Advisory Opinion No. 97-12

Re: Stephen E. Lane

QUESTION PRESENTED

The Petitioner, a Tiverton Town Councilor, a municipal elected position, requests an advisory opinion as to whether he may introduce, discuss or vote on an ordinance requiring registration of underground storage tanks within the town given that his private business is as a heating contractor.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Tiverton Town Councilor, a municipal elected position, may discuss and vote on an ordinance requiring registration of underground storage tanks. This opinion is based on the Petitioner's representations that his business does not involve testing or repair of underground storage tanks and otherwise is unrelated to the ordinance at issue. Therefore, the Petitioner has no direct or indirect financial interest that might be affected by the ordinance.

Additionally, the ordinance merely requires registration, not testing. As such, participating in the discussion or vote of this ordinance does not represent a substantial conflict of interest nor should it affect the Petitioner's independence of judgment as a Tiverton Town Councilor. The Commission notes, however, that the Petitioner has already introduced the ordinance. This advisory opinion does not extend to that past conduct.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

96-66

95-50

93-16

93-14

Keywords:

business interest

private employment