Policy BBFA

Code: BBFA 
Adopted: 12/18/89
Revised/Readopted: 12/17/01
Orig. Code(s): BBFA

Board Member Conflicts of Interest


No Board member will use his/her official position or office to obtain personal financial benefit or detriment or financial gain or detriment for relatives or for any business with which the Board member or a relative is associated.

Business means any corporation, partnership, proprietorship, enterprise, association, franchise, firm, organization, self-employed individual or any legal entity operated for economic gain.

Business with which a Board member or relative is associated means any private business or closely held corporation of which a Board member or relative is a director, officer, owner, employee or agent or any private business or closely held corporation in which a Board member or relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding year; any publicly held corporation in which a Board member or relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year; or any publicly held corporation of which a Board member or relative is a director or officer.

No Board member or relative will solicit or receive directly or indirectly during any calendar year any gift or gifts with an aggregate value in excess of $100 from any single source that could reasonably be known to have a legislative, administrative, regulatory, contractual, supervisory or judicial interest in the district.

Relative is defined as a Board member’s spouse, children of Board member or of spouse, brothers, sisters and parents of a Board member or of spouse.

No Board member will solicit or receive, either directly or indirectly, any pledge or promise of future employment based on any understanding that the Board member’s vote, official action or judgment would be influenced thereby.

No Board member will attempt to use or use for personal gain any confidential information gained in the course of or by reason of that official position or association with the district.

A Board member will respect the privacy rights of individuals when dealing with confidential information gained through association with the district.

Board members individually and the Board as a public entity are bound by the Code of Ethics for public officials as stated in Oregon law.



Potential Conflict of Interest

Potential conflict of interest means any action or any decision or recommendation by a Board member that could result in a financial benefit or detriment for self or relatives or for a business with which the Board member or relatives are associated, unless otherwise provided by law.

A Board member may, after declaring his/her potential conflict of interest, either vote or abstain on the issue.

Abstaining from a vote does not meet the legal requirement of publicly stating a potential conflict.

Actual Conflict of Interest

Actual conflict of interest means any action or any decision or recommendation taken by a Board member that would result in a financial benefit or detriment to self or relatives or for any business with which the Board member or relatives are associated, unless otherwise provided by law.

A Board member may not vote lawfully if an actual conflict of interest exists unless a vote is needed to meet a minimum requirement of votes to take official action. However, such a vote does not allow the Board member to participate in any discussion or debate on the issue out of which an actual conflict arises.

END OF POLICY

Legal Reference(s):

ORS 162.015 - 162.035                                       ORS 244.040                                                ORS 332.055
ORS 162.405 - 162.425                                       ORS 244.120                                                ORS 659A.006
ORS 244.010                                                        ORS 244.130
ORS 244.020                                                        ORS 244.350 - 244.380


38 Op Atty Gen 1995 (1978).