May an owner or employee of a child day care center that receives subsidized child day care payments from the county social services department be appointed to and serve on the county social services board?

Yes. It is not an unlawful conflict of interest for a county social services board member to accept payment for goods, services, or assistance that he or she provides to needy individuals or families under a federal or state public assistance or social services program if the program is open to general participatoin on a nondiscriminatory basis by other providers or suppliers in the same profession or occupation, the social services board, director, and employees have no control over which provider or supplier of goods, services, or assistance is selected by the needy individuals or families, the board member receives the same payment for the goods, services, or assistance as other providers of the same goods, services, or assistance, and the board member does not take any part in approving payment for the goods, services, or assistance that he or she provides. Nor is it an unlawful conflict of interest for a county social services board member to accept payment for goods, services or assistance that he or she provides to, or on behalf of, the county social services department as long as the county social services board is not involved in making or administering the contract under which the payment is made and the board member does not use or attempt to use his or her public office to influence the making or administration of a contract from which he or she or his or her spouse will derive a direct benefit.

Public Officials - Local and State Government Roles
Topics - Local and State Government