Talk about an ethical dilemma.
What happens when business conflicts prevent the majority of a town council from being able to vote on an issue?
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The folks on Block Island learned this answer this week when the Rhode Island Ethics Commission advised the New Shoreham Town Council that it can vote on a food truck ordinance despite four of its five members having conflicts that would normally require them to recuse from voting.
The ordinance under consideration would help New Shoreham conform with a state law that requires food truck operators to register with the city or town where they’re doing business, but the majority of the council has one professional interest or another involving food trucks. One runs a food truck of his own and the others are considered business associates with individuals who may seek a license from the town.
In the end, the Ethics Commission determined that the council could take a vote under the “rule of necessity,” which allows officials determined to have the least conflict to be “permitted to participate so that an important governmental function can be accomplished."
The commission determined that two of the conflicted councilors were unlikely to receive a direct financial benefit from the ordinance, so it gave them the go-ahead to vote.
It’s a good sign that the lawyers for the council even sought the advisory opinion. There are certainly some government bodies in our state that would have voted first and hoped no one was paying attention to potential conflicts.
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Now let’s hope Block Island gets a good BBQ food truck this summer.
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