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 -
1st Reading
Original Adopted Date: 09/11/2000 | Last Revised Date: Pending | Last Reviewed Date:
01/13/2025
Members of the DeKalb County bBoard of Educa on will adhere to these Conflict of Interest
provisions as set forth in state law.
A. Financial Governance
1. No bBoard member will use or a empt to use the member's official posi on to
secure unwarranted privileges, advantages, or employment for any member, for any
bBoard member's immediate family, for any business organiza on with which the
bBoard member is associated, or for any others.
2. No bBoard member, or any member of a bBoard member's immediate family, or any
business organiza on with which the bBoard 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 bBoard member to
sell supplies or equipment used, consumed, or necessary in the opera on of Commented [E1]: Still showing as 2 spaces, unless this
the DeKalb County School District if there are fewer than three sources for just happens when copying from simbli to word?
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 bBoard members in an open public mee ng.
3. No bBoard member will act in an official capacity in any ma er in which any member
of a bBoard member's immediate family, or any business organiza on in which a
bBoard member is associated has a material financial interest, if such interest would
reasonably be expected to impair the bBoard 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 bBoard member or any member of a bBoard 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 dDistrict except as provided in subparagraphs (a) and
(b) of paragraph 2 above.
5. No bBoard member will solicit or accept, or knowingly allow any member of a board
member's his or her immediate family or any business organiza on in which a board
member he or she 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 bBoard
member in the discharge of the bBoard member's official du es.
a. This paragraph will not apply to the solicita on or acceptance of campaign
contribu ons by a bBoard member who has announced that they are a
candidate for bBoard office if the bBoard member has no knowledge or
reason to believe that the campaign contribu on, if accepted, was given with
the intent to influence the bBoard member in the discharge of his or her
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 bBoard member’s nonpublic business, employment, trade, or
profession;
3. An award, plaque, cer ficate, memento, or similar item given to a
bBoard 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 bBoard
members are invited;
5. Actual and reasonable expenses for food, beverages, travel, lodging,
and mee ng registra on which are provided to permit a bBoard
member to par cipate in or speak at the mee ng; Commented [E2]: Still showing as 2 spaces
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
bBoard members;
9. A gi to a bBoard member from that bBoard member’s immediate
family; or
10. Food, beverage, or expenses provided to bBoard 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 bBoard member will use, or knowingly allow to be used, the bBoard member's
official posi on or any informa on not generally available to the public which the
bBoard member receives or acquires in the bBoard member's capacity as a bBoard
member for the purpose of securing financial gain for the bBoard member, any
member of the bBoard member's immediate family, or any business organiza on
with which a bBoard member is associated.
7. No bBoard member, any member of a bBoard 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 bBoard or the dDistrict in connec on with any ma er pending
before the Board or in any proceeding involving the bBoard or the dDistrict.
8. No bBoard member will be prohibited from reques ng informa on on behalf of a
resident of the dDistrict if no fee, reward, or other thing of value is promised to,
given to, or accepted by the bBoard member, any member of a bBoard member's
immediate family, or any business organiza on with which the bBoard member is
associated in return therefor.
9. No bBoard member will be deemed in conflict with the provisions of this policy if, by
reason of the bBoard member's par cipa on in any ma er required to be voted
upon by the bBoard, no material or monetary gain accrues to any member of the
bBoard 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 bBoard will not do business with any bank or financial ins tu on where a
bBoard member or any member of the bBoard member's immediate family is an
employee, director, or officer, or where such bBoard member, any member of the
bBoard member's immediate family, or any business organiza on with which the
bBoard member is associated, owns 30% or more of the capital stock in that
ins tu on.
11. No bBoard member, or any member of a bBoard member's immediate family or any
business organiza on with which the bBoard member is associated, may have a
financial interest in school buses, bus equipment or supplies, provide services for
buses owned by the bBoard, or sell gasoline to the bBoard for use in school buses
owned by the Board.
12. No bBoard 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 bBoard member’s official du es or office
as a bBoard member. Actual and reasonable expenses for food, beverages, travel,
lodging, and registra on which are provided to enable the bBoard member’s
par cipa on in such an ac vity will not be counted toward the monetary fee or
honoraria limit.
B. Nepo sm Commented [E3]: Spacing in this section looks weird,
but maybe just because of copy and paste?
1. No person who has an
immediate family member si ng on the Board of Educa on or serving as superintendent or
as principal, assistant principal, or system administra ve staff will be eligible to serves
as a member of the board or as superintendent, provided that the immediate family
member's employment began on or a er 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 posi ons 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 of promo on of any member of 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 family may be employed or
promoted.
C. Conduct as bBoard Member Commented [E4]: “b” is added, but entire word “Board”
is deleted
1. No bBoard member will disclose informa on or materials that are subject to the
bBoard’s a orney-client privilege to anyone other than other bBoard members, the
bBoard a orney, the sSuperintendent, or persons specifically designated by the
sSuperintendent, unless such privilege has been waived by a majority vote of the
whole bBoard. Each bBoard member acknowledges that individual bBoard members
do not have the right or the power to waive the a orney-client privilege belonging
to the bBoard.
No Board member will vote on the employment or promo on of any member of 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.
2. No bBoard member may be employed in any posi on in the dDistrict.
3. No bBoard member will hold another county office.
4. No bBoard member will be employed by the State Department of Educa on or serve
concurrently as a member of the State Board of Educa on.
5. No bBoard member will serve on the governing body of a private elementary or Commented [E5]: “b” is added, but entire word “Board”
secondary educa onal ins tu on. is deleted
D. Disclosure of Conflic ng Interest Policy
Whenever a bBoard member is required by this policy to refrain from vo ng on a ma er, the
bBoard member will fully disclose the reason for not vo ng to the other bBoard 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 bBoard understands and acknowledges that no person will be eligible
for elec on as a member of this bBoard unless he or she: Commented [E6]: The individual
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 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 they will file an affidavit with elec on officials, affirming that the
individual they 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.
F. Defini ons 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 administra ve staff means employees serving at the director-level or above.
F. References Commented [E7]: This section can be deleted since the
actual references are below
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