Text Box: Creswell School District 40                                                                                                                  Code:   BBFA

                                                                                                             Adopted:   1/97

                                                                                            Revised/Readopted:   4/8/98, 8/14/02

                                                                                                      Orig. Code(s):   BBFA

 

                                      Board Member Ethics and Conflicts of Interest

 

 

No Board member will use his/her official position or office to obtain personal financial benefit or detriment or financial gain or detriment for relatives or for any business with which the Board member or a relative is associated.

 

Business means any corporation, partnership, proprietorship, enterprise, association, franchise, firm, organization, self-employed individual or any legal entity operated for economic gain.

 

Business with which a Board member or relative is associated means any private business or closely held corporation of which a Board member or relative is a director, officer, owner, employee or agent or any private business or closely held corporation in which a Board member or relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding year; any publicly held corporation in which a Board member or relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year; or any publicly held corporation of which a Board member or relative is a director or officer.

 

No Board member or relative will solicit or receive directly or indirectly during any calendar year any gift or gifts with an aggregate value in excess of $100 from any single source that could reasonably be known to have a legislative, administrative, regulatory, contractual, supervisory or judicial interest in the district.

 

Relative is defined as a Board member's spouse, children of Board member or of spouse, brothers, sisters and parents of a Board member or of spouse.

 

No Board member will solicit or receive, either directly or indirectly, any pledge or promise of future employment based on any understanding that the Board member's vote, official action or judgment would be thereby influenced.

 

No Board member will attempt to use or use for personal gain any confidential information gained through his/her official position or association with the district.  A Board member will respect individuals' privacy rights when dealing with confidential information gained through association with the district.

 

Individual Board members and the Board as a public entity are bound by the Code of Ethics for public officials as stated in Oregon law.

 

Conflicts of Interest

 

As soon as a Board member becomes aware of any potential or actual conflict of interest, the Board member will identify the conflict as follows:

 

Potential Conflict of Interest

 

Potential conflict of interest means any action or any decision or recommendation by a Board member that could result in a financial benefit or detriment for self or relatives or for a business with which the Board member or relatives are associated, unless otherwise provided by law.

 

A Board member may, after declaring his/her potential conflict of interest, either vote or abstain on the issue.

 

When an item of business before the Board may represent a potential conflict of interest for an individual Board member, it is incumbent upon that member to publicly announce the nature of that conflict.  Such announcement is only required once on the occasion when the matter is being discussed or debated.  The member may then vote or abstain on the question.  Abstaining from a vote does not meet the legal requirement of publicly stating a potential conflict.

 

Actual Conflict of Interest

 

Actual conflict of interest means any action or any decision or recommendation taken by a Board member that would result in a financial benefit or detriment to self or relatives or for any business with which  the Board member or relatives are associated, unless otherwise provided by law.

 

A Board member may not vote lawfully if an actual conflict of interest exists unless a vote is needed to meet a minimum requirement of votes to take official action.  However, such a vote does not allow the Board member to participate in any discussion or debate on the issue out of winch an actual conflict arises.

 

END OF POLICY

                                                                                                                                                                           

 

Legal Reference(s):

 


 

ORS 162.015 - 162.035

ORS 162.405 - 162.425

ORS 244.010

ORS 244.020

ORS 244.040

ORS 244.120

ORS 244.130

ORS 244.350 - 244.380

ORS 332.055

ORS 659A.006

 

 


 

38 Op Atty Gen 1995 (1978).