Advisory Opinion No. 97-9

Re: John A. Patterson

QUESTION PRESENTED

The Petitioner, a newly elected State Senator, requests an advisory opinion as to whether he may participate in deliberations with regard to health care in Rhode Island if he becomes a "corporator" of the South County Hospital Foundation, a non-profit entity that provides medical services.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a newly elected State Senator, may participate in deliberations regarding health care in Rhode Island notwithstanding that he may be a "corporator" of the South County Hospital Foundation, a non-profit entity that provides medical services. This opinion is based on the Petitioner's representation that Corporators act as advocates in the community, volunteering time and energy, but otherwise do not affect the financial objectives of the Foundation. Additionally, by the Foundation's Bylaws, the Corporation "shall be composed of at least one hundred but not more than seven hundred members." This position is distinguishable from serving as a member of the Board of Directors of a non-profit board, affecting the financial objectives of the organization, which the Commission has previously found to constitute a "business associate" relationship thereby requiring recusal. Because the Petitioner's relationship with the Foundation does not rise to the level of a business association under the Code of Ethics, absent some other interest or potential conflict, he may participate and vote on matters relating to the health care industry in Rhode Island.

However, when participating or voting on matters relating to the health care industry, the Petitioner should file a notice under Section 6 of the Code advising the Senate of the nature of his relationship with the Foundation and a statement why, despite that relationship, he is able to vote and otherwise participate fairly, objectively and in the public interest. A copy of this notice should also be filed with the Ethics Commission.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-7(a)

Related Advisory Opinions:

96-75

96-54

95-59

Keywords:

non-profit boards