Advisory Opinion No. 98-168

Re: Albert J. Tycks

QUESTION PRESENTED

The petitioner, a pharmacist employed at the Eleanor Slater Hospital, a state employee position, requests an advisory opinion as to potential conflicts of interest if he receives an appointment to the Town of Lincoln Sewer Commission Appeals Board, a municipal appointed position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a pharmacist employed at the Eleanor Slater Hospital, a state employee position, may accept an appointment to the Town of Lincoln Sewer Commission Appeals Board without violating the Code of Ethics. Under R.I. Gen. Laws § 36-14-5(b), a person covered by the Code of Ethics may not accept employment that would impair his/her independence of judgment or require him/her to disclose confidential information. Here, the petitioner's responsibilities as a pharmacist do not involve any issues or matters relating to the Town of Lincoln Sewer Commission Appeals Board. Likewise, the hospital at which he is employed is located in the City of Cranston, which means it is inconceivable that matters relating to it would come before the Appeals Board in Lincoln. Therefore, there is no indication that serving in that municipal appointed position while working as a state employee would impair the petitioner's independence of judgment as to his public responsibilities. Nor is there any indication that the simultaneous service in and of itself creates a substantial conflict with respect to carrying out duties in the public interest.

In the event, however, that a matter should come before the petitioner as a member of the Town of Lincoln Sewer Commission Appeals Board that would directly affect his employer, the Eleanor Slater Hospital, or himself he should follow the recusal sections of the Code of Ethics.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

98-21

97-80

96-9

96-12

95-88

95-39

Keywords:

Dual public roles