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: DRAFT
Original Adopted Date: 09/11/2000 | Last Revised Date: Pending | Last Reviewed Date:
01/13/2025
CLEAN REVISED VERSION
Members of the DeKalb County Board of Educa on will adhere to these Conflict of Interest
provisions as set forth in state law.
A. Financial Governance
1. No board member will use or a empt to use the member's official posi on to secure
unwarranted privileges, advantages, or employment for a board member, for any b Commented [E1]: board
member's 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 a board member's immediate family, or any
business organiza on with which the board member is associated will 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 be guilty of a
misdemeanor.
a. It will 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 be approved by a majority of
the board members in an open public mee ng.
3. No board member will act in an official capacity in any ma er in which any member
of a board member's immediate family, or any business organiza on 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 objec vity or independence of
judgment. Acts that comply with subparagraphs (a) and (b) of paragraph 2 above
will 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 solicit or accept, or knowingly allow any member of a board Commented [E2]: extra spaces
member’s immediate family or any business organiza on in which a board member
Commented [E3]: extra spaces
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 the board member's official du es.
a. This paragraph will not apply to the solicita on or acceptance of campaign
contribu ons 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 contribu on, if accepted, was given with the
intent to influence the Board member in the discharge of the board Commented [E4]: extra spaces
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 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 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 use, or knowingly allow to be used, the board member's
official posi on or any informa on 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 organiza on with
which a board member is associated.
7. No board member, any member of a board member's immediate family, or any
business organiza on in which he or she is associated will 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 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 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 be deemed in conflict with the provisions of this policy if, by
reason of 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 any member of 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 not do business with any bank or financial ins tu on 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 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 a b member's immediate family or any business Commented [E5]: board
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 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 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 not be counted toward the monetary fee or honoraria limit.
B. Nepo sm
1. No person who has an immediate family member sitting on the Board of
Education or serving as superintendent or as a 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 paragraphs 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 personnel matters before a member of a board member’s immediate
family may be employed or promoted.
C. Conduct as Board Member
1. No board member will 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 doard member may be employed in any posi on in the district. Commented [E6]: board
3. No doard member will hold another county office. Commented [E7]: board
4. No doard member will be employed by the State Department of Educa on or serve Commented [E8]: board
concurrently as a member of the State Board of Educa on.
5. No doard member will serve on the governing body of a private elementary or Commented [E9]: board
secondary educa onal ins tu on.
D. 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 fully disclose the reason for not vo ng to the other board members and the
public.
E. Enforcement of Board Member Conflict of Interest Policy
This policy will be enforced in the manner set out in Board Policy BH: Board Code of Ethics , Commented [E10]: extra space
Paragraph L.
Commented [E11]: extra space
F. Board Eligibility Commented [E12]: extra space
Each member of this board understands and acknowledges that no person will be eligible for
elec on as a member of this board unless he or she: Commented [E13]: the individual
1. Has read and understands the Board Member Code of Ethics (Policy BH) and the Commented [E14]: adjust to match redline corrected
provisions of this Board Member Conflict of Interest (Policy BHA), and has agreed to abide by them; format
and Commented [E15]: adjust to match redline corrected
format
2.Has agreed to disclose annually 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, the individual will file an affidavit with elec on officials, affirming that the Commented [E16]: extra space
individual meets all of the qualifica ons required by law, including the provisions stated in
this policy. This requirement will shall only to Board members elected or appointed on or
a er July 1, 2010. Commented [E17]: delete, as indicated in redline
F. Defini on of Immediate Family Commented [E18]: “Definitions”
1. 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. 2. System administra ve staff means employees serving at the director-level or
above.References Commented [E19]: delete “references” section
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
Cross References
Code Descrip on
BH Board Code of Ethics