Advisory Opinion No. 98-125

Re: Carl Calicchia

QUESTION PRESENTED

The Petitioner, a Providence Department of Inspections and Standards employee, Mechanical Division, a municipal employee position, through counsel requests an advisory opinion as to 1) whether he may sell and/or purchase fundraising tickets for candidates for elected office in Providence; and, 2) whether he may review bids for non-mechanical contracting work as a member of the Silver Lake Community Center’s Building and Maintenance Committee.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Providence Department of Inspection and Standards employee, Mechanical Division, a municipal employee position, 1) may sell and/or purchase fundraising tickets for candidates for elected office, provided that he does so on his own time and does not solicit his subordinates; and, 2) may review bids for non-mechanical contracting work as a member of the Silver Lake Community Center’s( the Center) Building and Maintenance Committee, provided that he should recuse himself whenever the representatives of the Center and/or its interests appear before him in his official capacity.

The Petitioner advises that the Center, a private organization, has asked him to sit on its Building and Maintenance Committee. His role would be limited to reviewing bids for contracting work. The Petitioner would advise the Center on non-mechanical decisions only, given the nature of his public employment. The Code of Ethics provides that a public official or employee may not accept employment that would impair his or her independence of judgment. See R.I. Gen Laws § 36-14-5(b). A public official or employee also may not participate in his or her public employment in any matter in which he or she has an interest in substantial conflict with the proper discharge of his or her duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Additionally, no person subject to the Code may solicit or request political contributions from a subordinate over whom he or she exercises supervisory responsibility in his or her official duties. See Commission Regulation 36-14-5011.

The Code of Ethics does not prohibit the Petitioner from selling and/or purchasing fundraising tickets for candidates for elected office, provided that any such activity is conducted on his own time. He is cautioned and advised that pursuant to Commission Regulation 5011, which became effective on July 1, 1998, he may not solicit his subordinates for the purchase of such tickets and/or other political contributions.

Additionally, the Commission concludes that the Petitioner may review bids for contracting work required by the Center. The Center is not a governmental agency. As a result, any action taken by the Petitioner as a Committee member is private, not public, conduct. Such action taken in his personal capacity for a private organization is not governed by the Code. However, in the event that representatives of the Center and/or its interests appear before him in his official capacity at the Department of Inspections and Standards he should (a) notify the Department of Inspection and Standards, in writing, of the nature of his interest in the matter, and, (b) recuse from participating in any such matter. Notice of recusal also should be filed with the Ethics Commission pursuant to R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-6

36-14-7(a)

Regulation 5011

Related Advisory Opinions:

97-13

97-62

95-92

93-77

92-46

Keywords:

Memberships

Political activity

Solicitation