Advisory Opinion No. 98-135

Re: Marc J. Tremblay

QUESTION PRESENTED

The Petitioner, a City of Providence employee in the Forest Management Program at the Scituate Reservoir, a municipal employee position, requests an advisory opinion as to 1) whether he may provide forestry services to private landowners if he does not exercise authority over those landowners in his public employment, and 2) standards applicable to the filing of false or frivolous complaints under the Code of Ethics.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a City of Providence employee in the Forest Management Program at the Scituate Reservoir, a municipal employee position, may provide services to private landowners if he does not exercise authority over those landowners in his public employment.

The Code of Ethics provides that the Petitioner shall not have any interest, financial or otherwise, direct or indirect, or engage in any employment or transaction which is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Laws §§ 36-14-5(a), 7(a). Additionally, the Code provides that the Petitioner shall not accept other employment which will either impair his independence of judgment as to his official duties or induce him to disclose confidential information acquired by him in the course of and by reason of his official duties. R.I. Gen. Laws § 36-14-5(b).

The Petitioner represents that he is a manager with oversight of the Forest Management Program at the Scituate Reservoir. Additionally, in his private capacity, he may provide advice or services to private landowners who are not within the Scituate Reservoir watershed. Given that he will not be acting in matters in his private capacity where he exercises authority in his public capacity, the Petitioner will not be in substantial conflict with his duties in the public interest nor should his judgment be impaired as to his public duties. We caution the Petitioner that he may not use confidential information obtained through his public employment for financial gain/loss for himself, family or any business associates.

The Commission declines to consider the Petitioner’s second question as it is too speculative at this time. Determinations as to whether or not a complaint filed with the Commission is "false or frivolous" are made based on the particular facts of specific matters. Additionally, it does not appear to concern a possible conflict of interest situation for the Petitioner, which is required for an advisory opinion. See Commission Regulation 36-14-1024.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-1024

Related Advisory Opinions:

95-80

96-31

96-72

97-45

97-89

97-93

97-104

98-21

98-34

98-87

Declaratory Ruling 95-2

Keywords:

Private employment