Comprehensive
Standard 3.2.3
The board has a policy addressing conflict of
interest for its members. (Conflict of interest)
Non-Compliance
The Code of Alabama 36-25
(Code of Ethics for Public Officials, Employees, Etc.) and Code of Alabama 16-3
clearly define and outline conflict of interest for public officials and public
employees. Additionally, Alabama State
Board of Education Policy 111.01: Institutional Gifts to Board Members,
Officers, and Directors provides very specific guidelines related to gifts,
services, transportation, food, entertainment or anything of value. No evidence of the implementation of the
conflict of interest policy for board members was provided.
Response:
The
governing board of Lawson State Community College is the Alabama State Board of
Education ASBE. Section 16-3-4 of the
Code of Alabama 1975 establishes that the governor may remove any appointive
member of the Board.
The Governor may remove any appointive member of the board for
immorality, misconduct in office, incompetency or willful neglect of duty,
giving to him a copy of the charges against him and, upon not less than 10
days’ notice, an opportunity of being heard publicly in person or by counsel in
his own defense. If any member shall be
removed, the Governor shall file in the office of the Secretary of State a
complete statement of all charges against such member of his findings thereon,
together with a complete record of the proceedings.
Section 16-3-3 of the
Code of Alabama 1975, is specific to the ASBE and includes the following
statement:
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.
Alabama State Board of Education Policy 111.01 addresses prohibition and limitations concerning institutional gifts to members of the board. ABSE Policy 615.01 addresses conflict of interest for employees of the board. The policy states:
Honesty and professional integrity are
expected of all employees. It would be a serious violation of this trust if the
interests of any institution under the direction and control of the State Board
of Education were to be disregarded in the course of performing professional duties.
The use of official position and influence to further personal gain or that of
families or associates is unacceptable behavior.
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 a sensitivity to this
issue and seek guidance when appropriate.
The Alabama Code
of Ethics for Public Officials, Employees, etc. outlines laws that pertain
to elected officials and public employees.
In the Code of Alabama of 1975, Section 36-25-5
specifically discusses conflicts of interest as related to the use of official
position in office for personal gain.
Each year public officials and employees who meet the requirements
outlined in Section
36-25-14 of the Code of Alabama must complete and file a Statement of
Economic Interests with the Alabama Ethics
Commission. Alabama State Board of
Education Policy 205.06 discusses
disclosure and approval of contract information. The policy defines a public official who is
in a position to influence the awarding of a grant or contract who are
affiliated with the Alabama Community College System department, agency,
entity, or institution. The policy
requires disclosure for all proposals, bids, contracts, or grant proposals to any
department, entity, or institution of the Alabama Community College System for
amounts in excess of $5,000. The disclosure form must list the names and
addresses of all public employees with whom the person, members of the person’s
immediate family, or any of the person’s employees have a family relationship
and who may directly personally benefit from the proposed transaction; the
names and addresses of all family members of public officials/public employees
with whom the person completing the form, members of the person’s immediate
family or any of the person’s employees have a family relationship and who may
directly benefit financially from the proposed transaction; and the amount of
and purpose for the contract and the starting date and expected ending date.
All Alabama State Board of Education members must abide by this policy as
public officials.
There
are no occurrences where any member of the Alabama State Board of Education has
violated the conflict of interest policies.
Consequently the conflict of interest policy for ASBE members has not
had to be implemented.
Documentation:
|
Documentation |
Location |
|
Code
of Alabama Section 16-3-4 |
|
|
Code
of Alabama Section 16-3-3 |
|
|
Alabama
State Board of Education Policy 111.01 |
|
|
Alabama
State Board of Education Policy 615.01 |
|
|
The
Alabama Code of Ethics |
|
|
Code
of Alabama Section 36-25-5 |
|
|
Code
of Alabama Section 36-25-14 |
|
|
Statement
of Economic Interests |
|
|
Alabama
Ethics Commission |
|
|
Alabama
State Board of Education Policy 205.06 |