Comprehensive Standard 3.2.3
The board has a policy addressing conflict of
interest for its members. (Board
conflict of interest)
aCompliance ___Partial Compliance ___Non-Compliance
Narrative:
The Alabama Community
College System is governed by the Alabama State Board of Education. Section 16-3-3 of The Code of Alabama (Section 16-3-3) states that “The members of the board shall be qualified electors
of the State of Alabama, and each member shall be a qualified elector in the
district which he represents. No person who is an employee of the board or who
is or has been engaged as a professional educator within five years next
preceding the date of the election shall be eligible for membership on the
board. For the purposes of this section the term "professional
educator" shall include teacher, supervisor or principal of any public or
private school; instructor, professor or president of any public or private
university, college or junior college or trade school; any state, county or
city superintendent of education; or other person engaged in an administrative
capacity in the field of education.”
The Alabama Ethics
Commission publishes Chapter 25 of Title 35 (Public Officers and Employees)
Code of Ethics for Public Officials, Employees, etc. (Sections 36-25-1 through
36-25-30) (Ethics Law). Section 36-25-5: Use of
official position or office for personal gain, subpart (a) specifically
discusses conflicts of interests and states that “no public official or public
employee shall use or cause to be used his or her official position or office
to obtain personal gain for himself or herself, or family member of the public
employee or family member of the public official, or any business with which
the person is associated unless the use and gain are otherwise specifically
authorized by law. Personal gain is
achieved when the public official, public employee, or a family member thereof
receives, obtains, exerts control over, or otherwise converts to personal use
the object constituting such personal gain.” It further states in subpart (f)
that “A conflict of interest shall exist when a member of a legislative body,
public official, or public employee has a substantial financial interest
by reason of ownership of, control of, or the exercise of power over any
interest greater than five percent of the value of any corporation, company,
association or firm, partnership, proprietorship, or any other business entity
of any kind or character which is uniquely affected by proposed or pending
legislation; or who is an officer or director for any such corporation,
company, association, or firm, partnership, proprietorship, or any other
business entity of any kind or character which is uniquely affected by proposed
or pending legislation.”
Alabama State Board of
Education Policy referencing
Institutional Gifts to Board Members, Officers, and Directors, (Policy No. 111.01) states that “ In addition to any other prohibitions or
limitations provided by other policies, laws, or regulations:
The Board of Education
strongly discourages the presentation of gifts, services, transportation, food,
entertainment or things of value to its members, the Chancellor, or any Vice
Chancellor or Director of the Department, by any institution, employee or
organization affiliated with the Alabama College System or the Department of
Postsecondary Education. Promotional items of nominal value, such as coffee
cups, pens, pencils, t-shirts or the like, bearing campus names, logos or other
symbols associated with a campus, may be presented in association with official
campus visits, provided that such gifts are otherwise allowable under all applicable
laws and policies, and provided that such gifts have an aggregate value not
exceeding $50.00 per year per college per recipient. Modest dinners or
receptions and associated student or faculty entertainment which are publicly
announced and which are broadly attended by College staff in association with a
publicly announced official visit by the Board or the Chancellor are permitted,
provided that they are otherwise lawful.
All State employees are
expected to display honesty and integrity, and it is considered a serious
violation of trust if the interests of any institution are disregarded in the
performance of one’s professional duties. It is unacceptable behavior to use an
official position and influence for personal gain or the gain of others such as
families or associates. The policy also
states that “all employees have the right to acquire and retain status of a
professional personal or economic nature”.
In a community as diverse and complex as the institutions that comprise
The Alabama College System, there is always the possibility that the pursuit of
individual interest may result in a conflict with those of the employing
institution. This places an important
responsibility on faculty and staff to recognize potential conflicts and
prevent them. It is not expected that
every employee will have a complete and current knowledge of the laws and
regulations that apply to conflict of interest.
However, all persons, particularly those with significant exposure to potential
conflict of interest situations, should develop sensitivity to this issue and
seek guidance when appropriate (Policy 615.01).
Documentation:
|
Documentation |
Location |
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Section 16-3-3 of The
Code of Alabama, “State Board of Education: Qualifications of Members |
|
|
Chapter 25 of Title 35
(Public Officers and Employees) Code of Ethics for Public Officials,
Employees, etc. Sections 36-25-1 through 36-25-30) |
|
|
The Alabama State
Board of Education policy 615.01: Conflict of Interest |
|
|
Alabama State Board of
Education policy 111.01 Institutional Gifts to Board Members, Officers, and
Directors |