Advisory Opinion No. 98-103

Re: Thomas M. Harrington

QUESTION PRESENTED

The Petitioner, the Division of Motor Vehicles (DMV) Administrator, requests an advisory opinion as to whether a DMV Motor Vehicle Operator Examiner, a state employee position, may accept part-time employment with the Community College of Rhode Island (CCRI) to conduct classroom instruction and road tests of school bus drivers.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that a Division of Motor Vehicles (DMV) Motor Vehicle Operator Examiner, a state employee position, may accept part-time employment with the Community College of Rhode Island (CCRI) to conduct classroom instruction and road tests of school bus drivers provided that he teaches the course on his own time and does not administer written examinations and/or road tests to individuals seeking school bus driver licenses as part of his duties at the DMV. Additionally, he must refrain from participating in any matters involving school bus drivers, including the review and/or notarization of applications for school bus driver licenses.

The Petitioner advises that CCRI has offered Al Perrotti, a DMV Motor Vehicle Operator Examiner, a part-time position conducting classroom instruction and road tests of school bus drivers. In his employment with the DMV, Mr. Perrotti administers written examinations and road tests to individuals seeking motor vehicle operator licenses. He also reviews all license applications for completeness and accuracy, including those for school bus operation, and may notarize such applications as required. Under the Code of Ethics, Mr. Perrotti may not engage in any business or professional activity 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). The Code also provides that he may not accept outside employment which either impairs his independence of judgment as to his official duties, or requires or induces him to disclose confidential information acquired in the course of his official duties. See R.I. Gen. Laws § 36-14-5(b).

The Commission concludes that Mr. Perrotti may teach a course for school bus drivers since his responsibilities do not require him to administer written examinations and road tests to individuals applying for school bus driver licenses, nor do they involve approving instructional courses or establishing curricula for such courses. Given that the proposed course is outside the scope of his official duties, and he will be teaching the course on his own time, no inherent conflicts of interest are present under the Code. Mr. Perrotti should refrain from participating in any matters involving school bus drivers including the review and/or notarization of applications for school bus driver licenses. Finally, Mr. Perrotti is advised that in the event his responsibilities with the DMV change, he should seek further guidance from the Ethics Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

98-31

97-108

97-107

96-104

96-64

96-47

92-49

Code Citations:

Private employment