Advisory Opinion No. 97-16

Re: Andrew A. Thomas, Esq.

QUESTION PRESENTED

Whether and to what extent the Code of Ethics imposes restrictions on attorneys appointed as legal counsel to the elected school committee in the City of East Providence representing private clients before the East Providence City Council and Zoning Board given that 1) the petitioners are appointed to the position of legal counsel by the School Committee, 2) the petitioners have no involvement with the City Council or the Zoning Board as part of their public responsibilities on behalf of the School Committee, except to represent the interests of the school committee before the Council, and 3) the City Solicitor, who is totally independent of the petitioner, acts as the legal advisor to the City Council and the Zoning Board.

RESPONSE

The Code of Ethics prohibits public officials and employees from taking any official actions that are likely to have a direct financial or monetary impact on themselves or on a family member or business associate. It also prohibits public officials from acting where they have an interest in substantial conflict with their duties and responsibilities in the public interest. Finally, the Code prohibits public officials from appearing before their own agency or before an agency over which they exercise jurisdictional or fiscal control. Here, the law firm of Silva & Associates is the appointed legal counsel for the East Providence School Committee, appointed to that position by the School Committee. Their duties as legal counsel do not include acting on behalf of the City Council or the Zoning Board in any official capacity, nor do they otherwise exercise any control or authority over those entities. As such, the representation of private clients before the City Council or the Zoning Board does not in and of itself implicate any provisions of the Code of Ethics.

If and when, however, representation of private clients before the City Council, Zoning Board, or other public agency within the City of East Providence touches upon issues or parties whose interests may be affected by actions of the School Committee, other provisions of the Code of Ethics might be implicated and, in such instances, further advisory opinion requests tailored to particular factual situations may be warranted.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

36-14-5(e)

36-14-5008

Related Advisory Opinions:

96-88

95-18

Keywords:

private employment