Advisory Opinion No. 98-171

Re: Kenneth C. D’Ambrosio

QUESTION PRESENTED

The North Kingstown Town Solicitor requests an advisory opinion on behalf of the petitioner, a North Kingstown Town Councilor, a municipal elected position, who is also employed by the Rhode Island Economic Development Corporation (RIEDC), as to whether he may participate in a Town forum regarding the development of Quonset Point and the formulation of the Town's recommendation on the matter which would be submitted to the Stakeholders Group.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a North Kingstown Town Councilor, a municipal elected position, who also is also employed with the Rhode Island Economic Development Corporation (RIEDC), may participate in a Town forum regarding the development of Quonset Point and the formulation of the Town position on the matter which is submitted to the Stakeholders Group.

The Commission previously advised the petitioner to recuse as a member of Town Council in matters where the interests of RIEDC are implicated. A.O. 98-87 Since that opinion was issued, the petitioner has resigned his position as a Quonset/Davisville Management Corporation (QDMC) Board Member.

Under the Code of Ethics, a public official may not accept other employment that would impair his/her independence of judgment as to his/her official duties or require him/her to disclose confidential information. See R.I. Gen Laws §§ 36-14-5(b) and (c). Additionally, a public official cannot have a substantial conflict of interest with his/her public duties such that he/she has a reason to believe or expect that he/she, family, employer, business associate, or a business that he/she represents will receive a direct monetary gain or suffer a direct monetary loss by reason of his/her official activity. See R.I. Gen. Laws § 36-14-36-14-5(a), 7(a).

This particular request concerns a Town Councilor participating in a public forum where citizens will express their views and concerns about the pending development proposals to the Town Council. The Town Council will then formulate a position on the proposals and advise the Stakeholders Group. (The Stakeholder's Group is a collaboration of public and private entities evaluating the development proposals for Quonset Point.) At that point, the Stakeholders Group will make a recommendation to the Governor, who makes the decision on the development at Quonset Point. In other words, a number of independent, intervening steps would need to be taken before anyone, including the petitioner or his employer, the RIEDC, were affected. This situation, therefore, is distinguishable from that addressed by the Supreme Court in Celona v. Rhode Island Ethics Commission, 544 A.2d 582, 586 (R.I. 1988). There, the Court held that the members of the North Providence Town Council violated the Code of Ethics when they enacted a preliminary resolution granting themselves $100 in monthly expense money. Although the resolution required final approval by the General Assembly, the Court found that the Council members had reason to believe or expect that the passage of a resolution would result in a personal financial benefit since the General Assembly generally adopted verbatim resolutions to amend a Town Charter.

However, the petitioner is advised that the rationale of this opinion is limited to participating in the public forum and the formation of a recommendation to be forwarded to the Stakeholder's Group. This opinion would not apply if the Council is required to take action on a proposal regarding the development of Quonset Point after the Stakeholders Group and/or Governor makes a decision since the Council's action at that time may impact his own or his employer's interest. R.I. Gen. Laws §§ 36-14-5(a), 5(b), 5(c) and 5(d). The petitioner, therefore, is cautioned that, should the Council consider anything beyond its recommendations to the Stakeholder's Group regarding the development of Quonset Point, he should either recuse or seek additional guidance from this Commission. Notice of recusal should be filed with the Town Council and with the Ethics Commission. R.I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(c)

36-14-5(d)

36-14-7(a)

Related Advisory Opinions:

98-82

Related Case Law:

Celona v. Rhode Island Ethics Commission, 544 A.2d

582, 586 (R.I. 1988)

Keywords:

Dual public roles