• Board Member Conflict of Interest: 9081


  • Section 9000: Board By-Laws
    Board Member Conflicts of Interest
    Board Policy: 9081
    Board of Education (BE)
    Approval: 11/9/16

    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 business of which a Board member or relative is a director, Officer, owner, employee or agent or any corporation in which a Board member or relative owns or has owned stock worth $1,000 or more at any point in the preceding year.

    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 $50 from any single source that could reasonably be known to have a legislative, administrative, regulatory, contractual, managerial or judicial interest in the College.

    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 College. A Board member will respect individuals' privacy rights when dealing with confidential information gained through association with the College.

    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.

    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 to self or relatives.
    • A Board member may, after declaring his/her potential conflict of interest, either vote or abstain on the issue.
    • Merely abstaining from a vote does not meet the legal requirement of publicly stating a potential conflict.

    Actual Conflict of Interest

    1. Actual conflict of interest means any action, decision or recommendation taken that would result in a financial benefit or detriment to self or relatives.
    2. 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 which an actual conflict arises.

    END OF POLICY

    Legal Reference:
    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 341.283 (6)

    Opinions of the Attorney General, Vol. 38, p. 1995 (1978)