Information for Members of
Advisory Boards and Commissions

In September, 2006, the City Council passed new legislation which set standards and penalties for members of advisory boards and commissions, who do not have the authority to enact, administer, interpret, or execute City laws. These revisions to the Ethics Code relaxed one requirement for advisory committee members, and set new limits for monetary fines that may be levied against advisory committee members.

1. Are members of advisory boards subject to the Ethics Code in the same way City employees are? They don’t make decisions, but only give advice to decision-makers.
   
   Answer: The Ethics Code continues to set high ethical standards for members of advisory boards and commissions, whose advice may have a major impact on City policies. The Code’s stated purpose is to ensure that the public has confidence in the integrity of its government, and it requires recusal or disclosure when duties overlap with private interests.
   
   Like City employees, members of advisory committees are required to disqualify themselves from participating in official matters in which they have a financial interest, direct or indirect, personally or through an immediate family member. But for advisory committee members, the Code now requires only disclosure, not disqualification, if the member engages or has engaged in activities or transactions that would appear to a reasonable person to impair the member’s independence of judgment. The revisions also limit the financial penalties that members of advisory committees may be subject to.
   
   To disclose appearance of impaired judgment, complete and submit this Disclosure Form, downloadable in PDF version or Microsoft Word version, or contact us for assistance.
   
   Please note that the Code excludes "public corporations and ad hoc advisory committees" from the jurisdiction of the Ethics Code, SMC 4.16.030 Definitions (D). To clarify the distinction between "advisory committees" and "ad hoc advisory committees," in September, 2005 the Commission adopted Interpretive Rule 1 (the "Advisory Committee Rule"). Members of ad hoc committees should check with their City staff to determine their committee's ethical standards.



2. How do members of advisory commissions know whether to recuse (disqualify) themselves from discussions or decisions, or merely disclose their potential interest in a matter before the board?
   
   Answer: Members must disqualify themselves during discussion and voting if they have a financial interest, even indirectly, in the matter before their committee. If the members’ interests are not financial, but if they engage or have engaged in any transaction or activity which would appear to be in conflict with or incompatible with their duties or would appear to impair their judgment, then they must disclose the circumstances to their committee.
   
   Members who are uncertain what to do, are encouraged to contact the Executive Director for guidance, or take the conservative route of recusal.



3. What penalties might an advisory committee member be subject to?
   
   Answer: The Code says that the Commission can impose upon volunteer members of advisory committees a monetary fine of up to $1,000 for failure to disqualify themselves from matters in which they had financial interests. In the case of failure to disclose apparent impaired judgment in the performance of advisory committee duties, the Commission may impose a monetary fine of up to $250. In both circumstances, the Commission may require reimbursement of damages and costs, and may recommend censure or removal from the committee as well as cancellation of the decision made that the volunteer improperly participated in. The Commission may impose a fine of up to $5,000 if the member violates other prohibitions of the Ethics Code, including improper use of official position for private gain, improper use of City resources, accepting or soliciting gifts, and use or disclosure of privileged information for other than a City purpose.

For more information on the Ethics Code for Advisory Committee members,
see the Ethics Code, SMC 4.070 (6) and SMC 4.16.100 and Ordinance 122242 which amends the code, download a brochure, or contact the SEEC.