Community Activist and Lawyer Prohibited From Serving on Providence Police Review Board, Says Ethics Commission

Community Activist and Lawyer Prohibited From Serving on Providence Police Review Board, Says Ethics Commission

The Rhode Island Ethics Commission has ruled that a lawyer recently appointed to the Providence External Review Authority (PERA) is “prohibited by the Code of Ethics from serving” on the body. 

Community activist Shannah Kurland - who in 2024 received a $142,000 settlement from the City of Providence relating to an arrest in 2015 - is the most recently appointed PERA board member, which "serves as a civilian oversight body that investigates allegations of police misconduct."


“[Kurland], a new board member of the Providence External Review Authority (PERA), a municipal appointed position, who in her private capacity is a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police  Department and its officers, requests an advisory opinion regarding whether she is prohibited by the Code of Ethics from serving on PERA, given her private employment,” said the Ethics Commission in their advisory opinion issued this week. 

 

The Commission continued: 

“It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a new board member of the Providence External Review Authority (PERA), a municipal appointed position, who in her private capacity is a licensed attorney who regularly represents clients in civil cases alleging misconduct against the Providence Police Department and its officers, is prohibited by the Code of Ethics from serving on PERA, given her private employment, because the nexus between the Petitioner’s public duties and her private employment is too close,” said the Commission. 

“Additionally, the Petitioner’s private work as an attorney who brings civil actions on behalf of clients alleging misconduct by the Providence Police  Department and its officers is an area over which PERA has decision-making jurisdiction. The totality of the facts as represented indicate that the Petitioner’s private work would  impair her independence of judgment with regard to her public duties.”


Attempt to Serve on Board

The Ethics Commission noted that Kurland was prepared to make the following accommodations to serve on the board.

“[Kurland] states that in the event that the Code of Ethics does not prevent her simultaneous service on PERA’s board and her private work as an attorney representing clients alleging police misconduct by the Providence Police Department and/or its officers, she will represent those clients outside of her normal municipal service hours for PERA  without the use of public resources, avoid appearing before PERA as part of her representation of clients suing the Providence Police Department and its officers, and not use her public position as a member of PERA’s board to solicit clients for herself or her business associates,” said the Ethics Commission. 

“She further states that she is prepared to do the following: (1) not accept new clients who have an open case with PERA or who had an open case with PERA during her tenure on PERA’s board; (2) counsel new clients against duplicating their civil litigation efforts by filing a complaint with PERA; (3) recuse from participation in all  PERA matters in which an attorney from her firm appears; (4) recuse from all PERA  matters involving an officer who is a party or witness in a pending civil case that she or an attorney from her firm filed or is otherwise involved in; (5) recuse from all PERA matters involving a person who is a witness in a pending civil case that she or an attorney from her firm filed or is otherwise involved in; and (6) refrain from disclosing confidential information acquired during the course of her service as a PERA board member to her clients, colleagues, or others,” the commission continued. 

The Commission, in its opinion, rejected Kurland’s appeal. 

“It is the opinion of the Ethics Commission that the nexus between the Petitioner’s public duties and private employment is too close to be sufficiently mitigated by the Petitioner’s recusal from the PERA matters enumerated herein,” said the Ethics Commission. “Petitioner’s multiple required recusals from performing essential duties in both her public and private positions serve only to highlight the inherent conflicts of interest embedded in serving in both capacities.”

Kurland and the Providence City Council did not respond to a request for comment at the time of publication; specifically, Kurland did not answer whether or not she will be stepping down from the board.