Q May a trustee of a community hospital have an interest in a lawsuit against the hospital?

A The lawsuit in issue cannot be settled by the hospital board of trustees during the trustee’s tenure on the board or for one year thereafter, pursuant to Constitutional Section 109 and Section 25-4-105(2). The trustee would have to fully recuse himself or herself from any action by the board to approve payment of a court-imposed judgment in this case, as required in Section 25-4-105(1). The trustee should seriously consider resigning from the hospital board to avoid the appearance of impropriety, in compliance with Section 25-4-101. (Mississippi Ethics Commission Opinion No. 09-113-E dated December 11, 2009)