Advisory Opinion No. 98-144

Re: Ray Votto

A. QUESTION PRESENTED

The Petitioner, Cranston School Committee Chairman and a Cranston mayoral candidate, municipal elected positions, through counsel requests an advisory opinion as to whether he may solicit campaign contributions from Cranston School Department employees.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Cranston School Committee Chairman and a Cranston mayoral candidate, municipal elected positions, may solicit campaign contributions from Cranston School Department employees since he is not seeking re-election to the school committee, he does not exercise direct supervisory control over school department employees on a daily basis, and he voluntarily has taken the prophylactic step of indicating he will not participate in any matters affecting school department employees during the remainder of his tenure on the School Committee. The Petitioner should refrain from taking any supervisory actions regarding school department employees during his remaining tenure of office.

A. DISCUSSION

1. Facts

The Petitioner, Cranston School Committee Chairman and a Cranston mayoral candidate, municipal elected positions, advises that he is not seeking re-election to the school committee. As a result, his term expires in a matter of months. He represents that he has no direct supervisory control over school department employees and has notified the school committee that he will take no supervisory action regarding said employees during his remaining tenure of office.

2. Analysis

Under the Code of Ethics, a public official may not have any interest which is in substantial conflict with the proper discharge of his duties or employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). Commission Regulation 5011, which became effective on July 1, 1998, prohibits individuals subject to the Code from soliciting political contributions, either directly or through a surrogate, from a subordinate over whom he or she exercises supervisory responsibilities in the course of his or her official duties. See Commission Regulation 36-14-5011. Additionally, no person subject to the Code shall solicit or accept any political contribution based on any understanding that the vote, official action or judgment of the candidate would be influenced thereby. See R.I. Gen. Laws § 36-14-5(g), (l).

The Petitioner advises that he does not exercise daily supervisory control over school department employees. That responsibility falls to the administrators in the school system. He further advises that he is not seeking re-election to the school committee. As a member of the school committee, however, the Petitioner does have the ability to affect the interests of school department employees and, in effect, exercise supervisory control over them on a matter by matter basis. In that regard, the Petitioner has notified the school committee that he will take no supervisory action regarding school department employees during his remaining months in office.

In light of the above factors, the Commission concludes that the Petitioner may solicit campaign contributions from school department employees. The Petitioner has notified the school committee that he will take no supervisory action regarding said employees during his remaining tenure of office. Accordingly, so long as he refrains from taking supervisory action during his remaining months in office, the Petitioner may solicit campaign contributions from school department employees.

The purpose of Regulation 5011 was to restrict the use of a public office to leverage solicitations for political contributions. The nature of the Petitioner’s public position, the fact that he has but months to serve in that public position, and his withdrawal from matters that might affect employees who he wishes to solicit for contributions, combine to remove his situation from within the purview of the regulation’s restrictions.

Code Citations:

36-14-5(a)

36-14-5(g)

36-14-5(1)

36-14-5011

Related Advisory Opinions:

98-125

Keywords:

Political activity

Solicitations

Transactions with subordinates