Agenda Item
1. FIRST READ: Amendment to the Bylaws & Policies: Revision of Board Policy BHA: Board Member Conflict of Interest
Summary: Presented by: Mrs. Marissa Key, Executive Director of Employee Relations, Division of Legal Services
Request: It is requested that the Board of Education accept the proposed revisions to Board Policy BHA: Board Member Conflict of Interest lay on the table at the June 9, 2025, Board Meeting for stakeholder feedback until June 20, 2025, and be considered for adoption at a future Board Meeting.
Why: This revision is being made in accordance with State Board Rule 160-5-1-.36 to include language related to Board Member Nepotism.
Details: Board Policy BHA: Board Member Conflict of Interest has been presented and reviewed by the Board Policy Committee. The Policy Review Committee recommended the proposed revisions.
Financial impact: No Financial Impact
Contact: Mrs. Marissa Key, Executive Director of Employee Relations, Division of Legal Services
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: 01/13/2025
REDLINE 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 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
board member's immediate family, for any business organization with which the Board
board member is associated, or for any others.
2. No Board board member, or any member of a Board board member's immediate family, or
any business organization with which the Board 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 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 board members in an open public meeting.
3. No Boardboard member will act in an official capacity in any matter in which any member
of a boardBoard member's immediate family, or any business organization with which a
board Board member is associated, has a material financial interest, if such interest would
reasonably be expected to impair the board 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 boardBoard member or any member of a boardBoard 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 districtDistrict except as provided in subparagraphs (a) and
(b) of paragraph 2 above.
5. No boardBoard member will solicit or accept, or knowingly allow any member of a board
member's his or her immediate family or any business organization in which a board
member 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 boardBoard member in the
discharge of the boardBoard member's official duties.
a. This paragraph will not apply to the solicitation or acceptance of campaign
contributions by a boardBoard member who has announced that they are a candidate
for boardBoard office if the boardBoard member has no knowledge or reason to
believe that the campaign contribution, if accepted, was given with the intent to
influence the boardBoard member in the discharge of his or her official duties.
b. For the 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 boardBoard member’s nonpublic business, employment, trade, or
profession;
3. An award, plaque, certificate, memento, or similar item given to a
boardBoard member in recognition of civic, charitable, political,
professional, or public service;
4. Food, beverages, and registration at group events to which all boardBoard
members are invited;
5. Actual and reasonable expenses for food, beverages, travel, lodging, and
meeting registration which are provided to permit a boardBoard 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 of less than $100.00;
8. Promotional items generally distributed to the general public or to
boardBoard members;
9. A gift to a boardBoard member from that boardBoard member’s immediate
family; or
10. Food, beverage, or expenses provided to boardBoard members, members of
their immediate families, or others that are associated with normal and
customary business or social functions or activities.
6. No boardBoard member will use, or knowingly allow to be used, the boardBoard member's
official position or any information not generally available to the public which the
boardBoard member receives or acquires in the boardBoard member's capacity as a
boardBoard member for the purpose of securing financial gain for the boardBoard
member, any member of the boardBoard member's immediate family, or any business
organization with which a boardBoard member is associated.
7. No boardBoard member, any member of a boardBoard member's immediate family, or any
business organization within which he or she is associated will represent any person or party
other than the boardBoard or the districtDistrict in connection with any matter pending
before the Board or in any proceeding involving the boardBoard or the districtDistrict.
8. No boardBoard member will be prohibited from requesting information on behalf of a
resident of the districtDistrict if no fee, reward, or other thing of value is promised to, given
to, or accepted by the boardBoard member, any member of a boardBoard member's
immediate family, or any business organization with which the boardBoard member is
associated in return therefor.
9. No boardBoard member will be deemed in conflict with the provisions of this policy if, by
reason of the boardBoard member's participation in any matter required to be voted upon by
the boardBoard, no material or monetary gain accrues to any member of the boardBoard
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 boardBoard will not do business with any bank or financial institution where a
boardBoard member or any member of the boardBoard member's immediate family is an
employee, director, or officer, or where such boardBoard member, any member of the
boardBoard member's immediate family, or any business organization with which the
boardBoard member is associated, owns 30% or more of the capital stock in that institution.
11. No boardBoard member, or any member of a boardBoard member's immediate family or
any business organization with which the boardBoard member is associated, may have a
financial interest in school buses, bus equipment or supplies, provide services for buses
owned by the boardBoard, or sell gasoline to the boardBoard for use in school buses owned
by the Board.
12. No boardBoard 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 boardBoard member’s official duties or office as a boardBoard
member. Actual and reasonable expenses for food, beverages, travel, lodging, and
registration which are provided to enable the boardBoard member’s participation in such an
activity will not be counted toward the monetary fee or honoraria limit.
B. Nepotism
1. No person who has an immediate family member sitting on the Board of Education or
serving as superintendent or as principal, assistant principal, or
system administrative staff will be eligible to serve as a member of the board or as
superintendent, provided that the immediate family member's employment began on
or after January 1, 2010. Nothing in this paragraph will affect the employment of any person
who is employed by the board on or before July 1, 2009, or who is employed by the board
when an immediate family member becomes a board member.
2. No person in any of the positions listed in the paragraph above will use their influence to
secure employment for an immediate family member. 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 matters before
a member of a board member's family may be employed or promoted.
C. Conduct as BoardBoard Member
1. No boardBoard member will disclose information or materials that are subject to the
board'sBoard’s attorney-client privilege to anyone other than other boardBoard members,
the boardBoard attorney, the superintendentSuperintendent, or persons specifically
designated by the superintendentSuperintendent, unless such privilege has been waived by a
majority vote of the whole boardBoard. Each boardBoard member acknowledges that
individual boardBoard members do not have the right or the power to waive the attorney-
client privilege belonging to the boardBoard.
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.
2. No boardBoard member may be employed in any position in the districtDistrict.
3. No boardBoard member will hold another county office.
4. No boardBoard member will be employed by the State Department of Education or serve
concurrently as a member of the State Board of Education.
5. No boardBoard member will serve on the governing body of a private elementary or
secondary educational institution.
D. Disclosure of Conflicting Interest Policy
Whenever a boardBoard member is required by this policy to refrain from voting on a matter, the
boardBoard member will fully disclose the reason for not voting to the other boardBoard members
and the public.
E. Enforcement of Board Member Conflict of Interest Policy
This policy will be enforced in the manner set out in the Board Policy BH: Board Member Code of
Ethics, Policy, Descriptor Code BH, Paragraph L.
F. Board Eligibility
Each member of this boardBoard understands and acknowledges that no person will be eligible for
election as a member of this boardBoard unless the individualhe or she:
1. Has read and understands the Board Policy BH: 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 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, the individual they will file an affidavit with election officials, affirming that the
individual they meets all of the qualifications required by law, including the provisions stated in this
policy. This requirement will shall only to Board members elected or appointed on or after July 1,
2010.
G. Definitions of Immediate Family
1. As used in this policy, the term “mMember of immediate family” or “immediate family
member” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or
parent.
2. System administrative staff means employees serving at the director-level or above.
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
Cross References
Code Description
BH Board Code of Ethics