Advisory Opinion No. 98-104

Re: Aisha Abdullah-Odiase

QUESTION PRESENTED

The Petitioner, a Providence School Board member, a municipal appointed position, requests an advisory opinion as to whether she may seek elective office to either the City Council or the General Assembly and, if elected, whether she may retain her position on the Providence School Board given that she is appointed by the Mayor with approval by the City Council.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a Providence School Board member, a municipal appointed position, from seeking elective office for either the City Council or General Assembly while serving as a School Board member. However, the Petitioner, if elected to public office, is cautioned and advised that in the event matters come before her concerning the Providence School Board or her other office while serving as a School Board member, City Councilor, or General Assembly member, she should recuse herself from participation in accordance with Section 6 of the Code of Ethics. Additionally, the Petitioner cannot be reappointed to the School Board if she is elected to the City Council, since the City Council participates in the appointment of School Committee members.

Sections 5(a) and 5(d) of the Code of Ethics do not create an absolute bar to simultaneous service as a School Board member and a City Councilor or General Assembly member. Rather, those provisions require a matter by matter evaluation and determination as to whether substantial conflicts of interest exist with respect to carrying out an official's or employee's duty in the public interest. The Petitioner is advised, for instance, that she would not be able to participate as a General Assembly member or City Council member in any matters affecting the Providence School Board. In sum, while simultaneous service in either of the two positions is not barred by the Code of Ethics, the relevant statute and regulations would require that the Petitioner be particularly vigilant as to the matters in which she participated. We caution, however, that if elected to office, the Petitioner may find that she is faced with numerous conflicts which require her recusal from either the School Board or City Council matters on a regular basis, thereby triggering Regulation 36-14-5003's limitation of recusals. If such a situation develops, the Petitioner should seek another advisory opinion as to whether she may simultaneously serve as a School Board member and City Councilor.

The Petitioner is further advised that, if elected to the City Council, under the provisions of R.I. Gen. Laws § 36-14-5(e)(1) and Commission Regulation 5006, she may not accept reappointment to the School Board until one year after her term with the City Council has expired since the City Council participates in the appointment of School Board members, position which receive financial benefits and/or remuneration.

Finally, the Petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits her, as an appointed municipal official, from seeking or holding office as a City Councilor or General Assembly member. This opinion does not address whether the Providence Charter or any other statutes, rulings or policies, specifically from the State Board of Elections or the Attorney General's Office, prohibits such simultaneous service.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(e)

36-14-5006

Related Advisory Opinions:

97-127

97-23

95-62

95-38

93-13

90-11

Keywords:

Candidate

Dual public roles