Advisory Opinion No. 2007-3 Advisory Opinion No. 2007-3 Re: Bruce Picard QUESTION PRESENTED: The petitioner, a Charlestown Town Council member, a municipal elected position, requests an advisory opinion regarding his ability to retain his part-time employment as a custodian at the Charlestown Senior Center, a municipal employee position which he held prior to his election to the Town Council. RESPONSE: It is the opinion of the Rhode Island Ethics Commission that the petitioner, a Charlestown Town Council member, may retain his part-time employment as a custodian at the Charlestown Senior Center, a municipal employee position which he held prior to his election to the Town Council. The petitioner advises that he was elected to the Charlestown Town Council in November 2006. He has been employed as a custodian at the Charlestown Senior Center on a part-time basis since April 2000. He states that he was hired by the Charlestown Senior Association, a non-profit entity which was responsible for all of the Senior Center’s operations. The petitioner represents that in June 2003 the Town took over all of the Senior Center’s operations. He informs that he worked a total of fifteen (15) hours weekly at an hourly pay rate of $8.30 at the time of his election. He seeks guidance from the Commission as to whether he may continue in his part-time employ with the Senior Center. Pursuant to Commission Regulation 5006, Employment from Own Board, no elected or appointed official may accept any appointment or election that requires approval by the body of which he or she is or was a member, to any position which carries with it any financial benefit or remuneration while a member of the body and for a period of one (1) year after termination of membership on said body, unless the Ethics Commission shall give its approval of such appointment. Newly adopted Commission Regulation 36-14-5014, Municipal Official Revolving Door, takes effect on February 1, 2007. It provides that no municipal elected official “shall seek or accept” employment with any municipal agency in which said official serves, “other than employment which was held at the time of the official’s election or appointment to office.” See Regulation 5014 (a). Regulation 5006 prohibits the petitioner from accepting any appointment or election that requires the Town Council’s approval to any compensated position while serving on the Council and for one (1) year thereafter. The prohibition does not bar the petitioner’s continuation in his current Senior Center employment, given that he was hired by the Senior Association in 2000, prior to both the Town’s assumption of responsibility for Senior Center operations and his election to the Town Council. See A.O. 2002-21 (concluding, inter alia, that since petitioner’s service as Director of after school dance programs precedes her election to the Johnston School Committee, she may continue to serve in said positions without running afoul of the Code of Ethics). Accordingly, Regulation 5006 does not prohibit the petitioner’s continued employment by the Senior Center, although it does prohibit his acceptance of any further compensated employment that would require the Town Council’s approval. Similarly, the petitioner’s continued part-time employment at the Senior Center would not run afoul of Regulation 5014. Based upon the clear language of section a, he may continue in the part-time custodial employ that he has held for a period of over six (6) years prior to his election to office. However, the regulation would prohibit the petitioner from seeking or accepting another position at the Senior Center, or with any other municipal agency in the Town of Charlestown, during his tenure on the Town Council and for a period of one (1) year thereafter. Further, the Commission cautions the petitioner that the Code of Ethics prohibits his participation in Town Council matters involving the Senior Center that would impact his part-time employment. See R.I. Gen. Laws §§ 36-14-5(a) and 5(d). As such, the petitioner should either recuse from participation and vote on such matters or seek further guidance from the Commission. Notice of recusal should be filed with the Town Council and the Commission in accordance with R.I. Gen. Laws § 36-14-6. Finally, the petitioner is advised that this opinion solely addresses whether the Code of Ethics prohibits his continued part-time municipal employ. It does not, and cannot, address whether any other statute, charter, ordinance, ruling or policy prohibit such conduct. The Ethics Commission does not exercise jurisdiction over those other provisions of law and, therefore, is not empowered to issue advisory opinions addressing or interpreting their effect. Code Citations : 36-14-5(a) 36-14-5(d) 36-14-5006 36-14-5014 Related Advisory Opinions : 2006-33 2004-36 2003-65 2002-62 2002-21 2001-53 2001-3 97-17 Keywords : Dual Public Roles Private Employment Revolving Door