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1036 Board Member Conflict of Interest 1036 All board members are subject to
the criminal laws related to conflicts of interest in public office,
including strict restrictions against having a pecuniary interest in any
business of the board. In addition,
board members will not let any personal or business interest interfere with
their duties as public officials, including ethical duties as specified in
policy 2120, Code of Ethics for School Board Members. A member of the board will not do
any of the following: 1.
obtain a direct benefit from a contract that he or she is involved in
making or administering on behalf of the board, unless an exception is
allowed pursuant to G.S. 14-234 or other law; 2.
influence or attempt to influence anyone who is involved in making or
administering a contract on behalf of the board; or 3.
solicit or receive any gift, reward or promise for recommending,
influencing or attempting to influence the award of a contract. A board member is involved in
administering a contract if he or she oversees the performance of the
contract or has authority to interpret or make decisions regarding the
contract. A board member is involved
in making a contract if he or she participates in the development of
specifications or terms of the contract or participates in the preparation or
award of the contract. A board member derives a direct
benefit from a contract if the board member or his or her spouse does any of
the following: (1) has more than a 10
percent ownership or other interest in an entity that is a party to the
contract; (2) derives any income or commission directly from the contract; or
(3) acquires property under the contract.
An exception is allowed for employment contracts between the board of
education and the spouse of a board member.
However, the board member involved will not deliberate or vote on the
contract or attempt to influence any other person who is involved in making
or administering the contract. _____________________________________________________________________________ Legal References: G.S. 14-234; 133-32 Adopted: May 5, 2009 |