Advisory Opinion No. 98-148

Re: Taras J. Herbowy, Ed.D.

QUESTION PRESENTED

The Petitioner, the East Providence Superintendent of Schools, a municipal employee position, requests an advisory opinion as to whether he may campaign for and solicit voter support for a bond referendum for the East Providence public schools.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the East Providence Superintendent of Schools, a municipal employee position, may campaign for and solicit voter support for a bond referendum for the East Providence public schools given that the Petitioner would derive no personal financial gain by reason of his actions.

The Petitioner advises that a bond referendum regarding the repair of and additions to various buildings within the East Providence public school system will be placed on the November 1998 ballot. Under the Code of Ethics, a public official may not participate in any matter in which he or she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his or her duties and employment in the public interest. See R.I. Gen. Laws § 36-14-5(a). The law defines “substantial conflict” as when a public official has reason to believe or expect that he or she (or a family member, business associate, or employer) will derive a direct monetary gain or suffer a direct monetary loss by reason of his or her official activity. See R.I. Gen. Laws § 36-14-7(a).

The Commission concludes that the Petitioner’s efforts to solicit support for a school bond issue would not constitute a substantial conflict of interest since he would derive no personal financial gain by reason of his actions. Here, the Petitioner clearly would be acting in his role as an advocate for the public school system. Any possible benefit resulting from his actions would accrue directly to the school system and not to the Petitioner. Therefore, consistent with the Code of Ethics he may campaign for and solicit voter support for the school bond referendum.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

98-64

98-27

Keywords:

Financial interest