Advisory Opinion No. 98-108

Re: The Honorable Donna Walsh

QUESTION PRESENTED

The Petitioner, a legislator serving as State Senator, a state elected official, requests an advisory opinion as to whether she may submit a legislative grant for the Alms for Animals, a tax exempt organization, given that she is a member of its Board of Directors.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a legislator serving as State Senator, a state elected official, may not submit a legislative grant for the Alms for Animals, a tax exempt organization, given that she is a member of its Board of Directors. Under the Code of Ethics, the Petitioner may not participate as a Senator in any matter in which she has an interest in substantial conflict with the proper discharge of her duties in the public interest. See R.I. Gen. Laws §§ 36-14-5(a), 36-14-7(a). Nor may the Petitioner participate in the consideration and/or disposition of a matter involving a business associate. See R.I. Gen. Laws § 36-14-5(f). Here, the Petitioner has a business association with the Alms for Animals given her position as a member of the Board of Directors; therefore, she is required to recuse from participation in matters concerning the Alms for Animals.

Previously, this Commission has concluded that public officials are "business associates," as the term is defined in R.I. Gen. Laws § 36-14-2(8), of entities for which they serve either as members of the Board of Directors or in other leadership positions that permit them to affect the financial objectives of the organization. If an official has such a leadership position, the Commission has required the official to recuse him or herself if the interests of the organization would be affected by an action to be taken by his or her public agency. See A.O. 98-44 (opining that a Commissioner of Fire Safety Code Board of Appeal and Review could not participate in appeals involving property owned by the International Association of Firefighters (Local 799) and the Providence Firefighters Realty Corporation since the Petitioner, who held a position with both entities that would permit him to affect the financial objectives of the organization, had a business association relationship with the organizations that triggered the prohibitions set forth in R.I. Gen. Laws § 36-14-5(a)); A.O. 96-75 (advising three members of the General Assembly who also served as members of the Board of Directors of local hospitals to recuse themselves from hospital issues since they had a business association with the local hospitals); A.O. 95-59 (advising a member of the Smithfield School Committee to recuse himself from a vote concerning a community organization if the official's association with the organization allowed him to affect the financial objectives of the organization); and A.O. 98-76 (concluding that a Narragansett Town Councilor could not participate in appropriating funding for the Chamber of Commerce since she served on its Board of Directors).

We conclude, based on the Code of Ethics and previous advisory opinions, that the Petitioner must recuse from participating in any matters involving the Alms for Animals under the procedures set forth in R.I. Gen. Laws § 36-14-6, including the submittal of a legislative grant for the organization.

Code Citations:

36-14-2(8)

36-14-5(a)

36-14-5(f)

36-14-7(a)

Related Advisory Opinions:

98-76

98-44

98-16

98-10

97-51

96-75

96-54

95-59

Keywords:

Business associates

Non-profit boards

Memberships