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
Clean Version
Members of the DeKalb County Board of Education will adhere to these Conflict of Interest
provisions as set forth in state law.
A. Financial Governance
1. No Board member will use or attempt to use the member's official position to secure
unwarranted privileges, advantages, or employment for any member, for any Board
member’s 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 a Board member's immediate family, or any
business organization with which the Board member is associated will sell supplies or
equipment used, consumed, or necessary in the operation of the DeKalb County
School District. Any member violating this paragraph will be guilty of a
misdemeanor.
a. It will 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 be approved by a majority of
the Board members in an open public meeting.
3. No Board member will act in official capacity in any matter in which any member of a
Board member's immediate family, or any business organization in which a Board
member is associated has a material financial interest, if such interest would
reasonably be expected to impair the Board member's objectivity or independence
of judgment. Acts that comply with subparagraphs (a) and (b) of paragraph 2 above
will 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 solicit or accept, or knowingly allow any member of the Board
member’s immediate family or any business organization in which the Board member
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 the Board member's official duties.
a. This paragraph will not apply to the solicitation or acceptance of campaign
contributions by a Board member who has announced that the Board
Member is 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
the Board member’s official duties.
b. For purposes of this paragraph, a gift, favor, loan, contribution, service,
promise, or other thing of value will 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 use, or knowingly allow to be used, the Board member's
official position or any information not generally available to the public which the
Board member receives or acquires in the Board member's capacity as a Board
member for the purpose of securing financial gain for the Board member, any
member of the Board member's immediate family, or any business organization with
which a Board member is associated.
7. No Board member, any member of a Board member's immediate family, or any
business organization in which the Board member is associated will 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 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 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 be deemed in conflict with the provisions of this policy if, by
reason of the Board member's participation in any matter required to be voted upon
by the Board, no material or monetary gain accrues to any member of 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 not do business with any bank or financial institution where a Board
member or any member of the Board member's immediate family is an employee,
director, or officer, or where such Board member, any member of 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 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 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 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 not be counted toward the monetary fee or honoraria limit.
B. Conduct As Board Member
1. No Board member will 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 vote on the employment or promotion of any member of 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 hold another county office.
5. No Board member will 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 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 member will 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 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 be eligible for
election as a member of this Board unless the 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
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, they will file an affidavit with election officials, affirming that they meet all of the
qualifications required by law, including the provisions stated in this policy. This requirement
will 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
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 additional resources for those interested in the
subject matter of the policy.
Note: To access the policy references, CLICK HERE: State of Georgia Terms and Conditions 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 time per session.
State Description
O.C.G.A. 20-02-0049 Standards for local board of education members
O.C.G.A. 20-02-0051 Election of LBOE members; persons ineligible to be
member or superintendent; ineligibility for LBOE or
other elective 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 potential loss of
accreditation; turnaround schools; prohibition on use of
public funds for litigation 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 transacting business with bank or similar
institution in which member has interest
O.C.G.A. 20-02-1072 Financial interest in transportation services by board
members/superintendent prohibited
O.C.G.A. 21-05-0001 Ethics in Government Act - short title
O.C.G.A. 21-05-0011 Acceptance by public officers of monetary fees or
honoraria
O.C.G.A. 21-05-0033 Disposition of contributions
O.C.G.A. 21-05-0034 Campaign Disclosure Reports
O.C.G.A. 21-05-0041 Maximum allowable contribution 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 -
Definitions
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 investigated 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