Advisory Opinion No. 98-136

Re: Frank J. Gallo

QUESTION PRESENTED

The Petitioner, a Detective in the Cranston Police Department, a municipal employee position, who also operates Police Action Control Concepts Inc., a private business that provides training in defense tactics (self-defense) to local and out-of-state police departments, requests an advisory opinion as to whether he may a) conduct training seminars that are hosted by local police agencies if he does not receive compensation from the agencies for his services and pays the agencies for use of their facilities; and b) provide complimentary training slots to host law enforcement agencies.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, a Detective for the Cranston Police Department, a municipal employee position, who also operates a private business that provides training in defense tactics from a) conducting training seminars hosted by local police agencies provided that he is not compensated by the local police agency for his services; b) providing free training slots to hosting law enforcement agencies. The provisions of R.I. Gen. Laws § 36-14-5(h) prohibiting public officials from entering into contracts with municipal agencies unless the contract has been awarded through an open and public process, are not applicable here. The Petitioner is not contracting with a local police agency to provide self-defense training for compensation; he is leasing space from that agency to provide a training seminar offered by his business to local and out-of-state law enforcement officials. Also, Commission Regulation 5009 does not bar him from providing complimentary training slots to the hosting law enforcement agency since the gift is to the agency, not to an interested law enforcement official. Moreover, there is no evidence that the Petitioner is providing the complimentary slots based on any understanding that it would influence the official action of any specific law enforcement official, thereby implicating the provisions of R.I. Gen. Laws § 36-14-5(I).

A person subject to the Code of Ethics may not use his public employment or confidential information received through his public employment to obtain financial gain for himself or for a business that he represents. R.I. Gen. Laws § 36-14-5(d). In addition, no person subject to the Code or any business associate of said person may enter into a contract with a municipal agency unless "the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded." R.I. Gen. Laws § 36-14-5(h). Also, R.I. Gen. Laws § 36-14-5(I) prohibits an official or any business that he or she represents from providing a gift to a public official based on an understanding or expectation that the gift would influence the official's action or judgment. Finally, Commission Regulation 36-14-5009 provides that no person subject to the Code of Ethics shall accept a gift from an "interested person." The regulation defines "interested person" as an individual or business entity "that has a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to make, or to participate in the making of, as part of his or her official duties."

Recently, the Commission issued the Petitioner an advisory opinion that advised him that the Code of Ethics did not prohibit him from operating a business that provides self-defense\use-of-force training to local and out-of-state police agencies provided that he does not improperly use his public position or public resources to benefit his business. See A.O. 98-112. The Commission also advised the Petitioner that, under the provisions of R.I. Gen. Laws § 36-14-5(h), he could only market his product to police departments in the state other than the City of Cranston if the contract for such services had been awarded through an open and public bidding process. However, the Commission advised the Petitioner that this opinion would not prevent him from soliciting or contracting with individual police officers to provide self-defense training or services. The Petitioner now asks whether this opinion would prevent him from providing training seminars to law enforcement officers who are sponsored by local police agencies if he is not paid for his services by the agencies and he compensates the agencies for the use of their facilities. The Petitioner also asks whether he may provide free training slots to a hosting law enforcement agency.

After considering the relevant provisions and previous advisory opinions, we conclude that the Code of Ethics does not prohibit the Petitioner from conducting training seminars hosted by local police agencies provided that he is not compensated by the agencies for his services and that his use of the sponsoring agencies’ facilities complies with standard policies for the use of such facilities. Here, the provisions of R.I. Gen. Laws § 36-14-5(h), which prohibits a public official from entering into a contract with a municipal agency unless the contract has been awarded through an open and public process, are not applicable since the Petitioner is not contracting with a local police agency to provide self defense training for compensation; he is leasing space for the fair market value from a law enforcement agency to provide training seminars offered by his business to local and out-of-state law enforcement officials.

Also, the Code of Ethics does not prohibit the Petitioner from providing complimentary training slots to the hosting agency. Commission Regulation 5009, the new gift regulation, prohibits the solicitation and acceptance of gifts to an interested person; this provision does not prohibit the Petitioner from providing complimentary training slots to the hosting law enforcement agency. Finally, there is no evidence that the Petitioner is providing the complimentary slots based on an understanding or expectation that it would influence the official action or judgment of any specific law enforcement official thereby implicating the provisions of R.I. Gen. Laws § 36-14-5(I).

RAD:pfb

Code Citations:

36-14-5(d)

36-14-5(h)

36-14-5(i)

36-14-5008

Related Advisory Opinions:

98-121

98-114

98-112

98-100

Keywords:

Contracts

Gifts

Private employment