Advisory Opinion No. 98-164

Re: J. Timothy O’Reilly

QUESTION PRESENTED

The petitioner, a member of the Convention Center Authority (Authority) Board of Trustees and its Chairperson, a state appointed position, requests an advisory opinion as to whether he may seek reimbursement from the Authority for costs of meals at which he hosted representatives of vendors who do business with the Authority at a restaurant for which he is the President and CEO.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Convention Center Authority (Authority) Board of Trustees Chairperson, a state appointed position, may not seek reimbursement from the Authority for costs of business meals that he hosted at a restaurant for which he serves as President and CEO. The petitioner hosted the meals, which involved representatives of vendors that do business with the Authority in his capacity as Chair of the Authority. Under the Code of Ethics, the petitioner may not have a substantial conflict with the proper discharge of his duties in the public interest. A person subject to the Code of Ethics has a substantial conflict if he/she has reason to believe or expect that he/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 §§ 36-14-5(a), 36-14-7(a). The Code of Ethics, R.I. Gen. Laws § 36-14-5(d), also prohibits the petitioner from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law, for himself, an employer, a business associate, or a member of his family.

The petitioner is the President and CEO of a company that owns several restaurants and a hotel. The Code of Ethics requires that that private business interest be kept separate from his public duties and responsibilities. Therefore, the petitioner may not use public funds, whether directly or by reimbursement, to pay for business meals that he (the petitioner) chose to host at a restaurant in which he has a financial interest.

Code Citations:

36-14-5(1)

36-14-5(d)

Related Advisory Opinions:

95-90

Keywords:

Business interest

Meals