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Advisory Opinion 2018-002
South Carolina State Ethics Commission
South Carolina State Ethics Commission
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Abstract
Worker's Compensation Commissioners currently serve as officers or board members on two 501(C)(3) non-profit associations, the South Carolina Workers' Compensation Educational Association ("SCWCEA") and Kids' Chance of South Carolina ("Kids' Chance"). According to information provided from Workers' Compensation Commission staff, this service is ex-officio and in their official capacities. Attorneys who regularly appear before the CXommissioners may also serve as officers or board members for the same non-profit associations.
The Workers' Compensation Commissioners seek to ensure that if they serve as an officer or board member for these non-profit associations, then attorneys who also serve in these roles would be not considered individuals with whom the Commissioners are associated under Section 8-13-100(21) of the Ethics Reform Act, thereby triggering the recusal requirements of Section 8-13-700(B) when those attorneys appear before the Workers' Compensation Commission.
Here, the Ethics Commission concluded that when a Workers' Compensation Commissioner serves as aboard member or officer in a non-profit in his official capacity, the non-profit would not be a "business with which he is associated" under Section 8-13-100(4) and its board members or officers would not be "Individual[s] with whom he is associated" under Section 8-13-100(21).
Issue Date
9/21/2017
Keywords
South Carolina State Ethics Commission, Advisory opinions--South Carolina, Advisory boards--South Carolina, Public service commissions--South Carolina
Type
Periodical
Rights
Copyright status determined to be in the public domain on April 27, 2020 by United States Supreme Court ruling (Georgia et al., Petitioners v. Public.Resource.Org, Inc. : 590 U.S.__(2020))
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