Advisory Opinion No. 97-13

Re: William A. White

QUESTION PRESENTED

The Petitioner, the Chairperson of the South Kingstown Recreation Commission, a municipal appointed position, requests an advisory opinion as to whether he may continue to serve simultaneously as the volunteer Vice-President of the South Kingstown Little League where the Recreation Commission has general oversight of the youth sport leagues within the Town, including the Little League.

RESPONSE

The Code of Ethics prohibits public officials from a) taking any official action that is likely to have a direct financial or monetary impact on, among others, a business associate or any business which the official represents; and b) having an interest which is in substantial conflict with the proper discharge of the official's duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-5(d) and 36-14-7(a). A substantial conflict of interest occurs if the Petitioner has reason to believe or expect that a business associate or a business which the official represents will derive a direct monetary gain by reason of his official activity. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a).

After considering the relevant provisions of the Code of Ethics, it is our opinion that the Petitioner, the Chairperson of the South Kingstown Recreation Commission, a municipal appointed position, may continue to serve simultaneously as Vice-President of the South Kingstown Little League. However, since the Recreational Commission at times considers matters that affect the Little League (e.g., field appropriations and budgetary items), given his position as an officer of the Little League, the Petitioner should recuse himself from the Recreation Commission's consideration of any matter involving the South Kingstown Little League or any matter that directly impacts the Little League's interests, as opposed to affecting the interests generally of the various organizations involved with the Town's recreation program. See A.O. 96-54 and A.O. 95-59 (concluding that a member of a school committee must recuse himself from a vote to allow an organization to use school facilities if the member's association with the organization allowed him or her to affect the financial objectives of the organization). When recusal is necessary, the Petitioner should also notify the Recreation Commission in writing of the nature of his interest. See R.I. Gen. Laws § 36-14-6.

Code Citations:



36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:



97-5

96-54

95-59

95-43

Keywords:



business interest

recusal