Policy 2.F– Board MEMBERS' CODE OF CONDUCT

Date Adopted: January 27, 2009,

Date Revised: September 25, 2012, June 14, 2016

The Board commits itself and its members to ethical, professional, and lawful conduct, including proper use of authority and appropriate decorum when acting as Board members.

Accordingly:

1. Board members must demonstrate loyalty to the interests of the entire ownership, unconflicted by loyalties to subsets of the ownership, staff, other organizations, or any personal interests as a stakeholder or consumer of the organization’s services.
    
2. Board members are accountable for discharging their duties honestly and in good faith. Board members shall exercise the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
    
3. The Board considers it a conflict of interest for a Board member to also be employed by the district. Therefore, the Board shall not directly hire any of its members as an employee of the district, nor shall the Board approve compensation for a member for services rendered to the district except for services rendered to the Board as provided by law. In addition, an employee elected to the Board shall be required to relinquish employment with the district prior to taking office.
    
4. Members of the Board choosing as individual to volunteer in operational capacities are subject to the direct supervision of the Superintendent or responsible staff person.
    
5. Board members must avoid conflict of interest with respect to their fiduciary responsibility unless one or more of the following apply:
   
   a). The contract is awarded to the lowest responsible bidder based on competitive bidding procedures.
   b). The merchandise is sold to the highest bidder at a public auction.
   c). The transaction involves investing or depositing money in a financial institution which is in business of loaning money or receiving money.
   d). If, because of geographic 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 and no other contractor can perform the services.
   e). If the contract is one in which the Board member has disclosed a personal interest and is one on which he/she has not voted or has voted as allowed in state law following disclosure to the secretary of the state and to the Board.
    
6. Except as describe above, a Board member shall not be a purchaser at any sale or a vendor for any purchase made by the district.
    
7. A member of the Board may request an advisory opinion from the secretary of state concerning issues relating to his/her conduct and potential conflict of interest.
    
8. Board members must not attempt to exercise individual authority over the organization.
   
   a) Board members’ interaction with the Superintendent or with staff must recognize the lack of authority vested in individuals except with explicitly Board Authorized.
   b) Board members’ interaction with public, media or other entities must recognize this limitation and those Board members are not to speak for the Superintendent, or to speak for the Board except to repeat explicitly stated Board decisions.
   c) Except for participation in Board deliberation about whether the Superintendent has achieved any reasonable interpretation of Board policies, Board members will not publicly express negative personal judgments of performance of employees or the Superintendent.
    
9. A Board member aware of credible information that suggests that a Board policy has been violated, by either the Board or the Superintendent, has an affirmative obligation to bring the concern to the Board’s agenda for monitoring.
    
10. Board members will support the legitimacy and authority of the final determination of the Board on any matter, irrespective of the member’s personal position on the issue.
     
11. In carrying out fiduciary duties, a Board member shall not:
    
    a) Disclose or use confidential information acquired in the course of his/her official duties to further substantially the board member’s personal financial interest.
    b) Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in his/her position or which he/she knows or should know is primarily for the purpose of rewarding him/her for official action taken.
    c) Engage in a substantial financial transaction for the board member’s private business purposes with a person whom he/she supervises in the course of his/her official duties.
    d) Perform an official act which directly and substantially confers an economic benefit on a business or other undertaking in which he/she has a substantial financial interest or in which he/she is engaged as a counsel, consultant, representative or agent.
     

    The phrase "economic benefit tantamount to a gift of substantial value" includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.

12. It is permissible for a Board member to receive
    a) Campaign contributions and contributions in kind which are reported in accordance with state law.
    b) An occasional nonpecuniary gift which is insignificant in value.
    c) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service.
    d) Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which he/she is scheduled to participate.
    e) Payment for speeches, appearances or publications reported in accordance with the public official disclosure laws.
    f) Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of his/her position.
    g) Items of perishable or nonpermanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events. Tickets to these events may have to be reported in accordance with the public official disclosure law.