Advisory Opinion No. 95-47

Re: William D. Falcone

A. QUESTION PRESENTED

The Staff Director of the Rhode Island Water Resources Board requests an advisory opinion as to whether he may serve, as an ex-officio member, on the Town of Burrillville's water supply study committee.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Staff Director of the Rhode Island Resources Board will not violate the Code of Ethics if he simultaneously serves as an ex-officio member of a water supply study committee being organized by the Burrillville Town Council. In view of the fact that the petitioner was asked to provide technical assistance to said committee as a representative of the Rhode Island Water Resources Board in a non-voting capacity, this Commission finds that this duality of status does not constitute a conflict of interest.

However, Mr. Falcone is cautioned not to participate in or influence matters affecting the interests of the Rhode Island Water Resources Board that appear before the Town of Burrillville water supply study committee. He is further cautioned that it may be necessary for him to refrain from participating in any way or influencing any matters related to the Town of Burrillville in the event such matters appear before the Rhode Island Water Resources Board.

C. DISCUSSION

1. Facts

William D. Falcone, Staff Director of the Rhode Island Water Resources Board, requests an advisory opinion as to whether he may serve as a member, in an ex-officio capacity, on a water supply study committee being organized by the Burrillville Town Council. Mr. Falcone advises that the Rhode Island Water Resources Board is a water supply planning, financing, development, and watershed-wellhead protection agency of state government. The petitioner further advises that the Rhode Island Water Resources Board is a quasi-municipal agency with an eleven member public board.

Documents supplied by petitioner indicate that the objective of the Town of Burrillville's water supply study committee is as follows:

(a) to review the present state of the water supply and water systems available,

(b) to determine what action, if any, should be taken to ensure an adequate water supply for Burrillville's future, and

(c) to determine if adequate resources are available to provide water service to the proposed industrial park, and identify issues to be addressed if water service is to be provided.

A copy of a letter sent to Mr. Falcone from the Burrillville Town Manager indicates that the petitioner is being invited to serve on this committee as a representative of the Rhode Island Water Resources Board.

2. Analysis

At issue in this advisory opinion request is whether the Staff Director of the Rhode Island Water Resources Board would be in violation of the Code of Ethics were he to accept an ex-officio membership to a study committee being organized by the Town of Burrillville to examine the capacity of the Town's water systems to sustain proposed economic development. The Code of Ethics prohibits a public official from engaging in any activity which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest pursuant to R.I. Gen. Laws § 36-14-5(a).

The Commission finds that no violation of the Code of Ethics will arise for Mr. Falcone if he accepts an ex-officio membership with the Town of Burrillville's water supply study committee. However, when a situation arises where the interests of the Rhode Island Water Resources Board appear before the Town of Burrillville water supply study committee, Mr. Falcone should (a) advise the Burrillville Town Council, in writing, of the nature of his interest in the matter, and, (b) refrain from participating in the discussion of or influencing any such matter.

Further, it is the opinion of the Commission that it may be necessary for Mr. Falcone to refrain from participating in any way or influencing any matters related to the Town of Burrillville that should appear before the Rhode Island Water Resources Board.

In a related advisory opinion, the Rhode Island Ethics Commission concluded that the Executive Director of the Narragansett Bay Water Quality Commission would not violate the Code of Ethics were he to serve as an ex-officio member of the Aqua Fund Advisory Council. Advisory Opinion 89-59. However, the Commission did advise said petitioner to refrain from participating in matters involving the interests of his employer in the event that said matters appear before the Aqua Fund Advisory Council.

Keywords

Dual Public Roles

Ex-Officio