Advisory Opinion No. 95-6

Re: Thomas J. McAndrew, Esq.

Pursuant to a letter dated November 22, 1994, from Thomas J. McAndrew, Esq.:

  1. Mr. McAndrew represents Jean Stenhouse. Mrs. Stenhouse formerly served as Chairperson of the Westerly School Committee.
  2. Mrs. Stenhouse served on the School Committee in a non-paid status for 12 years. During a portion of that period she served as Chairperson of the Committee. During her tenure the Westerly High School established a partnership with the local business community and devised a program entitled "School to Work" intended to bridge students from the classroom to the work place.
  3. During Mrs. Stenhouse's tenure on the School Committee, she supported and voted for the School to Work program.
  4. Mrs. Stenhouse has now been offered a part-time liaison position working six to eight hours per week for the Walmart Company. Her position would be as liaison between the Walmart Company and the Westerly School System in connection with the "School to Work" program.
  5. The position offered to Mrs. Stenhouse is available to her immediately, and less than 12 months have expired since the termination of her position as a member of the School Committee.
  6. Mr. McAndrew requests advice as to whether Mrs. Stenhouse may accept the employment from Walmart or whether said employment is prohibited under the Code of Ethics.

This Advisory Opinion is addressed to Thomas J. McAndrew, attorney-at-law. McAndrew advises that he represents Mrs. Jean Stenhouse. Mrs. Stenhouse served as the Chairperson of the Westerly School Committee and has recently left that position.

While Mrs. Stenhouse served as a member and Chair of the School Committee, she supported a program known as "School to Work," intended to bridge students from the classroom to the work place. The program is sponsored by corporate entities and the School Committee does not provided resources or economic support for the program.

Mrs. Stenhouse has been offered private employment by a local business to serve as a liaison between that business and the Westerly School System in connection with the School to Work program. Mr. McAndrew requests advice as to whether the position offered to Mrs. Stenhouse may be accepted within one year of her former service as Chair of the School Committee.

Upon review of the Code of Ethics and regulation, we conclude that the employment by Mrs. Stenhouse by the private business is not prohibited under Regulation 36-14-5006. That regulation prohibits employment by the body of which an individual was a member until one year after termination of membership. In this case her employment by a private business is not prohibited under that regulation.

We do advise Mrs. Stenhouse that under the prohibited activities section of the Code of Ethics, R.I. Gen. Laws § 36-14-5(e), no individual may represent any other person or act as an expert witness before a body of which he or she was a member within one year after termination of the position. We therefore advise Mr. McAndrew that although Mrs. Stenhouse may accept the employment, she may not appear before the School Committee as a representative of the business enterprise until one year after the termination of her position as a member of that School Committee.

Keywords

Post Employment

Acting as Agent