- Document Link: BHA – Board Member Conflict of Interest
- Title: Board Member Conflict of Interest
- Section: B. School Board Operations
- Adoption Date: 07/16/2020
- Ref Code: O.C.G.A. 20-02-0049, O.C.G.A. 20-02-0063, O.C.G.A. 20-02-1072, O.C.G.A. 20-02-0505, O.C.G.A. 20-02-0505.1, O.C.G.A. 20-02-0051, O.C.G.A. 20-02-0058.1, O.C.G.A. 21-05-0001, O.C.G.A. 21-05-0011, O.C.G.A. 21-05-0033, O.C.G.A. 21-05-0034, O.C.G.A. 21-05-0041, O.C.G.A. 21-05-0070, O.C.G.A. 45-02-0002, Rule 160-5-1-.36
BHA – Board Member Conflict of Interest
Descriptor Code: BHA
Board Member Conflict of Interest
The Cherokee County Board of Education will adhere to these Conflict of Interest provisions, as set forth in state law.
1. No School Board member will use or attempt to use his or her official position to secure unwarranted privileges, advantages, employment for himself or herself, any of his or her immediate family members, or others.
2. No School Board member will act in his or her official capacity in any matter in which he or she, any of his or her immediate family members, or any business organization in which he or she has a material financial interest, that would reasonably be expected to impair his or her objectivity or independence of judgment. Compliance with Code Section 20-2-505 will not constitute a violation of this paragraph.
3. No School Board member will solicit or accept or knowingly allow any of his or her immediate family members or any business organization in which he or she has an interest 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 School Board member in the discharge of his or her official duties. This paragraph will not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office if the local board of education member has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the School Board member in the discharge of his or her official duties. For purposes of this paragraph, a gift, favor, loan, contribution, service, promise, or other thing of value will not include the items contained in subparagraphs (a)(2)(A) through (a)(2)(J) of Code Section 16-10-2.
4. No School Board member will use, or knowingly allow to be used, his or her official position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her official position for the purpose of securing financial gain for himself or herself, any of his or her immediate family members, or any business organization with which he or she is associated.
5. No School Board member or any of his or her immediate family members or any business organization in which he or she has an interest will represent any person or party other than the local School Board or local School District in connection with any cause, proceeding, application, or other matter pending before the School District or in any proceeding involving the School District.
6. No School Board member will be prohibited from making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the School Board member or any of his or her immediate family members in return therefor.
7. No School Board member will be deemed in conflict with these provisions if, by reason of his or her participation in any matter required to be voted upon by the local School Board, no material or monetary gain accrues to him or her as a member of any profession, occupation, or group to any greater extent than any gain could reasonably be expected to accrue to any other member of that profession, occupation or group.
8. No School Board member may also be an officer in any organization that sells goods or services to the School District, except as provided in Code Section 20-2-505 and excluding nonprofit membership organizations.
9. No School Board member will sell to any county board any supplies or equipment used, consumed or necessary in the operation of any public school in this state unless there are fewer than three sources for such supplies or equipment within the county; provided, however, that any purchase pursuant to this subsection for supplies or equipment that is equal to or greater than $10,000 will be approved by a majority of the members of the School Board in an open public meeting. Any member violating this will be guilty of a misdemeanor.
10. The School Board may not do business with a bank or financial institution where a School Board member is an employee, stockholder, director or officer when such member owns 30% or more stock in that institution.
11. No School Board member may have a financial interest in school buses, bus equipment or supplies, provide services for buses owned by the School Board or sell gasoline to the School Board from a corporation in which the School Board member is a shareholder.
12. No School Board member will accept a monetary fee or honorarium in excess of $101.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer. Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting will not be considered monetary fees or honoraria.
Conduct As Board Member
1. No School Board member will disclose to or discuss with any information which is subject to attorney-client privilege belonging to the local board of education to any person other than other School Board members, the School Board attorney, the local school superintendent, or persons designated by the local school superintendent for such purposes unless such privilege has been waived by a majority vote of the whole School Board.
2. No School Board member will vote on the employment or promotion of any of his or her immediate family members. No immediate family member of a School Board member may be employed or promoted unless a public, recorded vote is taken separately from all other personnel matters.
3. No School Board member may be employed in any position in the School District.
4. No School Board member will hold another county office.
5. No School 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 School Board member will serve on the governing body of a private elementary or secondary educational institution.
Each member of this School Board understands and acknowledges that no person will be eligible for election as a member of a local board of education unless he or she:
(1) Has read and understands the code of ethics and the conflict of interest provisions applicable to members of local boards of education and has agreed to abide by them; and
(2) Has agreed to annually disclose compliance with the State Board of Education's policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education. Each person offering his or her candidacy for election as a School Board member will file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit will affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection will apply only to School Board members elected or appointed on or after July 1, 2010.
ADOPTED: January 20, 2011 REVISED: July 16, 2020