Advisory Opinion No. 97-105

Re: Donald Houle

QUESTION PRESENTED

The Petitioner, Central Falls Housing Director, a municipal appointed position, requests an advisory opinion as to whether he may be appointed and paid as a guardian to a person and estate by the Central Falls Probate Court.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Central Falls Housing Director, a municipal appointed position, may be appointed as a guardian to a person and estate by the Central Falls Probate Court under the Code of Ethics so long as the work performed by the Petitioner is done on his own time and does not use public resources. The appointment is not a substantial conflict of interest with the Petitioner's duties since he does not exercise any sort of fiscal or jurisdictional control over the Probate Court or vice versa. R.I. Gen. Laws §36-14-5008, nor does his position as Housing Director otherwise enable him to exercise any influence over the selection process for a guardian. Additionally, the revolving door provisions in the Code of Ethics are not implicated since he is not a state official nor is he appearing or being employed by his own agency. See R.I. Gen. Laws 36-14-5(e), (n) & (o) and Regulation 36-14-5006.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(e)

36-14-5(n)

36-14-5(o)

36-14-5006

36-14-5008

Related Advisory Opinions:

97-42

97-31

97-16

96-1

Keywords:

Private employment

Revolving door