Advisory Opinion No. 95-117

Re: Kathleen J. Gazzol

A. QUESTION PRESENTED

Whether Kathleen J. Gazzola, a member of the Board of Examiners in Dentistry, may simultaneously serve as an officer of the Rhode Island Dental Hygienists' Association (RIDHA).

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Board of Examiners in Dentistry, will not violate the Code of Ethics if she serves as an officer of RIDHA.

C. DISCUSSION

1. Facts

The petitioner, a professor of dental hygenistry, serves as a member of the Rhode Island State Board of Examiners in Dentistry, a state board responsible for a) issuing rules and regulations governing the practice of dentistry; b) issuing licenses to dentists and hygienists; and c) disciplining dentists and hygienists.(1) The petitioner advises that, as a member of the Board, she does not serve on the licensing or disciplinary subcommittees.(2)

Recently, the petitioner was elected to the petition of Vice-President of RIDHA, a private, non-profit professional organization aimed at promoting the dental hygenistry profession. The petitioner advises that she intends to run for the position of President of RIDHA in September, 1996. As President, the petitioner would be a non-voting member responsible for chairing the organizational meetings.

2. Analysis

At issue in this advisory request is whether the petitioner, a member of the Rhode Island State Board of Examiners in Dentistry, may simultaneously serve as an officer of RIDHA. Under the Code of Ethics, the petitioner is prohibited from engaging in any professional activity which is in substantial conflict with the proper discharge of her duties in the public interest. See R.I. Gen. Laws § 36-14-5(a). The petitioner is also prohibited from accepting other employment which will either impair her independence of judgment as to her official duties or require or induce her to disclose confidential information acquired by her in the course of and by reason of her public duties. See R.I. Gen. Laws § 36-14-5(b).

After considering the petitioner's responsibilities as a member of the Board of Examiners in Dentistry and the relevant provisions of the Code of Ethics, we conclude that the petitioner will not violate the Code if she simultaneously serves as an officer of RIDHA. This conclusion is based on the petitioner's representation that, as an officer of RIDHA, she would not be in the position of voting or making decisions that were contrary to the interests of the Board of Examiners, and vice versa. This conclusion is also consistent with past advisory opinions which have permitted public officials or public employees to serve on non-profit organizations where the interests of the public entity\employer and the private organization generally do not conflict. See e.g., 90-48 (opining that a member of the Rhode Island State Board of Podiatry Examiners would not violate the Code of Ethics if he simultaneously served as an officer of the Rhode Island Podiatric Medical Association, a private professional organization); 89-81 (concluding that an assistant to the Director of the Rhode Island Department of Environmental Management would not violate the Code if he served on the Board of Scenic Rhode Island, a non-profit organization aimed at promoting Rhode Island's scenic beauty).

We caution the petitioner, however, that in the event her duality of status impairs her independence of judgment or otherwise results in the disclosure of confidential or privileged information, she should: a) notify the Board of Examiners in Dentistry of the nature of her interest in such matter; and b) refrain from participating in any decisions relating to this matter.

Footnotes

(1) The Board is comprised of dentists, hygienists, and public members, who serve on various subcommittees.

(2) The petitioner advises that she sits on the continuing education subcommittee.

Keywords

Revolving Door

Hardship Exception