Advisory Opinion No. 98-122

Re: Jane Williams

QUESTION PRESENTED

The Scituate Town Solicitor requests an advisory opinion on behalf of the Petitioner, a Scituate Board of Canvassers member, a municipal appointed position, as to whether she may continue to serve on the Board of Canvassers given that her spouse is a Scituate School Committee candidate.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Scituate Board of Canvassers member, a municipal appointed position, may continue to serve on the Board of Canvassers notwithstanding her spouse’s candidacy for the Scituate School Committee. Because the Petitioner herself is not a candidate for office we conclude that recusal, rather than disqualification for the position, is an appropriate safeguard under the law. Also, any matters involving her husband’s candidacy that came before the Board of Canvassers would not implicate section 5(e) of the Code, which prohibits appearances by an official or employee before his or her own board or agency. That section’s absolute prohibitions do not extend to appearances by family members.

In that regard, we further advise that because the Petitioner's public responsibilities include administering an impartial election process, she should recuse herself from participation and/or vote on all Board matters relating to or affecting the candidacy of her spouse and/or other School Committee candidates. Such participation would constitute a substantial conflict with the discharge of her public duties and/or a use of position for financial gain for a family member. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a), 36-14-5(d). When matters involving her spouse or other School Committee candidates, and/or the School Committee election in general, come before her as a member of the Board of Canvassers, she should (a) advise the Board, in writing, of the nature of her interest in the matter at issue, and (b) recuse from any participation and/or vote in connection with said matters. Notice of recusal should be filed with both the Board of Canvassers and the Ethics Commission pursuant to R.I. Gen. Laws, § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

97-22

96-110

96-25

95-39

95-23

92-52

91-62

84-10

83-72

83-40

Keywords:

Family: public employment

Nepotism

Political activity