Advisory Opinion No. 98-158

Re: Charles M. Mauti

QUESTION PRESENTED

The petitioner, the West Warwick Building Official, a municipal appointed position, requests an advisory opinion as to whether he and his spouse may purchase private property located in a municipal redevelopment area that is subject to participation in a town tax incentive program.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, the West Warwick Building Official, a municipal appointed position, and his spouse may purchase private property located in a municipal redevelopment area that is subject to participation in a town tax incentive program.

The petitioner advises that he and his spouse, in response to a public advertisement, wish to purchase private property located in a municipal redevelopment area. He represents that property owners in the redevelopment area may submit applications to the Tax Assessor for participation in a town tax incentive program. The Tax Assessor approves applications based upon established criteria. The petitioner indicates that he has no involvement with either the Tax Assessor’s office or the tax incentive program. He further advises that he and his spouse do not intend to participate in the program.

Under the Code of Ethics, a public official may not participate in any matter in which he has an interest, financial or otherwise, that is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Further, a public official may not use his public office or confidential information received through his office to obtain financial gain, other than that provided by law, for himself, a family member, a business associate or an employer. See R.I. Gen. Laws § 36-14-5(d).

Here, the real estate at issue is private, not municipal, property. Although the petitioner and his spouse do not presently intend to participate in the tax incentive program, it is open to all property owners who meet criteria established by the Tax Assessor. The petitioner does not possess discretionary authority regarding the tax incentive program, nor is he in any way involved with the application or approval process for the program. As a result, he does not have an opportunity to act in his official capacity to affect his own financial interests with regard to the purchase of this property. See R.I. Gen. Laws § 36-14-5(d).

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

98-65

98-22

96-83

96-59

95-105

90-55

Keywords:

Discretionary authority

Property interest