Advisory Opinion No. 2006-22

Advisory Opinion No. 2006-22

Re: Andrea M. Iannazzi

QUESTION PRESENTED

The petitioner, a Cranston School Committee member, a municipal elected position, requests an advisory opinion as to whether she may participate and vote on various issues before the School Committee involving the New England Laborers’/Cranston Public Schools Construction Career Academy, notwithstanding her father’s position as Business Manager of Local Union 1033 of the Laborers’ International Union of North America.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Cranston School Committee member, a municipal elected position, may participate and vote in the School Committee’s consideration of matters involving the New England Laborers’/Cranston Public Schools Construction Career Academy, provided that such matters would not financially impact her father as Business Manager of Local Union 1033 of the Laborers’ International Union of North America.

The petitioner is an elected member of the Cranston School Committee.  She advises that her father, of whom she is a dependent as a full-time law student, is privately employed as the Business Manager of Local Union 1033 of the Laborers’ International Union of North America (LIUNA).  She informs that he is directly elected to his position by Local 1033’s membership and his compensation is derived from membership dues.  She states that he is neither appointed nor compensated by the New England Laborers (NEL).  LIUNA’s national membership is comprised of nine regions and the NEL oversees local memberships in all of the New England states, as well as parts of New York.

In partnership with the NEL, the Cranston Public Schools (CPS) formed the NEL/CPS Construction Career Academy (the ConstructionAcademy), a charter school for students in grades 9-12 to explore career options in the construction trades and environmental sciences.  The ConstructionAcademy is governed by R.I. Gen. Laws §§ 16-77-1 et seq., and through a charter approved by the Rhode Island Department of Education.  The petitioner informs that funding for the ConstructionAcademy is based upon a formula, with the State, the NEL and CPS all contributing to student education. 

The petitioner advises that 130 students currently attend the ConstructionAcademy and the State Board of Regents approved a plan to increase enrollment over a five year period to 245 students.  Due to budget constraints, an amendment has been proposed to freeze student population for the 2006-2007 academic year.  The petitioner indicates that no members of her family attend or plan to attend the ConstructionAcademy, which is open to all Cranston residents.  She inquires whether she may participate and vote on the School Committee’s consideration of various issues involving the Construction Academy, including the following: 1) budget amendments to cap, reduce or freeze growth of the student population; 2) budget amendments to charge the NEL administrative fees for services administered by CPS; 3) policies, curricula, or field trip requests affecting students attending the Construction Academy; and 4) personnel issues involving CPS employees who work at the Construction Academy.

Under the Code of Ethics, the petitioner may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties and employment in the public interest. R.I. Gen. Laws § 36-14-5(a).  The petitioner will have an interest in substantial conflict with her official duties if she has reason to believe or expect that a “direct monetary gain” or a “direct monetary loss” will accrue, by virtue of her official activity, to herself, a family member, a business associate, or any business by which she is employed or which she represents.  R.I. Gen. Laws § 36-14-7(a).   R.I. Gen. Laws § 36-14-5(d) prohibits the petitioner from using her public position or confidential information received through her position to obtain financial gain, other than that provided by law, for herself, a family member, business associate, or any business by which she is employed or represents.

A public official has reason to believe or expect a conflict of interest exists when it is “reasonably foreseeable.”  The probability must be greater than “conceivably,” but it need not be certain to occur.  Commission Regulation 36-14-7001. 

The relevant provisions of the Code of Ethics, namely sections 5(a) and 5(d), do not require recusal for matters involving a family member’s employer unless it is reasonably foreseeable that the matter under consideration would financially impact the family member.  Here, the petitioner’s father is not an employee of the Construction Academy or the NEL.  Rather, he is an employee of Local 1033.  Therefore, the Commission opinions that the Code of Ethics does not prohibit the petitioner’s participation and vote in Cranston School Committee matters involving the Construction Academy, provided that that such matters would not have a direct financial impact on her father as Business Manager of Local Union 1033.  Given the petitioner’s representations that her father is not appointed by or remunerated by the NEL, it is not “reasonably foreseeable” that matters involving budget amendments relating to the student population at the Construction Academy or charging the NEL administrative fees for services rendered by CPS would result in a direct financial gain or loss to her father.

Similarly, issues relating to Construction Academy policies, curricula or field trips and personnel issues involving CPS employees who work at the Construction Academy would not have a financial impact on her father in his employment with Local 1033.   The Commission further advises the petitioner that where a matter under consideration by the School Committee would have a financial impact on her father she is required to recuse in accordance with R. I. Gen. Laws § 36-14-6.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

36-14-7001

Related Advisory Opinions :

2002-18

2000-39

99-79

99-28

99-24

98-45

98-7

Keywords:

Family: Private employment