Advisory Opinion No. 98-153

Re: James C. Goncalo

QUESTION PRESENTED

The Petitioner, the Tiverton Budget Committee Vice Chairperson, a municipal elected position, requests an advisory opinion as to whether he may accept appointment from the Tiverton Town Council as the Town Administrator if he resigns his position with the Budget Committee.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the Tiverton Budget Committee Vice Chairperson, a municipal elected position, may accept appointment from the Town Council to the position as the Town Administrator if he resigns his position with the Budget Committee. Under the Code of Ethics, a public official may not represent himself or any other person before his municipal agency and for a period of one year after leaving municipal service. See R.I. Gen. Laws § 36-14-5(e). Also, Commission Regulation 5006 prohibits an elected or appointed official from accepting any appointment by the body of which he or she is a member to any position which carries with it any financial benefit or remuneration. The prohibition extends for one year after the termination of an official's membership of the public body.

Here, the Town Council, not the Budget Committee, is responsible for appointing candidates to the position of Town Administrator. The Budget Committee has no involvement in the process. Therefore, it is not necessary for the Petitioner to appear before that Committee regarding his appointment to the Town Administrator position. As such, his appointment will not implicate the prohibitions set forth in R.I. Gen. Laws § 36-14-5(e) and Commission Regulation 5006. The other "revolving door" prohibitions in the Code, R.I. Gen. Laws §§ 36-14-5(n), (o) and Commission Regulation 5007 restrict other or subsequent employment or appointment for state officials; these prohibitions do not extend, however, to municipal officials. Therefore, the revolving door prohibitions of the Code do not bar this proposed appointment.

Code Citations:

36-14-5(e)

36-14-5006

Related Advisory Opinions:

98-83

97-42

97-26

97-17

96-119

96-102

96-59

96-11

Keywords:

Post employment

Revolving door