Advisory Opinion No. 99-87

Re: Richard E. Fishpaw

QUESTION PRESENTED

The petitioner, a member of the Board of Examiners for Nursing Home Administrators, a state appointed position, requests an advisory opinion as to whether he is required to file a personal financial disclosure statement pursuant to the Code of Ethics given that his public service is without compensation.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the petitioner, a member of the Board of Examiners for Nursing Home Administrators, a state appointed position, is required to file a personal financial disclosure statement, notwithstanding the fact that he serves on the Board without compensation.

The Code of Ethics requires all state and municipal elected and appointed officials to file annual financial statements with the Ethics Commission. See R.I. Gen. Laws § 36-14-16.

Members of many Commissions serve as volunteers or are not compensated for their public service; however, the General Assembly has deemed that if an official is appointed by the highest governing body of the state or municipality or for a term of office and exercises governmental functions other than in an advisory nature, the public official is required to file a personal financial statement pursuant to the Code of Ethics. See R.I. Gen. Laws § 36-14-2(9). Here, the petitioner received his appointment pursuant to R.I. Gen. Laws § 5-45-1, which also prescribes the duties and responsibilities of Board members; those duties are not solely “advisory in nature”. Further, the Governor approved his appointment to a three-year term specified by statute. Therefore, the petitioner is a “state or municipal appointed official” within the meaning of R.I. Gen. Laws § 36-14-4 or § 36-14-16, and is required to file a financial disclosure statement.

Code Citations:

36-14-2(9)
36-14-4
36-14-16

Related Advisory Opinions:

97-68
97-67

Keywords:

Financial Disclosure