Agenda Item
5. Ready For Action: Board Policy BH: Board Code of Ethics ~ Updated 1.13.2025
Summary: Presented by: Ms. Mariel Smith, Legal Counsel, Hall Booth Smith, PC, Attorneys at Law
Request: It is requested that the Board of Education amend Board Policy BH: Board Code of Ethics.
Why: The Board Policy Review Committee met and conferred regarding Board Policy BH: Board Code of Ethics and determined the current language requires updates and recommended the proposed revisions.
Details: The purpose of the Board Policy Review Committee is to ensure the ongoing review, development, and refinement of Board policies governing the District. The Board Policy Review Committee has the goal of promoting transparency, accountability, and compliance with state, local, and federal laws while fostering a safe, equitable, and inclusive environment for all within the District. The Policy Review Committee determined the current language requires updates and recommends the proposed revisions.
Financial impact: No Financial Impact to the District
Contact: Ms. Melanie Slaton, General Counsel, Hall Booth Smith, PC. Attorneys at Law, 404.954.5000
Effective: Upon Board Approval
Status: Attorney Approval Not Required
Board Policy Manual
DeKalb County School District
Board Policy BH: Board Code of Ethics Status: DRAFT -
1st Reading
Original Adopted Date: 04/12/2010 | Last Revised Date: Pending | Last Reviewed Date:
11/06/2024
Red Lined Version
Board Code of Ethics
The DeKalb County Board of Educa on, desiring to carry out its responsibili es in the most ethical
and conscien ous manner possible, adopts this Code of Ethics and each member of the Board
agrees that he or she will:
Domain I: Governance Structure
1. Recognize that the authority of the Board rests only with the Board as a whole and not with
individual Board members and act accordingly.
2. Support the delega on of authority for the day-to-day administra on of the School District
to the Superintendent and act accordingly.
3. Honor the chain of command and refer problems or complaints consistent with the chain of
command.
4. Recognize that the Superintendent should serve as secretary, ex-officio to the Board and
should be present at all mee ngs of the board except when the Superintendent's his or her
contract, salary or performance is under considera on.
5. Not undermine the authority of the Superintendent or intrude into responsibili es that
properly belong to the Superintendent or school administra on, including such func ons as
hiring, transferring, or dismissing employees.
6. Use reasonable efforts to keep the Superintendent informed of concerns or specific
recommenda ons that any Board member may bring to the Board.
Domain II: Strategic Planning
1. Reflect through their ac ons that the educa onal welfare and academic achievement of the
School District’s students is the top priority.
2. Par cipate in all planning ac vi es to develop the vision and goals of the Board and the
School District.
3. Work with the Board and the Superintendent to ensure prudent and accountable uses of the
resources of the School District.
4. Render all decisions based on available facts, and data and his or her independent judgment
and refuse to surrender his or her judgment to individuals or special interest groups.
5. Uphold and enforce all applicable laws, all rules and regula ons of the State Board of
Educa on, the Board policies and all court orders pertaining to the School District.
Domain III: Board and Community Rela ons
1. Seek regular and systemic communica ons among the Board and students, staff and the
community.
2. Communicate to the Board and the Superintendent expressions of public reac on to board
policies and school programs.
3. Bring community complaints to the a en on of the Superintendent or his/her the
Superintendent's designee so that proper administra ve channels may be followed to
resolve the ma er.
Domain IV: Policy Development
1. Be familiar with the board policies in effect during their tenure in office.
2. Work with other Board members to establish effec ve policies for the governance of the
School District.
3. Make decisions on policy ma ers only a er full discussion at publicly held Board mee ngs.
4. Periodically review and evaluate the effec veness of policies on School District programs
and performance.
Domain V: Board Mee ngs
1. A end and par cipate in all regularly scheduled and called Board mee ngs to the extent
possible.
2. Review the Board packet provided by the Administra on, and will shall endeavor to be well
informed and prepared to discuss issues to be considered on the Board agenda before
vo ng on an issue.
3. Work with other Board members, the Superintendent, and Administra on officials in a spirit
of harmony, respect and coopera on in spite of differences of opinion that may arise during
the discussion and resolu on of issues at Board mee ngs.
4. Vote for a closed execu ve session only when applicable law or board policy requires
considera on of a ma er in execu ve session.
5. Maintain the confiden ality of all discussions and other ma ers pertaining to the Board and
the School District, during execu ve session of the Board.
6. Make decisions in accordance with the best interest of the en re School District and not a
par cular segment of the School District.
7. Execute Board member du es in a fair and impar al manner, unswayed by par san bias or
special interest groups of any kind.
8. Not adopt or follow any code of ethics which prevents Board members from discussing
freely the policies and ac ons of the Board outside of a Board mee ng. This shall will not
apply to any ma er or ma ers discussed in execu ve session or which are exempt from
disclosure under Code Sec on 50-18-72.
9. Abide by all decisions of the Board and shall not undermine or diminish the Board’s
decisions.
10. Comply with the State Open Mee ngs and Open Records laws.
11. Handle disagreements among Board members in a respec ul, professional and non-
confronta onal manner.
12. Interact with School District employees in a respec ul, non-confronta onal and professional
manner even if a Board member disagrees with a staff recommenda on.
13. Vote for a closed execu ve session only when applicable law or board policy requires
considera on of a ma er in execu ve session.
14. Maintain the confiden ality of all discussions and other ma ers pertaining to the Board and
the School District, during execu ve session of the Board.
15. Make decisions in accordance with the best interest of the en re School District and not a
par cular segment of the School District.
16. Execute Board member du es in a fair and impar al manner, unswayed by par san bias or
special interest groups of any kind.
17. Not adopt or follow any code of ethics which prevents Board members from discussing
freely the policies and ac ons of the Board outside of a Board mee ng. This shall not apply
to any ma er or ma ers discussed in execu ve session or which are exempt from disclosure
under Code Sec on 50-18-72.
18. Abide by all decisions of the Board and shall not undermine or diminish the Board’s
decisions.
19. Comply with the State Open Mee ngs and Open Records laws.
Domain VI: Personnel
1. Consider the employment of personnel only a er receiving and considering the
recommenda on of the Superintendent.
2. Support the employment of persons best qualified to serve as employees of the School
District and insist on regular and impar al evalua ons of School District staff.
3. Abstain from vo ng or par cipa ng in discussions, delibera ons or decisions in any student
appeal, Fair Dismissal proceeding, employee discipline ma er, or employee grievance
involving a rela ve.
4. Comply with all applicable laws, rules, regula ons, and all board policies regarding
employment of family members. Abstain from vo ng or par cipa ng in discussions,
delibera ons or decisions in any student appeal, Fair Dismissal proceeding, employee
discipline ma er, or employee grievance involving a family member.
Domain VII: Financial Governance
1. Refrain from using the posi on of Board member for personal or par san gain or to benefit
any person or en ty over the interest of the School District.
Conduct as Board Member
1. Devote sufficient me, thought and study to the performance of the du es and
responsibili es of a member of the Board.
2. Become informed about current educa onal issues by individual study and through
par cipa on in programs providing needed educa on and training.
3. Communicate in a respec ul professional manner with and about fellow Board members.
4. Share per nent informa on about any item of Board business with all Board members so
that all Board members are equally informed and prepared at Board mee ngs.
5. Take no private ac on that will compromise the Board or School District Administra on.
6. Refrain from providing inten onally misleading informa on to other Board members, the
Administra on, or the public.
7. Refrain from using School District resources for personal interests and using School District
resources for community programs without Board approval.
8. Not use or lead others to believe they will use their influence to help anyone obtain
employment, promo on, or business opportuni es within the School District.
9. Direct all requests for the assistance from of School District personnel to the
Superintendent.
10. Par cipate in all training programs for board members required by state law or the State
Board of Educa on. rule developed for Board members by the Board or the State Board of
Educa on.
11. File annually with the Superintendent and with the State Board of Educa on a wri en
statement cer fying that he or she the Board member is in compliance with this Code of
Ethics.
12. Not use their posi on as an a orney to represent clients in any ac on or proceeding against
the School District or its employees.
13. Refrain from providing inten onally misleading informa on to other Board members, the
Administra on, or the public.
14. Refrain from knowingly solici ng financial or any other support from School District
employees or vendors when seeking reelec on.
15. Refrain from using School District resources for personal interests and using School District
resources for community programs without Board approval.
16. Not use or lead others to believe they will use their influence to help anyone obtain
employment, promo on, or business opportuni es within the School District.
17. Direct all requests for the assistance of School District personnel to the Superintendent.
18. Par cipate in all training programs for board members required by state law or State Board
of Educa on rule developed for Board members by the Board or the State Board of
Educa on.
19. File annually with the Superintendent and with the State Board of Educa on a wri en
statement cer fying that he or she is in compliance with this Code of Ethics.
Absten ons
1. Abstain from vo ng when required by this policy and fully disclose the reason for not vo ng
to the other Board members and to the public.
2. Abstain from vo ng, par cipa ng in discussions, delibera ons or decisions on any contract
expenditure involving a business in which the Board member or a rela ve of the Board
member has a financial interest.
3. Abstain from vo ng or otherwise par cipa on in discussions, delibera ons, or decisions on
any ma er in which a reasonable person would consider the Board member to have a
conflict of interest.
Conflicts of Interest
1. Announce poten al conflicts of interest and fully disclose the reason for not vo ng before
Board ac on is taken.
2. Comply with the Board Policy BHA: Board Member Conflict of Interest and all applicable
laws.
3. Upon a mo on supported by a (2/3) two-thirds vote, the Board may choose to conduct a
hearing concerning a possible viola on of this Code of Ethics by a member of the Board
pursuant to the sec on below en tled Enforcement of Ethics and Conflict of Interest
Policies.
Ethics Oath
At the first mee ng of each calendar year (or as soon therea er as possible), all Board members
shall publicly swear or affirm their commitment to comply with the Board Member Ethics Policy, as
set forth in Board Policy BH, and the Board Member Conflict of Interest Policy, as set forth in
Board Policy BHA. The Ethics Oath, which shall be in addi on to the Board member’s oath of
office, shall read as follows.
As a member of the DeKalb County Board of Educa on, I hereby swear or affirm my commitment
to comply with the Board Member Ethics Policy, as set forth in Board Policy BH, and the Board
Member Conflict of Interest Policy, as set forth in Board Policy BHA.
Signature: ______________________________
Date: __________
Defini on of Rela ve
As used in this policy, the term “rela ve” shall include the spouse, child, grandchild, sibling, and
parent of a Board member; the child, grandchild, sibling, and parent of a Board member’s spouse;
and the spouse of a Board member’s child, grandchild, sibling, or parent.
Board Training
Upon being elected, reelected, or appointed to the Board, Board members will shall be required to
a end a training program on the Board Member Ethics Policy and the Board Member Conflict of
Interest Policy. This Such training will shall be completed within 90 days of taking office and
will shall be repeated every two years while the Board member is in office.
The training program will shall last at least two hours and will shall address appropriate Board
member behavior, an explana on of the conduct prohibited by the Board Member Ethics Policy
and the Board Member Conflict of Interest Policy, and a review of the procedures for enforcement
of the Ethics and Conflict of Interest Policies.
The Board may contract with an ins tu on of the University System of Georgia, the Georgia School
Boards Associa on, or some other qualified agency, organiza on or individual qualified to perform
such training. The cost of the training will shall be paid by the School District.
Enforcement of Ethics and Conflict of Interest Policies
A Board member who believes in good faith that another Board member has violated the Board
Member Ethics Policy (BH) or the Board Member Conflict of Interest Policy (BHA) will shall ask the
Board Chair to convene an Execu ve Session of the Board. Upon such a request, the Board Chair
will shall convene an Execu ve Session to discuss or deliberate upon the possible disciplinary
ac on of a the accused Board member alleged of wrongdoing. At least ten calendar days’ no ce of
the Execu ve Session will shall be provided to all Board members, unless subject of complaint the
accused Board member agrees to a shorter me. If the Board decides that no charges are to be
brought and no hearing is to be held, the ma er will shall not proceed no further.
Any vote to charge a Board member with a viola on of the Board Member Ethics Policy or the
Board Member Conflict of Interest Policy will shall be taken in an open mee ng and shall require a
two-thirds (2/3) vote of the Board members present, provided a quorum is present. The
accused Board member alleged of wrongdoing or members alleged of wrongdoing suspected of the
viola on will shall not be permi ed to vote on the ma er.
If charges are brought against a Board member, the Board will shall conduct a hearing on the
charges. At least thirty (30) calendar days’ no ce of the date, me, and place of the hearing
will shall be provided to all Board members. The accused Board member’s no ce will shall be sent
by cer fied mail to the address listed with the School District and by electronic means. The
accused Board member alleged of wrongdoing will shall be en tled to be represented by counsel at
his/her t the accused Board member's own expense.
The par es accused Board member(s) alleged of wrongdoing , the vo ng Board members, and
a orney(s) involved by agreement may s pulate that some disinterested member of the State Bar
of Georgia will shall decide all ques ons of evidence and other legal issues arising in the hearing. At
the hearing, both the Board and the accused Board member alleged of wrongdoing may call and
cross-examine witnesses. The burden of proof will shall be on the Board to establish the alleged
viola on by a preponderance of the evidence. The hearing will shall be open to the public while the
Board is receiving evidence or hearing argument.
A two-thirds (2/3) vote of the Board members conduc ng the hearing will shall be required to find
that the accused Board member commi ed the alleged viola on and to impose sanc ons. The
Board member or members charged with a viola on will shall not be permi ed to vote on the
ma er. Any vote on the ma er The vote will shall be taken in public.
If the accused Board member alleged of wrongdoing is found to have commi ed the alleged
viola on, the Board will shall be authorized to take any or all of the following ac ons:
1. Censure or reprimand the Board member;
2. Disavow the improper acts or statements of the Board member;
3. Ask for a public apology by the Board member;
4. Report the Board member to AdvancED (SACS) Cognia or the appropriate accredi ng
agency;
5. Ini ate a civil ac on to recover the value of anything received by the Board member in
viola on of the Board Member Ethics Policy or the Board Member Conflict of Interest
Policy;
6. If warranted by the evidence and findings, report the ma er to law enforcement authori es
for possible considera on of criminal charges against the Board member.
A Board member subject to sanc on may, within thirty (30) days of such sanc on vote, appeal such
decision to the State Board of Educa on in accordance with the rules and regula ons of the State
Board of Educa on. A record of the decision of the Board to sanc on a Board member for a
viola on of this Code of Ethics will shall be placed in the permanent minutes of the Board.
Defini on of Family Member
As used in this policy, the term "family member" means "ImmdiateImmediate family member," which
means a spouse, child, sibling, or parent or spouse of a child, sibling or parent. Commented [MK1]: I vaguely remember concern about
the definition of immediate family being di erent in this
policy than others like GBRI. But I believe this is the
Defini on of Reprimand definition in the State’s model code.
A formal rebuke typically used for mid-level viola ons of this Code of Ethics that involve inten onal
or reckless acts or omissions and/or direct or indirect private gain. It is not as stern of a
condemna on as a censure. It can be given in private or in a le er.
Defini on of Censure
A form of public rebuke, a censure is reserved for more serious viola ons. It is more severe than a
reprimand and is a stern condemna on, reserved for the most egregious viola ons of this ode of
Ethics, that o en involve inten onal acts and private gain.
Defini on of Disavow
To deny responsibility for, and to reject, improper acts or statements. It is more severe than
reprimand and censure.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority
for the board to enact this policy. Instead, they are provided as addi onal resources for those interested in the
subject ma er of the policy.
Note: To access the policy references, CLICK HERE: State of Georgia Terms and Condi ons and close the
LexisNexis tab, which will return you to the policy. Click on the links below to be taken to each specific
code. You should only have to do this one me per session.
State Descrip on
O.C.G.A. 20-02-0049 Standards for local board of educa on members
O.C.G.A. 20-02-0051 Elec on of LBOE members; persons ineligible to be
member or superintendent; ineligibility for LBOE or
other elec ve offices.
O.C.G.A. 20-02-0063 Prohibit certain conflicts of interest of board members
O.C.G.A. 20-02-0072 Code of ethics for local board of educa on members
O.C.G.A. 20-02-0073 Removal of board members upon poten al loss of
accredita on; turnaround schools; prohibi on on use of
public funds for li ga on expenses
O.C.G.A. 45-05-0006 Public official inves gated by special commission upon
indictment; gubernatorial review if commission
recommends suspension; suspension; reinstatement;
replacement or temporary officer
Rule 160-4-9-.06 Charter Authorizers, Financing, Management, and
Governance Training
Rule 160-5-1-.36 Local School Board Governance