Non-Exclusive Criteria for State Boards

Non-exclusive criteria for determining whether a board is covered under the Ethics Act approved by the Ethics Commission at its April 24, 2009, meeting.

The State Ethics Act applies to boards, commissions, councils, committees, task forces, authorities, or similar public bodies ("boards") that the Ethics Commission determines or designates as a covered board. Covered boards are generally: 

1. Created by statute or executive order, 
2. "State," boards and 
3. Non-advisory in character. 

The State Ethics Commission will generally consider a board a "State board" if it was created by a statute or executive order that:

1. Names the board;
2. Details the board's purposes, powers and duties;
3. Provides specific guidelines regarding membership and operations;
4. Prescribes a membership appointed in part by the Governor, the General Assembly, the Council of State or the Judiciary; and
5. Describes a public purpose.

A state board authorized by statute or executive order to perform any of the following functions will generally be deemed a non-advisory board:

1. Allocate, spend, award or invest public money where the expenditures do not relate solely to the internal operations of the board;
2. Issue,renew, deny, revoke, or suspend licenses;
3. Promulgate rules, regulations, standards, or criteria affecting those outside of the board or commissions 
4. Enter into or approve contracts involving public money; 
5. Set policy governing operation of an agency or institution.