Advisory Opinion No.2004-6

Re: The Honorable Susan A. Story

QUESTION PRESENTED

The petitioner, a member of the Rhode Island House of Representatives, a state elected position, requests an advisory opinion regarding whether her spouse’s employment by Memorial Hospital of Pawtucket prohibits or limits her service as a member of the General Assembly’s Permanent Joint Committee on Health Care Oversight.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner's service as a member of the General Assembly's Permanent Joint Committee on Health Care Oversight solely by reason of her spouse's employment with Memorial Hospital of Pawtucket. Although her service on the Committee is not prohibited, the petitioner may be required to recuse from participation in particular matters if it is reasonably foreseeable that her spouse will derive a direct financial gain or suffer a direct financial loss by reason of her activity.

The petitioner is a member of the Rhode Island House of Representatives. She represents that she was recently appointed to the Permanent Joint Committee on Health Care Oversight, a joint committee of the General Assembly formed by the Speaker of the House and President of the Senate. The charge of the Oversight Commission, according to a press release issued by the office of the Speaker of the House, is “to monitor, study, report and make recommendations on all areas of health care provision, insurance, liability, licensing, cost and delivery of services, and the adequacy, efficacy and efficiency of statutes, rules, regulations, guidelines, practices, and programs related to health care, long term care or health insurance coverage in Rhode Island.”

The petitioner's spouse is employed by Memorial Hospital of Pawtucket in its Information Services Department. In this employment, the petitioner's spouse is primarily responsible for computer networking and systems design. He is not an officer or director of the Hospital, nor is he involved in its management.

Pursuant to the Code of Ethics, the petitioner may not participate in any matter in which she has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of her duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest occurs if it is reasonably foreseeable that the petitioner or any family member or business associate, or any business by which she is employed, will derive a direct monetary gain or suffer a direct monetary loss by reason of her official activity. R.I. Gen. Laws § 36-14-7(a). Further, she is prohibited from using her public position or confidential information received through her position to obtain financial gain, other than that provided by law, for herself, a business associate, an employer or a family member. R.I. Gen. Laws § 36-14-5(d).

Based upon the petitioner's representations, there does not appear to be any indication that she or her spouse stands to be financially impacted solely by reason of her membership on the Permanent Joint Committee on Health Care Oversight. For that reason, the petitioner's membership on the Committee is not prohibited by the Code of Ethics. Without representations as to particular matters pending before the Committee, the Commission is unable to opine as to specific instances requiring the petitioner's recusal from participation. The petitioner is required to recuse from participation in particular matters if it is reasonably foreseeable that her spouse will derive a direct financial gain or suffer a direct financial loss by reason of her official activity. The petitioner is cautioned to be diligent in identifying such matters and to either recuse from participation or seek further guidance from the Commission before proceeding.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-7(a)

Keywords:

Spouse

Private Employment