Re: Philip M. Silva
QUESTION PRESENTED
The petitioner, a Technical Support Manager for the Department of Administration Office of Library and Information Services (OLIS), a state employee position, requests an advisory opinion as to whether he may accept private employment with his OLIS supervisor as an independent computer consultant.
RESPONSE
It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Technical Support Manager for the Department of Administration Office of Library and Information Services (OLIS), a state employee position, may accept private employment with his OLIS supervisor as an independent computer consultant, provided 1) that any inquiries regarding the availability of such employment were initiated by the petitioner; 2) that any such consultant work is performed on private time and does not involve the use of public resources; and 3) that such work does not involve the same projects or the same vendors/parties over whom he exercises supervision in his public employment.
The petitioner advises that he is seeking part-time, private employment as an independent computer consultant. He represents that one of his OLIS supervisors has various small business/corporate computer work available in the evenings. He indicates that he approached his supervisor about the possibility of obtaining such consultant work. He further advises that, although Mr. Spaziano would compensate him as a self-employed business entity, the two have not engaged in further discussions regarding such private employment.
Under the Code of Ethics, the petitioner may not have an interest or engage in any employment or professional activity 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) and 7(a). The Code further provides that the petitioner shall not engage in any employment that will impair his independence of judgment as to his official duties or employment. See R.I. Gen. Laws § 36-14-5(b). Finally, Commission Regulation 5011 prohibits individuals subject to the Code from engaging in a financial transaction, including participation in private employment or consulting, with a subordinate over whom he or she exercises supervisory responsibilities in the course of his or her official duties. See Commission Regulation 36-14-5011. However, that prohibition does not apply where the transaction is initiated by the subordinate.
The Commission concludes that the Code of Ethics does not prohibit the petitioner from accepting private employment with his OLIS supervisor as an independent computer consultant. Here, the petitioner represents that he initiated the inquiry as to the availability of private employment opportunities. Accordingly, Regulation 5011 would not prohibit such activity given its exception for transactions initiated by subordinates. However, the petitioner is reminded that any private consulting work must be performed on his own time and may not involve the improper use of public resources. Additionally, the work may not involve the same projects or parties/vendors over which he exercises supervision in his public employment.
Code Citations:
36-14-5(a) 36-14-5(b)
36-14-7(a)
36-14-5011
Related Advisory Opinions:
99-102
99-44
99-20
99-13
98-161
98-155
98-144
98-125
Keywords:
Private Employment
Transactions with Subordinates