Advisory Opinion No. 95-21

Re: Kristen Mulrooney

A. QUESTION PRESENTED

Whether interpreters who serve on the Commission on the Deaf and Hard of Hearing (CDHH) and/or one or more of its committees may accept interpreting assignments for which the CDHH is the paying party.

B. SUMMARY

The CDHH is uniquely situated to address the needs and concerns of the deaf and hard of hearing population in the State of Rhode Island. Members serve on the CDHH because of their experience in and/'or with the deaf and/or hard of hearing communities. Interpreters for the deaf and/or hard of hearing serve both on the CDHH and one or more of its subcommittees. Interpreters, including those who serve on the CDHH and/or one of its subcommitees, periodically receive assignments for which the paying party is the CDHH. Assuming that the interpreter receiving the assignment in no way participated in the assignment process and that the selections were made in such a way so as not to confer any special advantage to CDHH participants, the Code of Ethics does not prohibit the outlined practice.

C. DISCUSSION

1. Facts'

a. The CDHH was established to address the needs of the deaf and the hard of hearing populations in the State of Rhode Island. Individual commissioners are appointed by the Governor, and additional individuals receive appointments from the Commission to serve on various committees. Appointees in both instances are selected based on their experience in and/or with the deaf and/or the hard of hearing communities.

b. Sign language interpreters routinely serve on the CDHH and its various committees.

c. The CDHH is responsible for the payment of interpreters who receive short-term ADA assignments. The assignment system for interpreters does not confer any sort of advantage on interpreters who serve on the CDHH or its committees; nor do such interpreters participate in the assignment process.

d. A severe shortage of interpreters exists in the State.

e. The CDHH proposes following a policy that would allow interpreters to accept assignments for which the CDHH is the paying party regardless of their current and/or past affiliation with the CDHH and its committees, but that would not allow interpreters to both participate in CDHH events and provide interpreter services at those same events.

2. Analysis

As the Commission concluded in its previous Advisory Opinion #94-58 regarding the CDHH, the Code of Ethics does not prohibit individuals who provide sign language interpreter services from serving on the CDHH and its committees; nor does it preclude interpreters who serve in such capacities from providing services the payment for which might in some way be connected to the CDHH.

Sections 36-14-5(a), (b) and (d), R.I. Gen. Laws, prohibit state and municipal officials and employees from engaging in employment or actions that might place their private interests in conflict with their public responsibilities. Here, the proposal suggested by the CDHH would effectively prevent any such problems. Especially in light of the shortage of sign language interpreters in the State, individuals who provide such services should not be foreclosed from serving on the CDHH and its committees, where their expertise and experience would undoubtedly be valuable, nor should those who choose to engage in such service by precluded from accepting paying assignments simply because the entity dispensing the payments is the CDHH. Rather, the focus should be on whether a particular individual benefited or gained an advantage because of their involvement with the CDHH or one of its committees. We endorse the policy proposed by the CDHH as an effective means of ensuring that the assignment and payment of interpreters complies with the requirements of the Code of Ethics.

Footnotes

'Refer to attached Advisory Opinion 94-58 for a detailed discussion about the CDHH and several issues related to this advisory opinion request.

Keywords

Revolving Door