Red Lined Board Policy BHA Board Member Conflict of Interest

                                                                                                     Board Policy Manual
                                                                                             DeKalb County School District




 Board Policy BHA: Board Member Conflict of Interest                                                       Status: DRAFT - 1st
                                                                                                                      Reading
 Original Adopted Date: 09/11/2000 | Last Revised Date: 11/01/2010 | Last Reviewed Date: 11/06/2024

Red Lined Version


Members of the DeKalb County Board of Education will shall adhere to these Conflict of Interest provisions as set
forth in state law.
  A. Financial Governance
         1. No Board member will shall use or attempt to use his or her the member's official position to secure
            unwarranted privileges, advantages, or employment for himself or herself, for any member, for any Board
            member's of his or her immediate family, for any business organization with which the Board member is
            associated, or for any others.
         2. No Board member, or any member of his or her a Board member's immediate family, or any business
            organization with which he or she the Board member is associated will shall sell supplies or equipment
            used, consumed, or necessary in the operation of the DeKalb County School District. Any member
            violating this paragraph will shall be guilty of a misdemeanor.
                a. It will shall not constitute a violation of this paragraph for a Board member to sell supplies or
                   equipment used, consumed, or necessary in the operation of the DeKalb County School District if
                   there are fewer than three sources for such supplies or equipment within the county.
                b. Any such purchase of $10,000.00 or more will shall be approved by a majority of the Board
                   members in an open public meeting.

         3. No Board member will shall act in his or her official capacity in any matter in which he or she, any
            member of his or her a Board member's immediate family, or any business organization in which he or
            she a Board member is associated has a material financial interest, if such interest would reasonably be
            expected to impair his or her the Board member's objectivity or independence of judgment. Acts that
            comply with subparagraphs (a) and (b) of paragraph 2 above will shall not constitute a violation of this
            paragraph.

         4. No Board member or any member of a Board member’s immediate family may be an officer of or have
            any financial interest in any for-profit organization that sells or leases goods or services to the District
            except as provided in subparagraphs (a) and (b) of paragraph 2 above.
         5. No Board member will shall solicit or accept, or knowingly allow any member of his or her immediate
            family or any business organization in which he or she is associated to solicit or accept, any gift, favor,
            loan, political contribution, service, promise of future employment, or other thing of value based upon an
            understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given
            or offered for the purpose of influencing that Board member in the discharge of his or her the Board
            member's official duties.
                a. This paragraph will shall not apply to the solicitation or acceptance of campaign contributions by a
                   Board member who has announced that he or she is they are a candidate for Board office if the
                   Board member has no knowledge or reason to believe that the campaign contribution, if accepted,
                   was given with the intent to influence the Board member in the discharge of his or her official
                   duties.
                b. For purposes of this paragraph, a gift, favor, loan, contribution, service, promise, or other thing of
                   value will shall not include the following items:
                       1. Food or beverage consumed at a single meal or event;
             2. Legitimate salary, benefits, fees, commissions, or expenses associated with a Board
                member’s nonpublic business, employment, trade, or profession;
             3. An award, plaque, certificate, memento, or similar item given to a Board member in
                recognition of his or her civic, charitable, political, professional, or public service;
             4. Food, beverages, and registration at group events to which all Board members are invited;
             5. Actual and reasonable expenses for food, beverages, travel, lodging, and meeting registration
                which are provided to permit a Board member to participate in or speak at the meeting;
             6. A commercially reasonable loan made in the ordinary course of business;
             7. Any gift with a value less than $100.00;
             8. Promotional items generally distributed to the general public or to Board members;
             9. A gift to a Board member from that Board member’s immediate family; or

            10. Food, beverage, or expenses provided to Board members, members of their immediate
                families, or others that are associated with normal and customary business or social
                functions or activities.
 6. No Board member will shall use, or knowingly allow to be used, his or hertofficial t the Board member's
    official position or any information not generally available to the public which he or she the Board
    member receives or acquires in his or her the Board member's capacity as a Board member for the
    purpose of securing financial gain for himself or herself, the Board member, any member of his or her the
    Board member's immediate family, or any business organization with which he or she a Board member is
    associated.

 7. No Board member, any member of his or her a Board member's immediate family, or any business
    organization in which he or she is associated will shall represent any person or party other than the
    Board or the District in connection with any matter pending before the Board or in any proceeding
    involving the Board or the District.
 8. No Board member will shall be prohibited from requesting information on behalf of a resident of the
    District if no fee, reward, or other thing of value is promised to, given to, or accepted by the Board
    member, any member of his or Hera a Board member's immediate family, or any business organization
    with which the Board member is associated in return therefor.
 9. No Board member will shall be deemed in conflict with the provisions of this policy if, by reason of his or
    her the Board member's participation in any matter required to be voted upon by the Board, no material
    or monetary gain accrues to him or her or any member of his or her the Board member's immediate
    family as a member of any profession, occupation, or group to any greater extent than could reasonably
    be expected to accrue to any other member of that profession, occupation, or group.
10. This Board will shall not do business with any bank or financial institution where a Board member or any
    member of his or her the Board member's immediate family is an employee, director, or officer, or where
    such Board member, any member of his or her the Board member's immediate family, or any business
    organization with which the Board member is associated, owns 30% or more of the capital stock in that
    institution.
11. No Board member, or any member of his or her a Board member's immediate family or any business
    organization with which the Board member is associated, may have a financial interest in school buses,
    bus equipment or supplies, provide services for buses owned by the Board, or sell gasoline to the Board
    for use in school buses owned by the Board.
    12. No Board member will shall accept a monetary fee or honorarium in excess of $101.00 for a speaking
        engagement or for participation in a seminar, discussion panel, or other activity which directly relates to
        the Board member’s official duties or his or her office as a Board member. Actual and reasonable
        expenses for food, beverages, travel, lodging, and registration which are provided to enable the Board
        member’s participation in such an activity will shall not be counted toward the monetary fee or honoraria
        limit.
B. Conduct As Board Member
      1. No Board member will shall disclose information or materials that are subject to the Board’s attorney-
         client privilege to anyone other than other Board members, the Board attorney, the Superintendent, or
         persons specifically designated by the Superintendent, unless such privilege has been waived by a
         majority vote of the whole Board. Each Board member acknowledges that individual Board members do
         not have the right or the power to waive the attorney-client privilege belonging to the Board.
      2. No Board member will shall vote on the employment or promotion of any member of his or her the
         Board member's immediate family. A public, recorded vote must be taken separately from all other
         personnel matters before a member of a Board member’s immediate family may be employed or
         promoted.
      3. No Board member may be employed in any position in the District.
      4. No Board member will shall hold another county office.
      5. No Board member will shall be employed by the State Department of Education or serve concurrently as
         a member of the State Board of Education.
      6. No Board member will shall serve on the governing body of a private elementary or secondary
         educational institution.
C. Disclosure of Conflicting Interest Policy
   Whenever a Board member is required by this policy to refrain from voting on a matter, the Board memberwill
   shall fully disclose the reason for not voting to the other Board members and the public.
D. Enforcement of Board Member Conflict of Interest Policy
   This policy will shall be enforced in the manner set out in the Board Member Code of Ethics Policy, Descriptor
   Code BH, Paragraph L.
E. Board Eligibility
   Each member of this Board understands and acknowledges that no person will shall be eligible for election as a
   member of this Board unless he or she:
      1. Has read and understands the Board Member Code of Ethics (Policy BH) and the provisions of this Board
         Member Conflict of Interest (Policy BHA), and has agreed to abide by them; and
      2. Has agreed to disclose annually his or her compliance with the State Board of Education's training policy,
         code of ethics, and conflict of interest provisions for school board members.
   Before any person may qualify to run for office as a member of the DeKalb County Board of Education, he or
   she they will shall file an affidavit with election officials, affirming that he or she they meets all of the
   qualifications required by law, including the provisions stated in this policy. This requirement will shall apply
   only to Board members elected or appointed on or after July 1, 2010.
F. Definition of Immediate Family
   As used in this policy, the term “member of immediate family” or “immediate family member” means a spouse,
   child, sibling, or parent or the spouse of a child, sibling, or parent.
G. References

     1. 20-2-63(a)(1-6, 7-8): Board Member Conflict of Interest
     2. 20-2-505: School board members prohibited from selling school supplies or equipment to county board
     3. 20-2-505.1: Board transacting business with bank or similar institution in which member has interest
     4. 20-2-1072: Financial interest in transportation services by board members/superintendent prohibited
     5. 21-5-11: Acceptance by public officers of monetary fees or honoraria
     6. 20-2-63(a)(7): Board member conflict of interest
     7. 20-2-58.1: Employment of family members
     8. 20-2-51(c)(2): Eligibility for office
     9. 45-2-2: Person to hold only one county office
    10. 20-2-51(c)(3): Eligibility for office
    11. 20-2-51(a): Eligibility for Office
    12. 20-2-51(e): Eligibility for office