BGA. Standards of Conduct and Conflict of Interest (BL)
No member of the Board shall engage in an activity, commercial or otherwise, which would compromise the Board member’s ability to perform the duties as a Regent. Proscribed activities are covered by, but not limited to, the following:
- A Regent shall not intentionally or knowingly offer, confer, or agree to confer on another or solicit, accept or agree to accept from another any pecuniary benefit as consideration for his decision, opinion, recommendation, vote or other exercise of discretion in an administrative proceeding or any benefit or consideration for a violation of a duty imposed by law on him. Penal Code 36.01(3) Subd. 3;36.02
- A Regent shall not, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly violate a law relating to an office or misuse College District property, services, personnel, or any other thing of value, belonging to the College District, that has come into his or her custody by virtue of his or her office or employment. Penal Code 39.02(a)
- One person may not occupy two legally incompatible offices. Offices are legally incompatible when the faithful and independent exercise of one would necessarily interfere with the faithful and independent exercise of the other. A Regent is precluded from holding a second position that would permit him to exercise powers over the Board.
- A Regent who exercises discretion in connection with contracts, purchases, payments, claims or other pecuniary transactions shall not solicit, accept or agree to accept any benefit from a person the Regent knows is interested in or likely to become interested in any such transactions of the College District, unless a statutory exemption applies. Penal Code 36.08(d), 36.10
- Except as provided by this policy, a Regent may not appoint a person to a position that is to be directly or indirectly compensated from College District funds or fees if: a) the person is related to the public official by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree; or b) the Regent holds the appointment or confirmation authority as a member of the Board and the person is related to another member of the Board by blood or marriage within a prohibited degree. Gov’t Code 573.002, 573.041; Atty. Gen. Op. JC-0184 (2000)
- A Regent may not solicit, accept or agree to accept an honorarium in consideration for services that the Regent would not have been requested to provide but for his or her official position or duties. Penal Code 36.07
- A Regent of the College District may not accept employment with the College District until the first anniversary of the date of the Regent’s membership on the Board ends. Education Code 11.063
- A Regent who is a stockholder, officer, director, or employee of a bank that has bid to become a depository for the District shall not vote on the awarding of a depository contract to said bank. Education Code 45.204
If a Regent has a private or personal interest in a measure, proposal, or decision pending before the Board, the Regent must disclose that fact to the rest of the Board in an open meeting and must refrain from voting or otherwise participating in the matter. Gov’t Code 572.058
Revised: 11/15/12
