Agenda Item
6. Ready For Action: Board Policy BHA: Board Member Conflict of Interest ~ Updated 1.10.2025
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 BHA: Board Member Conflict of Interest.
Why: The Board Policy Review Committee met and conferred regarding Board Policy BHA: Board Member Conflict of Interest 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 BHA: Board Member Conflict of Interest Status: DRAFT -
1st Reading
Original Adopted Date: 09/11/2000 | Last Revised Date: Pending | Last Reviewed Date:
11/06/2024
Red Lined Version
Members of the DeKalb County Board of Educa on 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 a empt to use his or her the member's official
posi on 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 organiza on 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 organiza on with which he or she the Board member is associated
will shall sell supplies or equipment used, consumed, or necessary in the opera on of
the DeKalb County School District. Any member viola ng this paragraph will shall be
guilty of a misdemeanor.
a. It will shall not cons tute a viola on of this paragraph for a Board member to
sell supplies or equipment used, consumed, or necessary in the opera on 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 mee ng.
3. No Board member will shall act in his or her official capacity in any ma er in which
he or she, any member of his or her a Board member's immediate family, or any
business organiza on 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 objec vity or independence of judgment. Acts that
comply with subparagraphs (a) and (b) of paragraph 2 above will shall not cons tute a
viola on 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 organiza on 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 herthe Board member’s immediate family or any business organiza on in which he
or shethe Board member is associated to solicit or accept, any gi , favor, loan,
poli cal contribu on, service, promise of future employment, or other thing of value
based upon an understanding that the gi , favor, loan, contribu on, 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 du es.
a. This paragraph will shall not apply to the solicita on or acceptance of
campaign contribu ons by a Board member who has announced that he or
she is they the Board Member areis a candidate for Board office if the Board
member has no knowledge or reason to believe that the campaign
contribu on, if accepted, was given with the intent to influence the Board
member in the discharge of his or herthe Board member’s official du es.
b. For purposes of this paragraph, a gi , favor, loan, contribu on, 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. Legi mate salary, benefits, fees, commissions, or expenses associated
with a Board member’s nonpublic business, employment, trade, or
profession;
3. An award, plaque, cer ficate, memento, or similar item given to a
Board member in recogni on of his or her civic, charitable, poli cal,
professional, or public service;
4. Food, beverages, and registra on at group events to which all Board
members are invited;
5. Actual and reasonable expenses for food, beverages, travel, lodging,
and mee ng registra on which are provided to permit a Board
member to par cipate in or speak at the mee ng;
6. A commercially reasonable loan made in the ordinary course of
business;
7. Any gi with a value less than $100.00;
8. Promo onal items generally distributed to the general public or to
Board members;
9. A gi 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 func ons or ac vi es.
6. No Board member will shall use, or knowingly allow to be used, his or hertofficial
t the Board member's official posi on or any informa on 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 organiza on 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 organiza on in which he or shethe Board member is associated
will shall represent any person or party other than the Board or the District in
connec on with any ma er pending before the Board or in any proceeding involving
the Board or the District.
8. No Board member will shall be prohibited from reques ng informa on 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 organiza on 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 par cipa on in any ma er 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, occupa on, or group to any greater extent than could reasonably be
expected to accrue to any other member of that profession, occupa on, or group.
10. This Board will shall not do business with any bank or financial ins tu on 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 organiza on with which
the Board member is associated, owns 30% or more of the capital stock in that
ins tu on.
11. No Board member, or any member of his or her a Board member's immediate family
or any business organiza on 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 par cipa on in a seminar, discussion
panel, or other ac vity which directly relates to the Board member’s official du es or
his or her office as a Board member. Actual and reasonable expenses for food,
beverages, travel, lodging, and registra on which are provided to enable the Board
member’s par cipa on in such an ac vity will shall not be counted toward the
monetary fee or honoraria limit.
B. Conduct As Board Member
1. No Board member will shall disclose informa on or materials that are subject to the
Board’s a orney-client privilege to anyone other than other Board members, the
Board a orney, 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 a orney-client privilege belonging to
the Board.
2. No Board member will shall vote on the employment or promo on 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 ma ers before a member of a Board
member’s immediate family may be employed or promoted.
3. No Board member may be employed in any posi on 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 Educa on or
serve concurrently as a member of the State Board of Educa on.
6. No Board member will shall serve on the governing body of a private elementary or
secondary educa onal ins tu on.
C. Disclosure of Conflic ng Interest Policy
Whenever a Board member is required by this policy to refrain from vo ng on a ma er, the
Board member will shall fully disclose the reason for not vo ng 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 elec on as a member of this Board unless he or shethe Board member:
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
Educa on'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
Educa on, he or she they will shall file an affidavit with elec on officials, affirming that he or
she they meets all of the qualifica ons required by law, including the provisions stated in this
policy. This requirement will shall apply only to Board members elected or appointed on or
a er July 1, 2010.
F. Defini on 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 transac ng business with bank or similar ins tu on in which
member has interest
4. 20-2-1072: Financial interest in transporta on 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
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. 20-02-0058.1 "Immediate family" defined; employment of family
members
O.C.G.A. 20-02-0063 Prohibit certain conflicts of interest of board 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. 20-02-0505 School board members prohibited from selling school
supplies or equipment to county board
O.C.G.A. 20-02-0505.1 Board transac ng business with bank or similar
ins tu on in which member has interest
O.C.G.A. 20-02-1072 Financial interest in transporta on services by board
members/superintendent prohibited
O.C.G.A. 21-05-0001 Ethics in Government Act - short tle
O.C.G.A. 21-05-0011 Acceptance by public officers of monetary fees or
honoraria
O.C.G.A. 21-05-0033 Disposi on of contribu ons
O.C.G.A. 21-05-0034 Campaign Disclosure Reports
O.C.G.A. 21-05-0041 Maximum allowable contribu on by persons or
partnerships
O.C.G.A. 21-05-0050 Filing by public officers; filing by candidates for public
office; filing by elected officials and members of the
General Assembly; electronic filing
O.C.G.A. 21-05-0070 Public Officials Conduct and Lobbyist Disclosure -
Defini ons
O.C.G.A. 45-02-0002 Person to hold only one county office; commissioned
officer not to be deputy for another
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