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County attorneys advise that Rotary dues generally are personal; council members must disclose nonprofit board roles

September 27, 2023 | Summit County Council, Summit County Commission and Boards, Summit County, Utah


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County attorneys advise that Rotary dues generally are personal; council members must disclose nonprofit board roles
The Summit County attorneys office presented legal guidance Wednesday on outside organization memberships and council liaison roles, addressing questions about county payment of dues and elected-official participation on nonprofit boards.

Attorneys said recent state law and county personal-use policy informed their advice. "We came down on the side that... these membership dues should not be paid by the county," one county attorney said, explaining that memberships to civic groups such as Rotary are typically personal rather than incidental to official duties unless a staff contract specifically requires membership.

The attorneys also discussed ex officio and liaison relationships to nonprofit boards, stressing disclosure obligations. They advised that if a county official serves on a nonprofit board and the organization comes before the council with a funding request, the official must disclose the role on the annual disclosure form and, if a financial interest exists, refrain from voting.

Council members raised practical questions about longstanding liaison assignments and whether some positions should be reviewed; attorneys recommended listing nonprofit boards on annual disclosures and consulting the county attorneys office when potential conflicts arise. The council did not adopt a new policy at the meeting but directed staff to review assignments and follow up.

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