Advisory Opinion No. 98-107

Re: Karen A. Torti

QUESTION PRESENTED

The Petitioner, the Town of Johnston Environmental Coordinator, a municipal appointed position, requests an advisory opinion as to whether she may participate in endorsing a mayoral candidate as a Johnston Democratic Town Committee member given that she is appointed to her position by the mayor.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Town of Johnston’s Environmental Coordinator, a municipal appointed position, may participate in endorsing a mayoral candidate as a Johnston Democratic Town Committee (Committee) member. This private political activity does not fall within the purview of the Code of Ethics because (1) the Committee is not a governmental agency; (2) the Petitioner does not hold a public position concerning elections; and (3) public resources and time will not be used in the pursuit of political activity. That she is appointed to her position by the mayor is not relevant.

The Committee is not a governmental agency. As a result, any action taken by the Petitioner as a Committee member is private, not public, conduct. Additionally, the prohibitions of Section 5(a) and 5(b) of the Code do not apply to her activity as a Democratic Town Committee member since it does not constitute “employment" that will impair her independence of judgment as her public position does not concern elections. See A.O. 96-78, A.O. 95-51. Finally, R.I. Gen. Laws § 36-14-5(i) prohibits any person from giving or offering, “any gift, loan, political contribution, reward or promise of future employment based on any understanding or expectation that the vote or official action, or judgment of said person would be influenced thereby.” In other words, the Petitioner may not offer or influence contributions or an endorsement to a mayoral candidate in return for a promise that the mayor will treat favorably her personnel/salary requests.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(i)

Related Advisory Opinions:

96-78

95-41

94-43

92-46

Keywords:

Political activity