Advisory Opinion No. 98-139

Re: Olga Noguera

QUESTION PRESENTED

The Petitioner, a Providence School Board member, a municipal appointed position, requests an advisory opinion as to whether she may accept appointment to the Center for Hispanic Policy and Advocacy’s (CHisPA) Board of Directors, given that the CHisPA contracts with the Providence School Department.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, a Providence School Board member, a municipal appointed position, may accept appointment to the Center for Hispanic Policy and Advocacy‘s (CHisPA) Board of Directors, despite the fact that the CHisPA contracts with the Providence School Department, provided that the Petitioner recuses from participation and/or votes whenever the CHisPA and/or its interests appear before her in her official capacity.

The Petitioner is in line for an appointment to the Center for Hispanic Policy and Advocacy’s (CHisPA) Board of Directors. She advises that the CHisPA contracts with the Providence School Department to provide alternative education to middle school students who are suspended from public schools. Under the Code of Ethics, the Petitioner may not participate in any matter in which she has an interest, financial or otherwise, 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), 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). The Code defines “business associate” as any individual or entity joined with a public official “to achieve a common financial objective.” R.I. Gen. Laws § 36-14-2(3).

Previously, the Commission has concluded that public officials are “business associates” of entities for which they serve as members of the Board of Directors. The Commission has advised such public officials to recuse from participation if the interests of their organization would be affected by an action to be taken by their public agency. Here, the Petitioner’s proposed relationship with the CHisPA constitutes a business association that triggers the prohibitions set forth in R.I. Gen. Laws §§ 36-14-5(a) and 5(f). Those prohibitions do not bar the Petitioner from accepting the proposed appointment, but it does impact the range of actions she may undertake as a member of the Board. Therefore, in the event that she accepts appointment to the Board of Directors, the Petitioner should refrain from participation and/or vote whenever the CHisPA and/or its interests appear before her in her official capacity as a School Board member. Notice of recusal should be filed with both the Providence School Board and the Ethics Commission pursuant to R.I. Gen. Law § 36-14-6.

Code Citations:

36-14-2(3)

36-14-5(a)

36-14-5(f)

36-14-6

36-14-7(a)

Related Advisory Opinions:

98-108

98-76

98-44

97-142

96-54

95-59

Keywords:

Business associate

Membership

Non-profit boards

Recusal