We have the Upton Economic Development Board, that does wonderful work for our little town, however, the question of whether or not this Board is subject to WAPA rules has come up and I can’t find a definitive answer in the statutes or training materials from our March workshop. They are NOT appointed by the Town or the County (at one time it was a joint powers board of sort but it’s a nonprofit now), though they do currently have a sitting County Commissioner on the Board and at one time they had a sitting City Councilperson. Does having an elected official on a board change what rules apply?
Douglas ~ We have a similar set up here with our economic development group; they are a non-profit vs. a Joint Powers Board. I don’t think WAPA Rules would apply unless it states within the organizations bylaws that those rules must be considered. I think what you have to rely on is the bylaws. And I also do not feel having an elected official on the non-profit board changes anything, because the bylaws are what apply. That Board isn’t subject to Council approval of items. If your Council gives the organization money, as ours does, you may consider having your elected official an ex-officio member so that they are not making financial decisions for the board. I don’t think it’s actually a conflict (no direct benefit to the Council member) but there could be a perception that it’s a conflict, and sometimes that can be bad also.