Legal Definitions - official misconduct

Official misconduct refers to a serious breach of duty or an abuse of power by someone holding a public office or working as a public servant. It occurs when a public employee or official intentionally acts improperly or fails to act when required, with the goal of gaining an advantage for themselves or someone else, or to cause harm to another person.

A public servant is any individual who works for the government, whether at the local, state, or federal level. This includes elected officials, police officers, government clerks, and other public employees.

For an action or inaction to be considered official misconduct, two key elements are generally required:

• Intent to obtain a benefit or deprive another of a benefit: The public servant must act with the specific purpose of gaining an advantage for themselves, for someone else they favor, or to cause a disadvantage to another person. A "benefit" can encompass more than just money; it might include avoiding trouble, receiving preferential treatment, or securing a promotion.
• Knowing unauthorized action or inaction: The public servant must either perform an act they know is outside their official powers or knowingly fail to perform a duty that is clearly required by their job or by law. This means that honest mistakes, errors in judgment, or actions taken without malicious intent typically do not qualify as official misconduct.

Here are some examples illustrating official misconduct:

• Example 1: Unauthorized Act for Personal Gain

  A county procurement officer, responsible for awarding contracts for public projects, secretly owns a significant share in a construction company. When a new bridge project is put out for bid, the officer uses their position to manipulate the bidding process, providing inside information to their own company to ensure they win the lucrative contract, even though their bid was not the most competitive or qualified.

  Explanation: The procurement officer is a public servant. They committed an unauthorized act (manipulating the bidding process) with the intent to obtain a financial benefit (the contract and profit) for themselves and their company, knowing that such actions are a clear abuse of their official functions and a violation of fair bidding practices.

• Example 2: Failure to Perform Duty to Benefit a Third Party

  A building inspector discovers serious structural code violations during a routine inspection of a new apartment complex. However, the developer of the complex is a major donor to a political campaign that the inspector's spouse is managing. To avoid jeopardizing the campaign's funding, the inspector intentionally fails to report the violations and issues a false certificate of occupancy.

  Explanation: The building inspector is a public servant. They knowingly refrained from performing a duty (reporting code violations and ensuring safety standards) that is imposed by law, with the intent to provide a benefit (avoiding costly repairs and negative publicity) to a third party (the developer and indirectly the political campaign), knowing this inaction was a dereliction of their official responsibilities.

• Example 3: Unauthorized Act to Deprive a Benefit

  A government clerk working in the social services department has a personal grudge against a particular family in the community. When that family submits an application for essential public assistance, the clerk intentionally "loses" their paperwork multiple times and provides incorrect information about the application process, causing significant delays and preventing the family from receiving the aid they are legally entitled to.

  Explanation: The government clerk is a public servant. They committed unauthorized acts (intentionally losing paperwork and providing false information) with the intent to deprive another person (the family) of a benefit (public assistance), knowing that obstructing a legitimate application process is not part of their official duties and is an abuse of their position.