Advisory Opinion No. 98-109

Re: Laura A. Dwyer

QUESTION PRESENTED

The Petitioner, an Administrative Assistant to the Westerly Finance Director, a municipal employee position, requests an advisory opinion as to whether she may volunteer to assist a candidate in his campaign for State Representative for the 51st District in Westerly.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, an Administrative Assistant to the Westerly Finance Director, a municipal employee position, may volunteer to assist a candidate in his campaign for State Representative for the 51st District in Westerly. This private political activity does not fall within the purview of the Code of Ethics because (1) it concerns the Petitioner’s private conduct outside the scope of her public duties; (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.

The Petitioner, an Administrative Assistant to the Westerly Finance Director, advises that she wishes to assist Peter L. Lewiss, Esq., in his campaign for State Representative for the 51st District in Westerly. She represents that she would perform campaign duties on a volunteer basis, on her own time, and without the use of public resources. Under the Code of Ethics, the Petitioner may not have any interest which is in substantial conflict with the proper discharge of her duties or employment in the public interest. R.I. Gen. Laws § 36-14-5(a). Additionally, she may not accept other employment which will either impair her independence of judgment as to her official duties or require her, or induce her, to disclose confidential information acquired by her in the course of her official duties. R.I. Gen. Laws § 36-14-5(b). The Petitioner’s activity as a campaign volunteer, conducted on her own time, is private, not public, conduct. Further, the prohibitions of Section 5(a) and 5(b) of the Code do not apply to her activity as a campaign volunteer since it does not constitute “employment" that will impair her independence of judgment as to her public duties because her public position does not concern elections. See A.O. 96-78, A.O. 95-51.

Code Citations:

36-14-5(a)

36-14-5(b)

Related Advisory Opinions:

98-78

95-51

94-3

92-46

Keywords:

Political activity