Advisory Opinion No. 98-120

Re: Mark A. McSally, Esq.

QUESTION PRESENTED

The Petitioner, the Narragansett Town Solicitor, a municipal appointed position, requests an advisory opinion as to whether he and/or members of his law firm may represent a private client before the Narragansett School Committee.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Narragansett Town Solicitor, a municipal appointed position, and/or members of his law firm may represent a private client before the Narragansett School Committee based upon the facts that 1) the Petitioner is appointed to his position by the Town Council; 2) the Petitioner exercises no authority over the School Committee; and 3) the School Committee retains its own legal counsel.

Under the Code of Ethics, the Petitioner may not have an interest or engage in any employment or professional activity that is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Law § 36-14-5(a). He may not use his public position or confidential information received through his position to obtain financial gain, other than that provided by law. R.I. Gen. Law § 36-14-5(d). Further, the Code prohibits him from accepting other employment which will impair his independence of judgment as to his official duties. R.I. Gen. Law § 36-14-5(b). The Code prohibits him from representing himself or any other person before the agency of which he is a member or by which he is employed and for one year after leaving the public position. R.I. Gen. Law § 36-14-5(e). Finally, Commission Regulation 36-14-5008 prohibits the Petitioner from acting as attorney or agent for compensation before agencies over which he exercises fiscal jurisdiction or control.

Here, the Petitioner is appointed to his position by the Town Council. His duties as Town Solicitor do not include acting on behalf of the School Committee, nor does he otherwise exercise any control or authority over that entity. His sole involvement with the School Committee entails defending the interests of the Town Council in budgetary disputes with the School Committee. Additionally, the School Committee retains its own legal counsel. Accordingly, his representation of a private client before the School Committee does not implicate any provisions of the Code of Ethics. Finally, since the Petitioner is neither a member nor an employee of the municipal body before which he wishes to appear, the prohibitions set forth in R.I. Gen. Laws § 36-14-5(e) do not apply.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-5(e)

36-14-5008

Related Advisory Opinions:

98-80

97-16

96-88

96-10

Keywords:

Private employment