Advisory Opinion No. 98-119

Re: John S. Scuncio

QUESTION PRESENTED

The Petitioner, the Hopkinton Police Chief, a municipal appointed position, requests an advisory opinion as to whether an officer in the Hopkinton Police Department, a municipal employee position, may receive a promotion to the supervisory rank of sergeant given that his brother also is an officer in the Police Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit an officer in the Hopkinton Police Department, a municipal employee position, whose brother also is an officer in the Department, from receiving a promotion to the supervisory rank of sergeant. In that position, however, the one brother may not supervise the other or otherwise participate in personnel matters directly affecting him. Sections 5(a) and 7(a) of the Code of Ethics and General Commission Advisory 1 prohibit public officials and employees from participating in matters that could result in financial gain to family members. Commission Regulation 36-14-5005 (Nepotism) includes brothers within the definition of family members. General Commission Advisory No. 1 and other advisory opinions have concluded that participation in personnel/supervision matters relating to a family member is prohibited conduct under the Code of Ethics.

The Petitioner here is the Chief of Police in Hopkinton. He advises the Commission that if the one brother receives a promotion to sergeant the structure of the Department is such that that brother can be relieved of any supervisory responsibilities relating to the other without any disruption to the Department. Either another sergeant or lieutenant would exercise such authority. Given that his brother would not be in his chain of command, the Code of Ethics does not prohibit the officer's appointment to sergeant since he will not be in a position to participate in matters that could result in a financial gain to a member of his family.

This opinion is consistent with previous advisory opinions in which the Commission approved as consistent with the Code of Ethics the existence or establishment of procedures insulating an official or employee from participating in matters directly affecting a member of his or her family. Those opinions and General Commission Advisory No. 1 also require that such matters be handled by the public official's or employee’s supervisor, or by someone over which the official or employee has no supervisory authority. See A.O. 95-71, A.O. 96-109, and A.O. 96-118. In that regard, this matter does not present a situation where no alternate chain of command is available. C.f. A.O. 97-140, A.O. 97-6. Here, another sergeant or a lieutenant could and would supervise the brother of the candidate for sergeant if the latter receives the promotion. Therefore, given the availability of this alternative chain of command, the Code of Ethics does not prohibit the appointment of an officer to the rank of sergeant while his brother works in the same Department.

Code Citations:

36-14-5(a)

36-14-7(a)

36-14-5005

Related Advisory Opinions:

GCA 1

97-140

97-6

96-118

96-110

96-109

96-16

95-71

95-45

91-56

91-32

Keywords:

Family: public employment

Family: supervision

Nepotism