner performs volunteer work at a gun club on her own time and in return receives a reduced rate for league shooting fees from that club. She indicates that clubs customarily provide reduced membership or shooting fees for their volunteers. Under the Code of Ethics, the Petitioner may not use her public office or confidential information received through that office to obtain financial gain for herself, other than that provided by law. See R.I. Gen. Laws § 36-14-5(d). Additionally, she is prohibited from accepting a gift where it is given with an expectation or understanding that in return the donor will benefit by her official actions. See R.I. Gen. Laws § 36-14-5(g).

The Commission concludes that no conflict of interest arises by virtue of the fact that the State may sponsor hunter education activities at a gun club where the Petitioner performs volunteer work on her own time. However, the Commission must also consider whether the receipt of reduced shooting fees constitutes the improper receipt of a gratuity from an entity over which she exercises some degree of regulatory control. In General Commission Advisory No. 7, the Commission stated that “[t]he prohibition contained in §5(g) is not only intended to prevent actual preferential treatment, but also to prevent the possibility of preferential treatment and thus prevent the appearance of impropriety.” Under the existing Code of Ethics, the Petitioner may receive reduced shooting fees so long as the value of the benefit conferred does not exceed $100 and there is no expectation or understanding that in return the club will benefit by her official actions. However, the Petitioner is cautioned and advised that the Commission presently is considering a proposed gift regulation that may prohibit the receipt of some or all benefits from, for instance, any clubs and/or businesses over which she exercises regulatory control. A public hearing will be held on June 2, 1998, at which time the Commission is scheduled to consider a new gift regulation.

Code Citations:

36-14-1

36-14-5(d)

36-14-5(g)

GCA 7

Related Advisory Opinions:

97-116

95-40

Keywords:

Gifts