Advisory Opinion No. 98-101

Re: Barry F. Cole

QUESTION PRESENTED

The Westerly Town Solicitor requests an advisory opinion on behalf of the Petitioner, a Westerly Town Councilor, a municipal elected position, as to whether he may participate and vote on an amendment to the Town’s Veterans tax exemption policy given that he is eligible for a real estate tax exemption as a Veteran.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Westerly Town Councilor, a municipal elected position, who is eligible for a real estate tax exemption as a Veteran, may participate and vote on an amendment to the Town’s Veterans tax exemption policy. In accordance with Section 7(b) of the Code of Ethics, since the Petitioner would be affected by said amendment to no greater or lesser extent than all other Veterans who own property within the town and the number of Veterans (1,540) affected by this policy constitutes a significant and definable class in Westerly.

The Petitioner advises that the Westerly Town Council currently is considering an amendment to its Veterans tax exemption policy which would increase the flat rate exemption on assessed property from $10,000 to $15,000 for all Veterans. He represents that approximately 1,540 Veterans within the municipality would be affected by this proposed change. Under the Code of Ethics, a public official may not have an interest which is in substantial conflict with the proper discharge of his duties or employment in the public interest. See R.I. Gen Laws § 36-14-5(a). However, Section 7(b) provides that no such conflict exists where any benefit accrues to the official (or a relative or business associate) to no greater extent than any other similarly situated member of a significant and definable class of persons.

Here, the proposed amendment would affect the Petitioner to no greater or lesser extent than the entire body of Veterans who own property within the town. The Commission previously has applied the 7(b) class exception where the matter at issue concerned large groups, such all members of a community, all hunters, all state pension recipients or all teachers within a school system. A tax levy that would affect all Veterans who own property in a community, here numbering approximately 1,540, clearly falls within that exception. Therefore, the Commission concludes that the Petitioner may participate and/or vote on the proposed amendment. However, the Petitioner should file a Section 6 notice with the Ethics Commission and the Town Council indicating the reasons why, despite his interest, he is able to vote objectively, fairly, and in the public interest on the amendment at issue.

Code Citations:

36-14-5(a)

36-14-7(a)

36-14-7(b)

Related Advisory Opinions:

98-41

97-79

96-66

95-101

95-35

94-61

93-65

91-97

Keywords:

Class exception