Advisory Opinion No. 98-110

Re: Tom Dooley

QUESTION PRESENTED

The Petitioner, a member of the Providence Film Commission, a municipal appointed position, and an instructor in the Film Studies Program at Rhode Island College, a state employee position, requests an advisory opinion as to whether he may serve for compensation as the Competition Director for an international screenwriting competition to be held in conjunction with the New England Screenwriter's Conference sponsored by the Providence Film Foundation, a 501(c)(6) non-for-profit corporation, and the Community Writer's Association.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a member of the Providence Film Commission, a municipal appointed position, and an instructor in the Film Studies Program at Rhode Island College, a state employee position, from accepting employment as the Competition Director for an international screenwriting competition to be held in conjunction with a conference sponsored by the Providence Film Foundation and the Community Writer's Association provided that he does not use improperly public time or resources for the benefit of his private employment.

For the past seven years, the Petitioner has taught filmmaking and screenwriting at Rhode Island College on a part-time basis. In June of 1997, City of Providence Mayor Vincent Cianci appointed the Petitioner to the Providence Film Commission, an advisory committee created to promote the growth of film and television production in Providence and Rhode Island, to serve as the representative of Rhode Island College.

Recently, the Executive Director of the New England Screenwriter's Conference, an individual who is not associated with the Providence Film Commission, asked the Petitioner to serve as the Competition Director for an international screenwriting competition to be held in conjunction with the New England Screenwriter Conference. The Providence Film Foundation, a 501(c)(6) not-for profit-fundraising organization, and the Community Writer's Association will sponsor this Conference. The Petitioner advises that, if he accepts the position as Competition Director, he would receive an honorarium of $2,200 derived from entrance fees.

Under the Code of Ethics, the Petitioner, as a member of the Providence Film Commission, may not participate in any matter in which he has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). An official will have an interest in substantial conflict with his official duties if its is likely that a "direct monetary gain" or a direct monetary loss" will accrue, by virtue of the public official's activity, to the official, a family member, a business associate, an employer, or any business with the public official represents. See R.I. Gen. Laws § 36-14-7(a). Also, under R.I. Gen. Laws § 36-14-5(b), the Petitioner may not accept outside employment that will impair his independence of judgment. Finally, pursuant to R.I. Gen. Laws § 36-14-5(d), the Petitioner is prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, a business associate, his employer, or any business in which he represents.

After considering the relevant provisions of the Code, it is the opinion of the Rhode Island Ethics Commission that the Code of Ethics would not prohibit the Petitioner from accepting employment as the Competition Director for an international screenwriting competition sponsored by the Providence Film Foundation and the Community Writer's Association provided that he does not use improperly public time or resources to further his private employment. See A.O. 98-69 (advising a full-time police officer for the Town of Hopkinton that the Code of Ethics does not prohibit him from working part-time as a legal research assistant/clerk for a Rhode Island law firm provided that he did not use public time or resources or confidential information obtained by him because of his position as a police officer).

This opinion is based on the Petitioner's representations that he, as a member of the Providence Film Commission, has not had any involvement with or taken any official action relating to the New England Screenwriter's Conference, the international screenwriting competition, of the Providence Film Foundation. As such, there is no evidence that his outside employment would either impair his independence of judgment or create an interest in substantial conflict with his public duties. The Petitioner, however, is reminded that, should any matter concerning the international competition, the New England Screenwriter's Conference, the Providence Film Foundation, or the Community Writer's Association come before him as a member of the Providence Film Commission he should exercise the notice and recusal provisions set forth in R.I. Gen. Laws § 36-14-6.

Finally, although the Petitioner characterizes his anticipated stipend as an honorarium, the new provision governing honoraria, 36-14-5010, effective July 1, 1998, is not applicable since the outside employment is neither part of nor directly related to his official duties and responsibilities as an instructor at Rhode Island College or a member of the Providence Film Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-6

36-14-7

36-14-5010

Related Advisory Opinions:

98-69

97-108

97-107

97-98

97-39

96-47

94-16

92-49

92-23

Keywords:

Private employment