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February 2008
 Back to Ethics State Statute Links
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| State |
Statutory Provision |
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Alabama
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Code of Ala. § 36-25-1
Public official. Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice-chairs or the equivalent offices of each state political party as defined in Section 17-16-2. |
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Alaska |
Alaska Stat. § 09.25.390
"Public official" means a person elected to a public office created by the Constitution or laws of this state, whether executive, legislative, or judicial, and who was holding that office at the time of the communication for which privilege is claimed; |
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Arizona
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A.R.S. § 41-1231
"Public official" means a person who is duly elected, appointed or retained through election to an elected state, county or local office. |
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Arkansas |
A.C.A. § 21-2-702
(4) "County public official" or "county public employee" means any elected officer of the counties and the employees or deputies of any elected officer, members of the quorum court, and the members of the various county boards and commissions, excluding officials and employees of county hospitals, county nursing homes, and conservation and improvement districts;
(7) "Municipal public official" or "municipal public employee" means any elected officer of the municipalities and the employees or deputies of any elected officer, specifically including salaried municipal employees of municipally owned utilities, members of the city council, including the mayor, and the members of the various municipal boards and commissions, but excluding officials and employees of municipal hospitals, nursing homes, and improvement districts;
(11) "School district public official" or "school district public employee" means all school district salaried officials and salaried school district employees, whether elected or appointed, and the members of local school boards of directors;
(15) "State public official" or "state public employee" means any elected or appointed salaried officer of the State of Arkansas and the salaried governmental employees of that elected or appointed officer, members of the General Assembly, and the nonsalaried members of the various state boards and commissions.
A.C.A. § 21-1-502
(1) "Elected public official" means the Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, Commissioner of State Lands, a member of the Senate, and a member of the House of Representatives; |
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California |
Cal Gov Code § 82048 (2007) - "Public official"
(a) "Public official" means every member, officer, employee or consultant of a state or local government agency.
(b) Notwithstanding subdivision (a), "public official" does not include the following:
(1) A judge or court commissioner in the judicial branch of government.
(2) A member of the Board of Governors and designated employees of the State Bar of California.
(3) A member of the Judicial Council.
(4) A member of the Commission on Judicial Performance, provided that he or she is subject to the provisions of Article 2.5 (commencing with Section 6035) of Chapter 4 of Division 3 of the Business and Professions Code as provided in Section 6038 of that article.
(5) A federal officer or employee serving in an official federal capacity on a state or local government agency. |
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Colorado |
C.R.S. 24-6-203
(b) (I) As used in this section, the term "public office" means any office voted for in this state at any election.
(II) "Public office" does not include:
(A) The office of president or vice president of the United States;
(B) The office of senator or representative in the congress of the United States;
(C) Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4-701, C.R.S.;
(D) Any political party office in an assembly or convention, including delegates thereto; or
(E) Any elective office within a special district for which the annual compensation is less than twelve hundred dollars.
(III) "Public office" includes the office of governor, lieutenant governor, secretary of state, attorney general, state treasurer, state board of education, regents of the university of Colorado, the Colorado court of appeals, or the supreme court of Colorado.
(c) As used in this section, "statewide elected office" means the office of governor, lieutenant governor, secretary of state, attorney general, state treasurer, members of the state board of education, regents of the university of Colorado, members of the general assembly, or district attorneys.
Notes: Police officers are public officials. Willis v. Perry, 677 P.2d 961 (Colo. App. 1983). |
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Connecticut |
Conn. Gen. Stat. § 1-79
(k) "Public official" means any state-wide elected officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, any public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory Council pursuant to subsection (a) of section 3-13b, any person appointed or elected by the General Assembly or by any member of either house thereof, and any member or director of a quasi-public agency, but shall not include a member of an advisory board, a judge of any court either elected or appointed or a senator or representative in Congress. |
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Delaware
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11 Del. C. § 1240
(b) "Public official or public servant" includes any elected official, appointed official, officer or employee of the State or any political subdivision thereof, any judge or other judicial officer, any person participating as a juror, or any person acting as an advisor, contractor or consultant in performing a governmental function. "Public official or public servant" shall include persons who are candidates for office or who have been elected to office, but who have not yet assumed office. For the purposes of this section "public official or public servant" also includes any person who formerly held a position as a public official or public servant. |
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Florida |
Because the law is unclear as to the definition of "public official" with regard to reimbursement of attorneys' fees, we look to other causes of action for guidance. In Wilkinson v. Florida Adult Care Association, Inc., 450 So. 2d 1168 (Fla. 2d DCA 1984), the Second District discussed the meaning of public official with regard to a defamation action. There, the individual at issue was an adult congregate living facility coordinator for the Department of Health and Rehabilitative Services. Id. Relying on the U.S. Supreme Court's decision in Rosenblatt v. Baer, 383 U.S. 75, 86 S. Ct. 669, 15 L. Ed. 2d 597 (1966), the Second District ultimately determined that the coordinator was not a public official because he had only minimal control over operations, was not involved in policy decisions, had no administrative functions, handled no public funds, exercised no independent authority, and there was no public interest in his qualifications. Wilkinson, 450 So. 2d at 1173. Thus, a court must look for these job responsibilities when determining whether an individual is a "public official." In Demby v. English, 667 So. 2d 350, 354 (Fla. 1st DCA 1996), this court recognized the factors in Wilkinson, and held that a director of animal control is a public official because the director has the authority to enforce county and state law. Thus, in order to be a public official, the individual need not be elected or appointed; instead, courts must examine the factors set out in Wilkinson. |
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Georgia |
O.C.G.A. § 45-10-20
(9) "Public official" means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary authority to receive and expend public funds and to perform certain functions concerning the public which are assigned to him by law. |
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Hawaii |
HRS § 710-1000
(15) "Public servant" means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function, but the term does not include jurors or witnesses; |
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Idaho |
Idaho Code § 59-703
(10) "Public official" means any person holding public office in the following capacity:
(a) As an elected public official meaning any person holding public office of a governmental entity by virtue of an elected process, including persons appointed to a vacant elected office of a governmental entity, excluding members of the judiciary; or
(b) As an elected legislative public official meaning any person holding public office as a legislator; or
(c) As an appointed public official meaning any person holding public office of a governmental entity by virtue of formal appointment as required by law; or
(d) As an employed public official meaning any person holding public office of a governmental entity by virtue of employment, or a person employed by a governmental entity on a consultive basis. |
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Illinois |
720 ILCS 5/12-9
(b) For purposes of this Section:
(1) (Effective until June 1, 2008) "Public official" means a person who is elected to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney.
(1) (As amended by P.A. 95-466, effective June 1, 2008) "Public official" means a person who is elected to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney and a sworn law enforcement or peace officer. |
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Indiana |
Burns Ind. Code Ann. § 2-7-1-14
"Public official" means an individual who holds office in the executive, judicial, or legislative branch of the state or federal government or a political subdivision of either of those governments and includes an official or employee of a state educational institution. |
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Iowa |
Iowa Code § 68B.2
15. "Local official" means an officeholder of a political subdivision of this state.
16. "Member of the general assembly" means an individual duly elected to the senate or the house of representatives of the state of Iowa.
17. "Official" means all statewide elected officials, the executive or administrative head or heads of an agency of state government, the deputy executive or administrative head or heads of an agency of state government, members of boards or commissions as defined under section 7E.4, and heads of the major subunits of departments or independent state agencies whose positions involve a substantial exercise of administrative discretion or the expenditure of public funds as defined under rules of the board adopted in consultation with the department or agency and pursuant to chapter 17A. "Official" does not include officers or employees of political subdivisions of the state, members of the general assembly, legislative employees, officers or employees of the judicial branch of government who are not members or employees of the office of attorney general, members of state government entities which are or exercise the same type of authority that is exercised by councils or committees as defined under section 7E.4, or members of any agricultural commodity promotional board, if the board is subject to a producer referendum.
22. "Public official" means officials, local officials, and members of the general assembly. |
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Kansas |
K.S.A. § 60-1205 - Grounds for forfeiture of public office.
Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal from office only by impeachment, who shall (1) willfully engage in misconduct while in office, (2) willfully neglect to perform any duty enjoined upon such person by law, (3) demonstrate mental impairment such that the person lacks the capacity to manage the office held, or (4) who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such person's office and shall be ousted from such office in the manner hereinafter provided. |
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Kentucky |
KRS § 83A.010
83A.010. Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(10) "Officer" means any person elected to a position by the voters or any person appointed to a position which (a) is created by the Constitution, the General Assembly, or a city; (b) possesses a delegation of a portion of the sovereign power of government; (c) has powers and duties to be discharged which are conferred directly or by implication by the city; (d) has duties performed independently and without control of a superior power other than law; (e) has some permanency; (f) requires an official oath; (g) is assigned by a commission or other written authority; and (h) provides for an official bond if required by proper authority. |
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Louisiana |
La. R.S. 14:122.2
§ 14:122.2. Threatening a public official; penalties; definitions
C. For the purpose of this Section, "public official" is defined as any executive, ministerial, administrative, judicial, or legislative officer of the state of Louisiana. |
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Maine |
21-A M.R.S. § 1
34. PUBLIC OFFICIAL. "Public official" means a person elected or appointed to serve the people. |
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Maryland |
Md. STATE GOVERNMENT Code Ann. § 15-103
§ 15-103. Designation of individuals as public officials
(a) Generally. -- The determination of whether an individual is a "public official" for the purposes of this title shall be made in accordance with the provisions of this section.
(b) Public officials of executive units. -- Except as provided in subsection (f) of this section, the following individuals in executive units are public officials:
(1) an individual who receives compensation at a rate equivalent to at least State grade level 16, or who is appointed to a board, if the Ethics Commission determines under § 15-208 of this title that:
(i) the individual, acting alone or as a member of an executive unit, has decision making authority or acts as a principal advisor to one with that authority:
1. in making State policy in an executive unit; or
2. in exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions; and
(ii) the individual's duties are not essentially administrative and ministerial;
(2) any other individual in an executive unit, if the Ethics Commission determines that the individual, acting alone or as a member of the executive unit, has decision making authority or acts as a principal advisor to one with that authority in drafting specifications for, negotiating, or executing contracts that commit the State or an executive unit to spend more than $ 10,000 in a year;
(3) a member, appointee, or employee of the Maryland Stadium Authority;
(4) a member, appointee, or employee of the Canal Place Preservation and Development Authority; and
(5) a member of the Emergency Medical Services Board.
(c) Public officials of the Legislative Branch. -- Except as provided in subsection (f) of this section, an individual in the Legislative Branch is a public official if the individual:
(1) receives compensation at a rate equivalent to at least State grade level 16; and
(2) is designated a public official by order of the presiding officers of the General Assembly.
(d) Public officials of the Judicial Branch. --
(1) Except as provided in paragraph (3) of this subsection or in subsection (f) of this section, an individual in the Judicial Branch is a public official if the individual receives compensation at a rate equivalent to at least State grade level 16.
(2) For the purposes of paragraph (1) of this subsection, "individual in the Judicial Branch" includes an individual who is:
(i) employed in the office of a clerk of court;
(ii) paid by a county to perform services in an orphans' court or circuit court;
(iii) employed by the Attorney Grievance Commission;
(iv) employed by the State Board of Law Examiners; or
(v) employed by the Court of Appeals Standing Committee on Rules of Practice and Procedure.
(3) The Ethics Commission may exclude the individuals in a position in the Judicial Branch from inclusion as public officials under paragraph (1) of this subsection:
(i) upon the recommendation of the State Court Administrator; and
(ii) if the Ethics Commission determines that the position does not have policy, policy advice, quasi-judicial, or procurement functions.
(e) Bicounty commission members. -- A member of a bicounty commission is a public official.
(f) Exceptions. -- The following are not public officials:
(1) a State official;
(2) an individual employed on a contractual basis unless the individual is:
(i) employed on a full-time basis for more than 6 months; and
(ii) designated pursuant to subsection (b) (1) or (c) of this section; and
(3) a part-time or full-time faculty member at a State institution of higher education:
(i) as to subsection (b) (2) of this section, only when the individual is acting in the capacity of a faculty member; and
(ii) as to any other provision of this section, unless the individual also:
1. is employed in another position that causes the individual to be designated as a public official; or
2. directly procures, directly influences, or otherwise directly affects the formation or execution of any State contract, purchase, or sale, as established by regulations adopted by the Ethics Commission and approved by the Joint Committee on Administrative, Executive, and Legislative Review. |
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Massachusetts |
ALM GL ch. 268B, § 1 (2007)
(p) "public office" means any position for which one is nominated at a state primary or chosen at a state election, excluding the positions of Senator and Representative in congress and the office of regional district school committee member elected district-wide;
(q) "public official" means anyone who holds a public office, as defined by clause (p) of this section;
ALM GL ch. 50, § 1 (2007)
"State officer" shall apply to, and include, any person to be nominated at a state primary or chosen at a state election and shall include United States senator and representative in Congress. |
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Michigan
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MCLS § 4.416 (2007)
(2) "Public official" means an official in the executive or legislative branch of state government. |
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Minnesota |
Minn. Stat. § 10A.01 (2007)
Subd. 35. Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or referee in the Department of Employment and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Minnesota Technology, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13; or
(21) supervisor of a soil and water conservation district. |
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Mississippi |
Miss. Code Ann. § 5-8-3 (2007)
(q) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in the office. |
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Missouri |
§ 105.470 R.S.Mo. (2007)
(8) "Public official", any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any designated decision-making public servant designated by persons described in this subdivision. |
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Montana |
Mont. Code Anno., § 5-7-102 (2007)
(7)"Elected state official" means an individual holding a state office filled by a statewide vote of all the electors of Montana or a state district office, including but not limited to public service commissioners and district court judges. The term includes an individual appointed to fill the unexpired term of an elected state official and an individual who has been elected to a statewide office but who has not yet been sworn in.
(B) THE TERM DOES NOT INCLUDE A LEGISLATOR.
(16) "Public official" means an elected state official or an appointed state official acting in an official capacity for state government OR A LEGISLATOR.
(B)The term does not include those acting in a judicial or quasi-judicial capacity or performing ministerial acts. |
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Nebraska |
R.R.S. Neb. § 49-1443 (2007)
§ 49-1443. Public official, defined
Public official shall mean an official in the executive branch, an official in the legislative branch, or an elected or appointed official in the judicial branch of the state government or a political subdivision thereof; any elected or appointed member of a school board; and an elected or appointed member of a governing body of a state institution of higher education. |
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Nevada |
Nev. Rev. Stat. Ann. § 281.005 (2007)
As used in this chapter:
1. Except as limited for the purposes of NRS 281.411 to 281.581, inclusive, "public officer" means a person elected or appointed to a position which:
(a) Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
(b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty. |
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New Hampshire
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RSA 15-B:2 (2007)
X. "Public official" means a commissioned, unclassified, or nonclassified executive branch employee, but shall not include any commissioned, unclassified, or nonclassified employee elected by the legislature. |
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New Jersey
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N.J. Stat. § 52:13D-13 (2007)
b. "State officer or employee" means any person, other than a special State officer or employee (1) holding an office or employment in a State agency, excluding an interstate agency, other than a member of the Legislature or (2) appointed as a New Jersey member to an interstate agency. |
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New Mexico |
N.M. Stat. Ann. § 1-19-26 (2007)
P. "public official" means a person elected to an office in an election covered by the Campaign Reporting Act [1-19-25 NMSA 1978] or a person appointed to an office that is subject to an election covered by that act;
N.M. Stat. Ann. § 10-8-3 (2007)
As used in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]:
G. "public officer" or "public official" means every elected or appointed officer of the state, local public body or any public post-secondary educational institution. Public officer includes members of advisory boards appointed by any state agency, local public body or public post-secondary educational institution.
N.M. Stat. Ann. § 13-1-191.1 Campaign contribution disclosure and prohibition
A. This section applies to prospective contractors with the state or a local public body.
(1) "applicable public official" means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal; |
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New York
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NY CLS Legis § 1-c Definitions
(l) The term "public official" shall mean:
(i) the governor, lieutenant governor, comptroller or attorney general;
(ii) members of the state legislature;
(iii) state officers and employees including:
(A) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis,
(B) officers and employees of statewide elected officials,
(C) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies [fig 1] ,
(D) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, [fig 1] and employees of such authorities, corporations and commissions;
(iv) officers and employees of the legislature; and
(v) municipal officers and employees including an officer or employee of a [fig 1] municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief. |
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North Carolina |
N.C. Gen. Stat. § 143-555 Definitions
(3) "Public office" means appointive membership on any State Commission, council, committee, board, including occupational licensing boards as defined in G.S. 93B-1, board of trustees, including boards of constituent institutions of The University of North Carolina and boards of community colleges under Chapter 115D of the General Statutes, and any other State agency created by law; provided that "public office" does not include an office for which a regular salary is paid to the holder as an employee of the State or of one of its departments, agencies, or institutions.
(4) "Public official" means any person who is a member of any public office as defined by this Part. |
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North Dakota |
N.D. Cent. Code, § 26.1-21-01 Definitions.
6. "Public official" means an elected or appointed officer or deputy of a state agency or a political subdivision, except for an officer of an occupational and professional board or commission under title 43 or of the state bar association.
N.D. Cent. Code, § 32-03-47 Definitions - Voluntary engineering services - Immunity.
e. "Public official" means any federal, state, or locally elected official with overall executive responsibility in the jurisdiction in which the emergency or event has occurred. |
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Ohio |
ORC Ann. 102.01 (2007)
(B) "Public official or employee" means any person who is elected or appointed to an office or is an employee of any public agency. "Public official or employee" does not include a person elected or appointed to the office of precinct, ward, or district committee member under section 3517.03 of the Revised Code, any presidential elector, or any delegate to a national convention. "Public official or employee" does not include a person who is a teacher, instructor, professor, or other kind of educator whose position does not involve the performance of, or authority to perform, administrative or supervisory functions.
ORC Ann. 2921.01 (2007) Definitions
As used in sections 2921.01 to 2921.45 of the Revised Code:
(A) "Public official" means any elected or appointed officer, or employee, or agent of the state or any political subdivision, whether in a temporary or permanent capacity, and includes, but is not limited to, legislators, judges, and law enforcement officers. |
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Oklahoma |
51 Okl. St. § 304 (2007) Definitions
24. "Public employee" means any person who is employed by and receives compensation from any governmental entity, but shall not mean independent contractors or public officials;
25. "Public official" means an elected or appointed official in the executive or legislative branch of a political subdivision of the state; |
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Oregon |
TITLE 22. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 244. GOVERNMENT STANDARDS AND PRACTICES
GENERAL PROVISIONS
ORS § 244.020 (2005) - Definitions
(15) "Public official" means any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body of the state as an officer, employee, agent or otherwise, and irrespective of whether the person is compensated for such services.
TITLE 17. STATE LEGISLATIVE DEPARTMENT AND LAWS
CHAPTER 171. STATE LEGISLATURE
LOBBYING REGULATION
ORS § 171.725 (2005) - Definitions
(11) "Public official" means any member or member-elect of any public agency and any member of the staff or an employee of the public agency. |
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Pennsylvania |
65 Pa.C.S. § 1102 (2007) - Definitions
"Public official." Any person elected by the public or elected or appointed by a governmental body or an appointed official in the executive, legislative or judicial branch of this Commonwealth or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense or to otherwise exercise the power of the State or any political subdivision thereof. |
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Rhode Island |
R.I. Gen. Laws § 36-10.1-2 (2007) - Definitions
(b) "Public official" or "public employee" shall mean any current or former state or municipal elected official as defined in section 36-14-2(10), state or municipal appointed official as defined in section 36-14-2(4), and any employee of state or local government, of boards, commissions or agencies as defined in section 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is receiving retirement benefits under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in public employment. |
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South Carolina |
S.C. Code Ann. § 8-13-100 (2006) - Definitions.
(27) "Public official" means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereof, including candidates for the office. "Public official" does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter. |
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South Dakota |
S.D. Codified Laws § 3-1-10 (2007) - Definitions
The terms "office," "officer," "executive," and "administrative," when used in § 3-1-8 or 3-1-9 mean and apply to any executive or administrative officer of the state; to any county, municipality, township, or school district; and to any district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the state. The terms "executive" and "administrative" apply interchangeably to any or all of said offices. |
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Tennessee |
Title 2 Elections
Chapter 10 Campaign Finances
Part 1 - Financial Disclosure
Tenn. Code Ann. § 2-10-116 (2007) - Honorarium defined - Acceptance of honorarium by public official.
(c) As used in this section, "public official" means:
(1) Each person holding any state public office filled by the voters;
(2) Each person holding any local public office filled by the voters;
(3) Each member of the governor's cabinet; and
(4) Each cabinet level staff person employed within the governor's office.
Title 8 Public Officers And Employees
Chapter 4 Comptroller of the Treasury
Part 5 - Local Government Instances of Fraud Reporting Act
Tenn. Code Ann. § 8-4-502 (2007) - Part definitions.
As used in this part, unless the context otherwise requires:
(2) "Public official" means a person elected or appointed to any office of a public entity; |
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Texas |
Tex. Gov't Code § 572.002 (2007) - General Definitions
(1) "Appointed officer" means:
(A) the secretary of state;
(B) an individual appointed with the advice and consent of the senate to the governing board of a state-supported institution of higher education;
(C) an officer of a state agency who is appointed for a term of office specified by the Texas Constitution or a statute of this state, excluding an appointee to a vacated elective office; or
(D) an individual who is a member of the governing board or commission of a state agency, who is not appointed, and who is not otherwise:
(i) an elected officer;
(ii) an officer described by Paragraphs (A) through (C); or
(iii) an executive head of a state agency.
(4) "Elected officer" means:
(A) a member of the legislature;
(B) an executive or judicial officer elected in a statewide election;
(C) a judge of a court of appeals or of a district court;
(D) a member of the State Board of Education;
(E) a district attorney or criminal district attorney; or
(F) an individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision.
(11) "State employee" means an individual, other than a state officer, who is employed by:
(A) a state agency;
(B) the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial Council; or
(C) either house of the legislature or a legislative agency, council, or committee, including the Legislative Budget Board, the Texas Legislative Council, the State Auditor's Office, and the Legislative Reference Library.
(12) "State officer" means an elected officer, an appointed officer, a salaried appointed officer, an appointed officer of a major state agency, or the executive head of a state agency. |
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Utah |
Utah Code Ann. § 36-11-102 (2007) - Definitions
(14) "Public official" means:
(a) (i) a member of the Legislature;
(ii) an individual elected to a position in the executive branch; or
(iii) an individual appointed to or employed in the executive or legislative branch if that individual:
(A) occupies a policymaking position or makes purchasing or contracting decisions;
(B) drafts legislation or makes rules;
(C) determines rates or fees; or
(D) makes adjudicative decisions; or
(b) an immediate family member of a person described in Subsection (14)(a). |
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Vermont |
2 V.S.A. § 261 (2007) - Definitions
(7) "Legislator" means any member or member-elect of the general assembly.
(11) "State officer" means the governor, lieutenant governor, attorney general, secretary of state, state treasurer and auditor of accounts. |
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Virginia |
Va. Code Ann. § 42.1-77 (2007) - Definitions
"Public official" means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions. |
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Washington |
TITLE 42. PUBLIC OFFICERS AND AGENCIES
CHAPTER 42.17. DISCLOSURE -- CAMPAIGN FINANCES -- LOBBYING
Rev. Code Wash. (ARCW) § 42.17.020 (2007) - Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(41) "Public office" means any federal, state, judicial, county, city, town, school district, port district, special district, or other state political subdivision elective office.
TITLE 42. PUBLIC OFFICERS AND AGENCIES
CHAPTER 42.52. ETHICS IN PUBLIC SERVICE
Rev. Code Wash. (ARCW) § 42.52.010 (2007) - Definitions
(18) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state. "State officer" includes judges of the superior court, judges of the court of appeals, justices of the supreme court, members of the legislature together with the secretary of the senate and the chief clerk of the house of representatives, holders of elective offices in the executive branch of state government, chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and employees of the state who are engaged in supervisory, policy-making, or policy-enforcing work. For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a state officer. |
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West Virginia |
W. Va. Code § 6B-1-3 (2007) - Definitions.
(j) "Public official" means any person who is elected or appointed to any state, county or municipal office or position and who is responsible for the making of policy or takes official action which is either ministerial or nonministerial, or both, with respect to: (1) Contracting for, or procurement of, goods or services; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de minimis nature on the interest or interests of any person. |
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Wisconsin |
Wis. Stat. § 19.42 (2006) - Definitions
(7x) "Local public official" means an individual holding a local public office.
(13) "State public office" means:
(a) All positions to which individuals are regularly appointed by the governor, except the position of trustee of any private higher educational institution receiving state appropriations and the position of member of the district board of a local professional baseball park district created under subch. III of ch. 229 and the position of member of the district board of a local cultural arts district created under subch. V of ch. 229.
(b) The positions of associate and assistant vice presidents of the University of Wisconsin System and vice chancellors identified in s. 20.923 (5)
(c) All positions identified under s. 20.923 (2), (4), (4g), (6) (f) to (h), (7), and (8) to (10), except clerical positions.
(e) The chief clerk and sergeant at arms of each house of the legislature or a full-time, permanent employee occupying the position of auditor for the legislative audit bureau.
(f) A member of a technical college district board or district director of a technical college, or any position designated as assistant, associate or deputy district director of a technical college.
(g) The members and employees of the Wisconsin Housing and Economic Development Authority, except clerical employees.
(h) A municipal judge.
(i) A member or the executive director of the judicial commission.
(j) A division administrator of an office created under ch. 14 or a department or independent agency created or continued under ch. 15.
(k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.
(l) The members and employees of the World Dairy Center Authority.
(m) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
(n) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.
(o) The position of member, executive director, or deputy director of the sentencing commission.
(14) "State public official" means any individual holding a state public office. |
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Wyoming |
Wyo. Stat. § 9-13-102 (2007) - Definitions.
(xiv) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in a state or local office, whether or not the individual has yet assumed the office; |
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Guam
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4 GCA § 13102 (2007) - Definitions for Purposes of This Act.
(a) The term official means any person elected to any public office in Guam and any person appointed, with legislative concurrence or by the Guam Legislature, to any public office, to include, but not limited to:
(1) all elected officials;
(2) officials appointed by the Governor whose appointment is subject to the consent of the Guam Legislature, except ex-officio and student members of Boards and Commissions in their capacity as members of such Boards and Commissions; and
(3) the chief executive officers, by whatever title they may be known, of all agencies and instrumentalities of the government of Guam whether or not confirmation by the Guam Legislature is required. |
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Puerto Rico
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3 L.P.R.A. § 1802 (2005) - Definitions
For purposes of this chapter, the words or phrases enumerated herein shall have the meaning indicated below, unless another meaning can be clearly derived from the context:
(a) Public official. Includes those persons filling offices or are employed in the Government of the Commonwealth of Puerto Rico who are vested with part of the sovereignty of the Commonwealth, therefore, they intervene in the formulation and implementation of the public policy. |
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U.S. Virgin Islands
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5 V.I.C. § 931 (2007) - Definitions
As used in section 932 of this title and its exceptions and in the following sections,
(4) "Public official" of a State, territory, commonwealth, or possession of the United States includes an official of a political subdivision of such State, territory, commonwealth, or possession, and of a municipality. |
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