Advisory Opinion No.2004-25

Re: The Honorable Joseph M. Polisena

QUESTION PRESENTED:

The petitioner, a legislator serving as a State Senator, a state elected position, requests an advisory opinion as to whether he may participate in the Senate’s consideration of bill 2004-H8380, “An Act Relating to Education – Health and Safety of Pupils,” given the fact that his spouse is employed as a registered nurse in the North Providence school system.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner, a legislator serving as a State Senator, a state elected position, from participating in the Senate’s consideration of bill 2004-H8380, “An Act Relating to Education – Health and Safety of Pupils,” notwithstanding the fact that his spouse is employed as a registered nurse in the North Providence school system.

The petitioner advises that the Senate will soon be considering bill 2004-H8380, “An Act Relating to Education – Health and Safety of Pupils.” The proposed legislation would authorize the school department to administer glucagon to diabetic children in a hypoglycemic emergency in the event no school nurse is “immediately available.” The petitioner advises that his spouse is employed as a licensed registered nurse in the North Providence school system. The petitioner further represents that the General Assembly’s passage or rejection of bill 2004-H8380 will have no financial affect upon him or his spouse.

Under the Code of Ethics, a legislator may not participate in any matter in which he has an interest, financial or otherwise, which is in substantial conflict with the proper discharge of his duties in the public interest. See R.I. Gen. Laws § 36-14-5(a). A legislator will have an interest in substantial conflict with his official duties if he has reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of his activity, to himself, a family member, a business associate, an employer, or any business which the legislator represents. See R.I. Gen. Laws § 36-14-7(a). Additionally, the Code provides that a legislator may not use his office to obtain financial gain for himself, a family member, a business associate, an employer, or any business which he represents. See R.I. Gen. Laws § 36-14-5(d). Based upon the petitioner’s representation that neither he nor his spouse will accrue a "direct monetary gain" or a "direct monetary loss" by virtue of the General Assembly’s passage or rejection of bill 2004-H8380, the Commission concludes that the petitioner may participate in the Senate’s consideration of same.

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2003-2

2002-5

98-40

97-51

97-21

96-91

96-71

Keywords:

Family: Financial Benefit

Financial Interest