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BOARD MEMBER CONFLICTS OF INTEREST

Policy Number: 
Board File: BCB

Public office is a trust created in the interest of the common good and for the benefit of the people.  It is the intent of this policy to maintain public confidence and prevent the use of public office for private gain.

Conflicts of interest may arise when Board members have a direct or indirect interest in any contract with the District, perform any labor or furnish equipment or supplies to the District directly or indirectly, or receive any private, personal, or pecuniary benefit from any Board action.

In order to avoid conflicts of interest, it is the policy of the Board not to employ or contract with Board members.  Board members shall disclose all potential conflicts of interest in writing to the Board prior to the time set for voting on any such transaction.  The written disclosure will be attached to the minutes of the meeting in which Board action occurred relating to the matter disclosed.

A Board member who discloses a potential conflict of interest may abstain from voting on the matter disclosed. If after disclosure, the other Board members determine that an actual conflict of interest exists, then the member shall abstain from voting on the matter and shall not attempt to influence the decisions of other Board members voting on the matter.

However, if a Board member has complied with statutory disclosure requirements by notifying the Secretary of State of his/her interest in the matter, he/she may vote if his/her participation is necessary to obtain a quorum or otherwise enable the Board to act. If a Board member votes under these circumstances, the Board member shall state for the record the fact and summary nature of the potential conflict of interest.

The written disclosure to the Secretary of State shall list as applicable the amount of the Board member’s financial interest, the purpose and duration of any services rendered, compensation received for services, or such other information necessary to describe the interest.

The Board shall not enter into any contract with any of its members or with a firm or corporation in which a member has a financial interest, unless one or more of the following apply:

  1. The contract is awarded to the lowest responsible bidder based on competitive bidding procedures.
     
  2. The merchandise is sold to the highest bidder at a public auction.
     
  3. The  transaction  involves  investing  or  depositing  money  in  a  financial institution which is in the business of loaning money or receiving money.
     
  4. If, because of geographical restrictions, the District could not otherwise reasonably afford the contract because the additional cost to the District would be greater than 10 percent of the contract with the interested member, or if the contract is for services that must be performed within a limited time period in which no other contractor can perform the services.
     
  5. If the contract is one in which the Board member has disclosed a personal interest and on which the member has not voted or has voted as allowed in state law following disclosure to the Secretary of State and to the Board.

“Financial interest” does not include holding a minority interest in a corporation.

Except as described above, a Board member shall not be a purchaser at any sale or a vendor at any purchase made by the District.

A member of the Board may request an advisory opinion from the Secretary of State concerning issues relating to the member’s conduct and potential conflict of interest.

A copy of this policy will be filed with the Colorado Department of Education according to the provisions of Colorado statute. Following acknowledgement of receipt of the copy by the Department, the Board shall be exempt from the provisions of C.R.S. 18-8-308(1) and (2).

Adopted prior to 1974
Revised: March 5, 1991
Revised: November 19, 2002

LEGAL REFS.:
C.R.S. 18-8-308(1) and (2) C.R.S. 22-32-108(6)
C.R.S. 22-32-109(1)(y) C.R.S. 24-18-101 et seq.

CROSS REFS.:
GP 4, Board Commitments
GP 4.1, Code of Conduct
GP 4.2, Code of Covenants
BE/BEA/BEB, Board Operations