Advisory Opinion No. 95-73

Re: Frank A. Rendine

A. QUESTION PRESENTED

Whether Frank A. Rendine, in his official capacity as Director of Zoning and Code Enforcement for the City of Pawtucket, may participate in a fund raising activity by soliciting pledges or donations from local businesses or persons with whom he may come into contact in the course of his official duties.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit Mr. Rendine from partaking in the "Fournier Jeep Eagle Most Wanted Lock Up", or from soliciting donations or pledges from personal contacts on his personal time. The Code does prohibit him from conducting personal business on City time, and from soliciting pledges or donations from local businesses or persons with whom he may come into contact in the course of his official duties. Furthermore, if a situation arises where he must exercise discretion in a matter involving an individual or entity that had been solicited, whether or not the individual or entity actually made a contribution, he should seek another advisory opinion before exercising his authority.

C. DISCUSSION

1. Facts

Mr. Frank A. Rendine is the Director of Zoning and Code Enforcement for the City of Pawtucket. A Program Coordinator for the Muscular Dystrophy Association has asked Mr. Rendine to participate in a fund raiser entitled the "Fournier Jeep Eagle Most Wanted Lock Up". The event is scheduled to be held on Thursday, August 10, 1995. Mr. Rendine will be "arrested" at 9:00 a.m., in his official capacity as Director of Zoning and Code Enforcement, and will subsequently be "held" for one hour. He will be on City time for the duration of this episode.(1)

During his hour of "incarceration", Mr. Rendine's goal is to call people he sees daily (i.e. co-workers, neighbors etc.) in order to attempt to raise $1,000 "bail" so that he may be released from "jail". Mr. Rendine has indicated that he may solicit local businesses or people who recognize him in his official capacity. Any and all money which Mr. Rendine is able to solicit by way of pledge or donation will be forwarded to the Muscular Dystrophy Association.

2. Analysis

At issue in this advisory request is whether, under the Code of Ethics, Mr. Rendine may participate in a fund raising activity by soliciting pledges or donations from local businesses or persons with whom he may come into contact during the course of his official duties. It is the policy of the State of Rhode Island that public officials must avoid the appearance of impropriety, and not use their position for private gain. See R.I. Gen. Laws § 36-14-1. Under the Code of Ethics, a public official is prohibited from having an interest, financial or otherwise, direct or indirect, or engage in any transaction or [activity], or incur any obligation, which is in substantial conflict with the proper discharge of his or her duties. See R.I. Gen. Laws § 36-14-5(a). A public official may not solicit or accept a gift or certain contributions with the understanding that the official's vote, official action, or judgment would be influenced thereby. See R.I. Gen. Laws § 36-14-5(g).

After considering the issue, the Commission concludes that Mr. Rendine may partake in the "Fournier Jeep Eagle Most Wanted Lock Up" in his capacity as a private citizen, and on his own personal time. The Code prohibits him from conducting personal business on City time, and from soliciting pledges or donations from local businesses or persons with whom he may come into contact in the course of his official duties.

In reaching this conclusion, the Commission is guided by past advisory opinions which have demonstrated a concern about the propriety of public officials, in their official capacity, soliciting contributions for non-profit enterprises. See A.O. 94-54 (prohibiting the Chairperson for the Rhode Island Council on the Arts from soliciting donations from the private sector on behalf of individual arts organizations as well as on behalf of the Council itself; instead, the Commission limited fund-raising efforts to solicitations directed towards the Council, with particular designation only at the discretion of the contributor); A.O. 94-09 (prohibiting the Assistant Manager at the Field Point Wastewater Treatment Facility for the Narragansett Bay Commission from raising funds for a non-profit organization, where the fund-raising involves soliciting from business entities with which he is connected through the awarding of public contracts). Contrast with A.O. 95-42 (permitting the Mayor of Pawtucket to issue letters of solicitation to local businesses that do business with the City to help fund several public projects, provided that there is broad based solicitation of such letters, and not just to individuals or entities currently doing business with the City).

A review of the relevant facts gives no indication that Mr. Rendine's solicitations would constitute the use of his office to obtain financial gain for himself, all of the donations being earmarked for the Muscular Dystrophy Association. However, solicitation for contributions may generate an expectation, however false, explicit or implicit, of a return favor. Such a suggestion in itself creates an appearance of impropriety. Mr. Rendine has a duty to maintain a professional distance from local businesses and people who recognize him in his official capacity. Furthermore, fund-raising activities for a private organization on official City time is in conflict with the proper discharge of his duties.

Although concluding that the Code does not prohibit Mr. Rendine from soliciting donations or pledges from personal contacts on his personal time, we advise him that if a situation arises where he must exercise discretion in a matter involving an individual or entity that had been solicited (for example, a vote involving whether such an individual should be granted a zoning change), even if the individual or entity did not make a contribution, in order to avoid any appearance of impropriety, he may choose to seek another advisory opinion to address whether he may properly exercise that authority.

Footnotes

(1)In response to a telephone inquiry from this office, the office of John T. Gannon indicated that Mr. Rendine will not be using personal time, but rather, he intends to participate in the fund-raising event on City time.

Keywords

Donations

Solicitations

Vendors