Advisory Opinion No. 98-165

Re: Maureen Cotter

QUESTION PRESENTED

Petitioner, a newly elected member of the South Kingstown School Committee, requests an advisory opinion as to whether she may continue to serve as a substitute teacher at South Kingstown High School for the remainder of the school year ending June, 1999.

RESPONSE

The Code of Ethics does not prohibit Petitioner, an elected member of the South Kingstown School Committee (the “School Committee”), from continuing to serve as a substitute teacher at South Kingstown High School for the remainder of the academic year ending in June, 1999. As a substitute teacher who is paid on a per diem basis, Petitioner is not an employee of the South Kingstown Schools and, thus, does not occupy dual public roles. See R.I. Gen. Laws § 36-14-2002. Further, the School Committee does not decide or influence whether Petitioner or other substitute teachers are chosen to serve as substitutes on any given day. However, under R.I. Gen. Laws §§ 36-14-5(a) and 7(a), Petitioner should recuse from any matters which could affect her personally or her interests as a substitute teacher for the Town. See A.O. 95-72 (candidate for Newport School Committee also employed by school department would not violate Code provided he did not participate in matters directly affecting him or his interests). Petitioner is advised further that she may not accept reappointment as a substitute teacher or appointment to any other paid position from the School Committee for the next academic year or for one year after termination with the School Committee. See R.I. Gen. Laws §§ 36-14-5(e) and 36-14-5006; see also A.O. 98-83 (member of East Greenwich School Committee could accept position as coach if he regained position through lawsuit; however, he could not accept reappointment from School Committee).

Code Citations:

36-14-5(a)

36-14-5(e)

36-14-7(a)

36-14-5006

Related Advisory Opinions:

98-83

95-72

Keywords:

Dual public roles

Prospective employment