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Topic: Official capacity

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	Ethics: Advisory Opinion 2006-5
		Whether there exists a definition of the phrase “official capacity,” as used in § 1-84 (k); and whether § 1-84 (k)’s prohibition on accepting fees and honoraria for activities conducted in one’s official capacity supersedes a union contract clause that sanctions the acceptance of honoraria in such circumstances.
		If a scientist was asked to give a speech in his or her official capacity, then he or she may, nevertheless, accept payment or reimbursement for necessary expenses incurred in connection with such activity.
		First, the phrase “official capacity,” as used in § 1-84 (k), means that the public official’s or state employee’s official position or authority was a significant factor in the decision to extend the invitation.
	www.ct.gov /ethics/cwp/view.asp?a=2305&q=316912 (510 words)

	Official - Wikipedia, the free encyclopedia
		An official language is a language recognised by a government, for its own use in administration, or for the use of citizens (for example on signposts).
		An official spokesperson would be an individual empowered to speak for the government, or some part of it such as a ministry, on a range of issues and on the record for the media.
		An official strike is a strike organised and recognised by a labour union, as opposed to an unofficial strike at grassroots level.
	en.wikipedia.org /wiki/Official (673 words)

	[No title]
		A suit against a police officer in his official capacity is merely another way of pleading a suit against the governmental entity of which the officer is an agent.
		Official immunity is an affirmative defense; therefore, the burden is on the defendant to establish all elements of the defense.
		Finally, an official acts in good faith if "a reasonably prudent official, under the same or similar circumstances, could have believed that his conduct was justified based on the information he possessed when the conduct occurred." Ballantyne, 2004 WL 1533950 at *9; Chambers, 883 S.W.2d at 656-57.
	www.law.com /jsp/tx/LawDecisionFriendlyTX.jsp?id=1094073283725 (4547 words)

	Whether a judge is disqualified from hearing a case in which the judge’s brother-in-law is a nominal party, in his ...
		The head of a certain government agency is frequently named, in his or her official capacity, as a defendant in lawsuits.
		The official currently holding that position is a relative within the third degree of relationship to a judge in the county where those lawsuits are filed.
		This inquiry raises the question whether a government official named as a party to a lawsuit in their official capacity is necessarily considered a "party" for purposes of the judge’s duty to disqualify in cases involving a party who is a relative within the third degree of relationship.
	ija.org /ethicsop/opinions/03-03.htm (1206 words)

	[No title]
		The claims considered in Will were official-capacity claims, and the phrase "acting in their official capacities" is best understood as a reference to the capacity in which the state officer is sued, not the capacity in which the officer inflicts the alleged injury.
		Her assertion that acts that are both within the official's authority and necessary to the performance of governmental functions (including the employment decisions at issue) should be considered acts of the State that cannot give rise to a personal-capacity action is unpersuasive.
		Of course, the claims considered in Will were official-capacity claims; the phrase "acting in their official capacities" is best understood as a reference to the capacity in which the state officer is sued, not the capacity in which the officer inflicts the alleged injury.
	www.constitution.org /ussc/502-021.txt (3124 words)

	The USDA Office of Ethics -- Rules of the Road
		The Department of Justice has determined that service by a Federal official in his or her official capacity on the board of directors of an outside organization may, under certain circumstances, constitute a conflict of interest under 18 U.S.C. § 208(a).
		Unless "significant participation" in an official capacity is required expressly by statute (see III.1, above), the agency always should consider whether there is a legitimate agency need to have an agency employee engaged in official "significant participation" with that organization.
		Finally, if there is no clear authority for "significant participation" in an official capacity, but the employee or his or her agency still seeks to engage in such participation in an official capacity, he or she may request an individual waiver, under 18 U.S.C. § 208(b), permitting the participation.
	www.usda-ethics.net /rules/rule11.htm (1091 words)

	Interior minister visits mainland in official capacity (Site not responding. Last check: 2007-10-21)
		Chang not only passed through customs with an official invitation from the PRC government addressing her as minister, but was also given immediate entry without an interview.
		Chang expressed her satisfaction at the handling of affairs by mainland officials, and is hoping to take advantage of the meeting to exchange experiences with women leaders from many different professions in preparation for the 14th ministerial meeting in Mexico next year.
		Although Chang said she was very impressed with the protocol displayed on her first day in Beijing, she added that she was not sure if this indicated a complete change of behavior, as China often reacts differently to Taiwan participation depending on the significance of a particular event.
	www.taiwanheadlines.com /20010821/20010821p2.html (320 words)

	PER 00-00-002 - PER 3-0.4 - OSHA Personnel Participation in Non-governmental Organizations
		Official or personal service in outside organizations by OSHA employees likewise may be beneficial to the employee, the Agency and the outside organization, absent legal or other barriers to such participation.
		OSHA employees serving in an official capacity may not vote, whether the vote is recorded or not, to assure that Agency impartiality is retained, as outside organizations often develop official positions on matters that are or may in the future come before OSHA or another Federal body.
		Note that when an employee is serving in his or her official capacity, the employee can use official time, resources and his or her official title in connection with his or her service; and the employee is banned from receiving outside compensation for such service.
	www.osha.gov /pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3017 (4377 words)

	APPLICABILITY OF 18 U.S.C. § 208 TO SERVICE BY FEDERAL OFFICIALS ON THE DISTRICT OF COLUMBIA DOWNTOWN BUSINESS ...
		Accordingly, a federal official who serves on the board of a BID Corporation in his or her governmental capacity will not be a director of an outside organization within the meaning of § 208, and that section's restrictions will not bar such service.
		Accordingly, in the event of any conflict, a federal official serving as a BID Corporation director in his or her governmental capacity is authorized by the BID Act to serve the interests of the United States without violating his or her duty to the BID Corporation under District of Columbia law.
		Thus a GSA official serving on the board of the Downtown BID Corporation in his or her official capacity would not be a "director" within the meaning of § 208(a), and that section's proscriptions would not bar the official's service.
	biotech.law.lsu.edu /blaw/olc/gsa208fn.htm (1960 words)

	Arkansas Ethics Commission -- Opinions -- Advisory Opinion #99-EC-007
		The public servant must be appearing in his or her official capacity and the appearance must bear a relationship to the public servant’s office or position.
		[a] public official is acting in his official capacity when he is asked to participate because of his official status.
		Thus the test for determining whether a public appearance for a private concern is an outgrowth of the person’s official capacity is whether the person would not have been asked to appear or speak on a private matter but for his official...status or position.
	www.arkansasethics.com /opinions/99-EC-007.htm (2626 words)

	Official
		An official is, in the primary sense, someone who holds an office in an organisation, of any kind.
		For example, in baseball, the official scorer is a person appointed with a duty to keep the score, and make a definitive record.
		For example, an official holiday is a public holiday, having national (or regional) recognition.
	www.brainyencyclopedia.com /encyclopedia/o/of/official.html (542 words)

	Crowd Dynamics Limited - Crowd Disasters
		Egyptian officials are investigating the circumstances that led to one of the worst rail disasters in the country's history.
		Officials said phones were apparently used as detonators on the 10 bombs that tore through four rush-hour trains.
		Intelligence ministry officials were seen taking away pieces of the heater to determine the cause of the blaze The Arg mosque is near Tehran's sprawling bazaar and is used for political meetings of the bazaar's conservative guilds.
	www.crowddynamics.com /Main/Crowddisasters.html (19001 words)

	[No title]
		THE CITY OF PHILADELPHIA; JOAN REEVES, in her official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; ALBERT F. each in his or her official capacity as a member of the Board of Trustees of the Philadelphia Prison System; J.
		EDWARD G. RENDELL, in his official capacity as Mayor of the City of Philadelphia, Theodore Levine, in his official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; Albert F. Campbell, Rosita Saez-Achilla, Genece E. Brinkley, Esq., Rev. Paul M. Washington, M. Mark Mendel, Hon.
		Edward G. Rendell, in his official capacity as Mayor of the City of Philadelphia; and the City of Philadelphia, Appellants On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ.
	vls.law.vill.edu /Locator/3d/Sept1994/94a0845p.doc (2334 words)

	FR Doc 04-28668
		Treasurers in Their Official Capacity Clearly indicating that the current treasurer is a party to an enforcement proceeding in his or her official capacity will improve the Commission's enforcement of the law in a number of ways.
		A probable cause finding against a treasurer in his or her official capacity makes clear to a district court in enforcement litigation that the Commission is seeking relief against the committee, and would only entitle the [[Page 5]] Commission to obtain a civil penalty from the committee.
		If the Commission were to pursue a treasurer both officially and personally and this treasurer is later replaced, the Commission could pursue the predecessor treasurer for any violations for which he or she is personally liable, and substitute the successor treasurer for official capacity violations.
	a257.g.akamaitech.net /7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/04-28668.htm (2835 words)

	Official Duty Activity
		Official Duty Activities are those activities performed by an employee as part of, or an extension of, regular official responsibilities.
		Official Time: An employee who performs his/her officially assigned duties and responsibilities with outside organizations is working on official time and therefore he/she is not required to take annual leave or leave without pay.
		Use of Official Titles: Outside organizations may use the official titles of an employee as a reference, identifier, or to promote attendance at public meetings or presentations, when the employee is participating in an official capacity.
	ethics.od.nih.gov /topics/official.htm (1644 words)

	Adv Op No 86-2 (Site not responding. Last check: 2007-10-21)
		The Commission received a request for an advisory opinion from a state official on the question of whether he could serve in his official capacity as one of the members of the board of directors of a private, nonprofit corporation.
		Because state employees who serve in their official capacities as directors or officers of private corporations have no "personal" financial interests in the corporations, the Commission believes that HRS §84-14(b) does not necessarily prohibit them from accepting directorships or officerships with the private corporations.
		Because the particular facts of a case may affect the applicability of HRS §84-14(b), the Commission requires that all cases in which state employees may serve in their official capacities as directors or officers of private corporations be cleared with the Commission.
	www.state.hi.us /ethics/opinions/AO86-2.HTM (1303 words)

	Case Cites on Official Capacity (Site not responding. Last check: 2007-10-21)
		The rule in this circuit is that a Louisiana district attorney, sued in his or her official capacity, is a local government official who is not entitled to Eleventh Amendment immunity.
		In a suit under Louisiana tort law against a sheriff, seeking to hold him vicariously liable for the tort of his employee or deputy, and not because of the sheriff's own negligence, the sheriff in his official capacity is the appropriate governmental entity on which to place responsibility for the torts of a deputy sheriff.
		Unlike various government officials, when sued in their personal or individual capacities, municipalities do not enjoy immunity from suit -- either absolute or qualified -- under § 1983.
	www.informed.org /Cases/officialcapacity.htm (1836 words)

	Geiger & Rothenberg: Decisions
		Ruling that Frank had withdrawn her claim asserted against Relin in his official capacity, the district court dismissed the remainder of her complaint on the ground that Relin had qualified immunity with respect to the claim brought against him in his individual capacity.
		For example, when the face of a complaint fails to state clearly whether a government official is being sued in his official capacity, or his individual capacity, or both, courts look to "'the course of proceedings'" to determine "the nature of the liability to be imposed." Kentucky v.
		Thus, a plaintiff who has not clearly identified in her complaint the capacity in which the defendant is sued should not have the complaint automatically construed as focusing on one capacity to the exclusion of the other.
	www.geigroth.com /decisions/dec18.htm (6170 words)

	Generating Capacity Shortage Plan (Site not responding. Last check: 2007-10-21)
		The plan: (1) provides for early identification of situations that could lead to electricity shortages; (2) coordinates actions among utilities, regulators, and state and local emergency agencies, (3) establishes a communication network to assist consumers during an electricity shortage; and (4) issues appeals for voluntary conservation.
		The Advisory is triggered by either (1) a forecast of extreme temperatures around the state or (2) a public conservation appeal by an individual utility, or (3) disruption of the gas pipeline(s) serving the FRCC Region may threaten to adversely affect the generation capacity in the FRCC Region.
		A "Generating Capacity Emergency" occurs when firm load is lost or, in other words, flouts occur or are inevitable somewhere in Florida.
	www.frcc.com /capplan.htm (1568 words)

	FR Doc 04-1790
		Introduction The Commission proposes modifying its current practice to name more clearly treasurers in their ``official'' and/or ``personal'' capacities.\1\ Specifically, when a complaint asserts sufficient allegations to warrant naming a committee as a respondent, the committee's current treasurer would also be named as a respondent in his or her official capacity.
		A probable cause finding against a treasurer in his or her official capacity would make clear to a district court in enforcement litigation that the Commission is seeking relief against the committee, and would only entitle the Commission to obtain a civil penalty from the committee.
		If the Commission were to pursue a treasurer both officially and individually and this treasurer is later replaced, the Commission would continue to pursue the predecessor treasurer for any violations for which he or she is personally liable, and substitute the successor treasurer for official capacity violations.
	a257.g.akamaitech.net /7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-1790.htm (2745 words)

	HaferMelo2
		Her assertion that acts that are both within the official's authority and necessary to the performance of governmental functions (including the [***3] employment decisions at issue) should be considered acts of the State that cannot give rise to a personal-capacity action is unpersuasive.
		Suits against state officials in their official capacity therefore should be treated as suits against the State.
		State officers sued for damages in their official capacity [***12] are not "persons" for purposes of the suit because they assume the identity of the government that employs them.
	filebox.vt.edu /faculty/aaup/HaferMelo2.htm (3258 words)

	Informal Adv Op 96-4 (Site not responding. Last check: 2007-10-21)
		The official explained that generally, his role in contracts with Company C was to execute the contract on behalf of the State after his staff had determined the need and executed the bid or the sole source award of the contract.
		On the one hand, because it appeared that the official took significant official action with respect to each of the donors of the golf tournament invitations, and because the invitations received by the official were of substantial value, serious questions arose as to whether his acceptance of the invitations was permissible under HRS section 84-11.
		In the official's case, it appeared that he was invited to participate in the five events as a representative of state government, and in some instances, as a substitute for the Governor.
	www.hawaii.gov /ethics/opinions/IAO96-4.HTM (5833 words)

	Converted file pdm
		Boatwright, in his official capacity as Indiana State Fire Marshall, filed a complaint for declaratory judgment against Fireworks asking the Marion County Circuit Court to declare that Indiana Code section 22-11-14-2 does not authorize the retail sale of fireworks that are prohibited from being sold at retail to the public by Indiana Code section 22-11-14-8.
		But a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office.
		The same reasons behind this proscription apply whether the case is brought in the name of the state agency or in the name of a state actor in his or her official capacity as the agency head.
	www.in.gov /judiciary/opinions/previous/archive/01110101.pdm.html (1172 words)

	sec (Site not responding. Last check: 2007-10-21)
		A public official, public member, or public employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which affects an economic interest of himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated shall:
		A final exception to the recusal requirement is that situation in which the public official sits on a board in his official capacity as a council member.
		In order to be serving in his official capacity, the public official must sit on a board, foundation, agency, etc. which is an arm or child of the council, i.e.
	www.state.sc.us /ethics/ao2000-011.htm (1227 words)

	[No title]
		Although a plaintiff generally designates in the caption of his or her complaint in what capacity a defendant is being sued, this caption is not determinative on whether or not a defendant is actually being sued in his or her individual or official capacity.
		If the plaintiff fails to advance any allegations in his or her complaint other than those relating to a defendant's official duties, the complaint does not state a claim against a defendant in his or her individual capacity, and instead, is treated as a claim against defendant in his official capacity.
		In this case, plaintiff's complaint does not mention the words "individual" or "individual capacity" or the words "official" or "official capacity." In paragraph 4 of his complaint, however, plaintiff alleges that "[d]efendant was operating.
	www.ibiblio.org /pub/docs/nc-supreme-court/nov1693/ashburn.asc (1161 words)

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