Court passes on Beacon Mutual appointments

December 11, 2006

Rhode Island’s highest court has declined to rule on whether state lawmakers have any remaining role in appointing members, or approving gubernatorial appointments, to the board of the state’s largest workers’ compensation insurance carrier, Beacon Mutual Insurance Co.

Senate Democratic leaders asked the court whether the Senate had still final approval over Republican Gov. Don Carcieri’s appointments to Beacon Mutual, after voters passed a separation of powers amendment that removed lawmakers from a host of state boards and commissions.

The Rhode Island Supreme Court said that it was required to issue advisory opinions only on matters pending before the General Assembly. But the General Assembly is in recess and when it reconvenes in January, its membership will have changed as a result of the November elections. The court said it is not required “to give an opinion to a succeeding legislative body in reply to a request propounded by a preceding legislative body.”

Lawmakers can refile their requests for an advisory opinion during the next legislative session.

Beacon Mutual has in the past year been beset by controversy following charges it played favorites with certain customers. Gov. Carcieri recently fought unsuccessfully to remove AFL-CIO secretary-treasurer George Nee, and former state Rep. Henry Boeniger, a teachers union lobbyist, from the Beacon Mutual board. Several of the company’s executives have resigned.

Carcieri spokesman Mike Maynard said the governor does not believe he needs the Senate’s approval for his four appointees to the board.