Advisory Opinion No. 96-69

Re: Cheryl A. Skuba

QUESTION PRESENTED

A candidate for election to the Bristol Town Council, whose spouse is a teacher in the Bristol-Warren Regional School District and who herself is periodically employed by the School District as a teacher in the Continuing Education Program, asks whether under the Code of Ethics it would be necessary for her as a member of the Town Council to abstain from votes concerning Bristol's schools or otherwise limit her activities with respect to those schools.

RESPONSE

The Rhode Island Code of Ethics does not prohibit an individual from serving as a member of the Bristol Town Council because her spouse is a teacher in the regional school district that includes the Town of Bristol or because she herself periodically teaches in the district's Continuing Education Program. As a member of the Town Council, however, the petitioner could not participate in any votes or otherwise take official action in situations where she or her spouse had a direct financial interest in the action, or where her independence of judgment would be affected by her or her spouse's private employment. See R.I. Gen. Laws § 36-14-5(a), (b) and (d); see also R.I. Gen. Laws 36-14-7. The general guidelines relating to these issues are set out in section 5 of the Code of Ethics; specific situations should be addressed, however, on a case-by-case basis.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-7

Related Advisory Opinions:

GCA-1

94-29

93-64

92-58

92-53

92-38

91-30

Keywords:

candidate

nepotism

private employment