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When does serving on a nonprofit make you a 'public official'? City attorney, ethics official explain tests
Summary
The training distinguished 'official capacity' appointments (where the city expects the appointee to represent the city) from private volunteering, explaining four tests municipalities use and recommending written appointment records in bylaws or personnel files.
Laura Baker Morrish, deputy city attorney, and Susan Wilkins of the Ohio Ethics Commission advised that whether a board seat is held in an "official capacity" depends on the facts: the relationship between the city and the nonprofit, how the appointment occurred, the seat's documented purpose, and whether the city expects representation.
Morrish said that when a seat is officially appointed or defined in a nonprofit's bylaws as a City of Columbus seat, recusal rules and other ethics requirements are likelier to apply. Wilkins urged attendees to consult written advisory opinions or city counsel for borderline situations, noting several advisory opinions and that the commission will provide written guidance on request.
