Ohio Administrative Code (Last Updated: January 12, 2021) |
3358:16 Terra State Community College |
Chapter3358:16-1. Board of Trustees |
3358:16-1-02. Conflict of interest
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A conflict of interest exists when the personal or professional interests of a trustee affects his or her ability to be objective. As trustees are likely to be affiliated with many organizations in their communities, both on a professional and a personal basis, it is not unusual for an actual or potential conflict of interest to arise. This policy defines how the governing board of trustees of Terra state community college define how the college interprets a conflict of interest and what steps are expected to be taken to deal with such conflicts when they occur.
Terra state community college board of trustees will carry out the mission of the College in accordance with the strictest ethical guidelines and conduct themselves in a manner that fosters public confidence in the integrity of the Terra board, its processes, and its accomplishments.
Terra board members must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102. and 2921. of the Revised Code, and as interpreted by the Ohio ethics commission and Ohio courts. Members must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.
A general summary of the restraints upon the conduct of all board members as well as employees includes, but is not limited to. those listed below. No board member shall:
(A) Solicit or accept anything of value from anyone doing business with the college:
(B) Solicit or accept employment from anyone doing business with the College, unless the trustee completely withdraws from college activity regarding the party offering employment, and the board approves the withdrawal;
(C) Use his or her public position to obtain benefits for the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship:
(D) Be paid or accept any form of compensation for personal services rendered on a matter before, or sell goods or services to, Terra state community college;
(E) Be paid or accept any form of compensation for personal services rendered on a matter before, or sell (except by competitive bid) goods or services to, any state agency other than Terra state community college, unless the trustee first discloses the services or sales and withdraws from matters before the Terra board that directly affects officials and employees of the other state agency, as directed in section 102.04 of the Revised Code;
(F) Hold or benefit from a contract with, authorized by, or approved by, the Terra state board of trustees (the ethics law does accept limited stockholdings, and some contracts objectively shown as the lowest cost services, where all criteria under section 2921.42 of the Revised Code are met);
(G) Vote, authorize, recommend, or in any other way use his or her position to secure approval of a Terra state community college contract (including employment or personal services) in which the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship, has an interest;
(H) Solicit or accept honoraria (see division of sections (H) 102.01 and 102.03(H) of the Revised Code):
(I) During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the trustee personally participated while serving with Terra state community college:
(J) Use or disclose confidential information protected by law, unless appropriately authorized: or
(K) Use or authorize the use of his or her title, the name "Terra State Community College." or "TSCC." or the college's logo in a manner that suggests impropriety, favoritism, or bias by the trustee, official, or employee.
For purposes of this policy:
"Anything of value" includes anything of monetary value, including, but not limited to: money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment. "Value" means worth greater than de minimis or nominal.
"Anyone doing business with Terra State Community College" includes, but is not limited to: any person, corporation, or other party that is doing or seeking to do business with, regulated by. or has interest before Terra state community college.
Every Terra state community college board member or employee required to file a financial disclosure statement must file a complete and accurate statement with the ethics commission by April fifteenth of each year. Any member or employee appointed or employed after February fifteenth and required to file a financial disclosure statement must file a statement within ninety days of appointment or employment.
(L) In order to comply with this policy, it is expected that:
(1) If a trustee has an interest in a proposed transaction with the College in the form of a significant personal or organizational financial interest in the transaction or holds a position as trustee, officer, director or staff member in such organization, he or she must make full disclosure of such interest before any discussion or negotiation of such transaction.
(2) Any trustee who has a potential confiict of interest with respect to any matter coming before the board or a committee shall not participate in any discussions of or vote in connection with the matter unless invited to respond to questions or provide factual information by the board or committee chair.
(3) Any trustee who gains privileged information by virtue of his or her role as a trustee shall not use that privileged information for personal or professional gain.
This policy shall be distributed to trustees upon their appointment to their term. A signature in the designated area of this policy will indicate the trustee's agreement to abide by this policy to the best of his or her ability for the time allotted to the appointment as a governing board trustee for the college.
I have read the above statement of policy regarding conflict of interest and agree to abide by this policy to the best of my ability in my role as a governing board trustee for Terra state community college.
Signature:_____________
Date:______________
Replaces: 3358:16-3-07
Effective:
5/3/2015
Promulgated Under:
111.15
Statutory
Authority: 3358
Rule Amplifies: 3358
Prior Effective
dates: 9/20/99