Agenda Item
a. Board Policy BHA: Board Member Conflict of Interest
Summary: Presented by: Ms. Whitney McGinniss, Board Policy Review Committee Chair,
Mrs. Marissa Key, Executive Director of Legal Affairs, Division of Legal Services
Board Policy Manual
DeKalb County School District
Board Policy BHA: Board Member Conflict of Interest Status: ADOPTED
Original Adopted Date: 09/11/2000 | Last Revised Date: 01/13/2025 | Last Reviewed Date: 01/13/2025
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 an 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 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 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 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 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 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 he or she 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 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 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 shall 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