Code of Ethics Policy 114.02
Series: 100 Board of Trustees
Section: Duties and Responsibilities of the Board
Code of Ethics for the Board of Trustees and Certain Institutional Officers
The Board of Trustees believes that it should exercise a leadership role with respect to governmental ethics. The board has accordingly adopted a Code of Ethics which goes beyond statutory requirements. Board members believe that it is important to avoid even the appearance of a conflict of interest. A potential conflict of interest is a situation that involves a personal, familial or business relationship between a trustee or certain institutional officers and the college or between a trustee or certain institutional officers and organizations that do business with the college that can cause the college or the board to be legally or otherwise vulnerable to criticism, embarrassment, or litigation in the opinion of the public. It is with these thoughts in mind that the Board of Trustees has adopted this Code of Ethics.
1. Conflict of Interest
This statement of policy with respect to conflict of interest applies to each member of the board of trustees and to designated officers of the Johnson County Community College. It is intended to serve as guidance for members of the board of trustees and for all college officers with the following titles:
- Executive Vice President
- Vice President
- Associate Vice President
- Executive Director
and the following Director positions:
- Facility Planning
- Internal Audit Services
- Center for Business & Technology
b. Fiduciary Responsibilities
Members of the board and designated college officers serve the public trust and have a clear obligation to fulfill their responsibilities in a manner consistent with this fact. All decisions of the board and recommendations made by these designated officers are to be made solely on the basis of a desire to promote the best interest of the institution and the public good. The college's integrity must be protected and advanced at all times.
Men and women of substance inevitably are involved in the affairs of other institutions and organizations. An effective board, administration, and faculty cannot consist of individuals entirely free from at least perceived conflicts of interest. Although most such potential conflicts are and will be deemed inconsequential, it is everyone's responsibility to insure that the board is made aware of situations that involve personal, familial or business relationships that could be troublesome for the college. Thus, the board requires that each trustee and the designated officers annually (1) review this policy; (2) disclose any possible personal, familial or business relationships that reasonably could give rise to a conflict involving the college; and (3) acknowledge by his or her signature on the Disclosure Form for Trustees and Institutional Officers (see Appendix to Code of Ethics) that he or she is in compliance with the letter and spirit of this policy. Thereby, it is the declared policy of the board that trustees will not participate in board discussions or votes on items or transactions where trustees have a conflict of interest or have developed a potential conflict of interest since the time of the filing of the required disclosure form. Similarly, the designated officers with a conflict of interest shall not participate in making a recommendation to the board concerning a matter in which a conflict of interest exists.
All trustees and the designated officers are required to list on the attached form only those substantive relationships that he or she maintains or members of his or her family maintain with the college or with organizations that do business with the college or otherwise could be construed to potentially affect their independent, unbiased judgment in light of his or her decision-making authority or responsibility.
In the event that a trustee or designated officer is uncertain as to the appropriateness of listing a particular relationship, the chairman of the board of trustees, the college president or college counsel should be consulted. Trustees and the designated officers shall file this disclosure form on an annual basis after July 1 of each year and before July 31 of each year, with the chairman and the secretary of the Board of Trustees. These disclosure forms will be subject to public disclosure. New board members or new designated officers shall be provided the disclosure forms immediately upon taking office and shall fill out, sign and file the same within 30 days of taking office.
d. Restraint on Participation
Trustees or designated officers who have declared a potential conflict of interest, been found to have a conflict of interest, or who have developed a potential conflict of interest since the date on which they last filed a disclosure form, shall refrain from participating in consideration of proposed recommendations or transactions, unless for special reasons, the board or administration requests information or interpretation. Trustees who fall into one of these categories shall not vote, participate in discussion or be present at the time of the vote on any such recommendations or proposed transactions.
The following definitions are provided to help trustees or designated officers decide whether a relationship should be listed on the disclosure form or should prevent a trustee or designated officer from participating in consideration of recommendations or proposed transactions:
(1) Potential conflict of interest or conflict of interest: substantive relationships maintained by trustees and designated officers, or members of their family, with the college or with organizations that do business with the college or that otherwise could be construed to potentially affect their independent, unbiased judgment in light of his or her decision-making authority or responsibility.
(2) Business relationship: one in which a trustee, designated officer, or a member of his or her family as defined below, serves as an officer, director, employee, partner, trustee or controlling stockholder of an organization that does substantial business with the college.
(3) Family member: A spouse, parents, siblings, children, or any other relative if the latter resides in the same household as the trustee or officer.
(4) Substantive relationships: When a trustee, designated officer, or member of his or family, (a) are the actual or beneficial owner of more than 5% of the voting stock or controlling interest of an organization that does substantial business with the college; (b) has other direct or indirect dealings with such an organization from which the trustee, designated officer, or member of his or her family benefits directly, indirectly or potentially from cash or property receipts totaling $10,000 or more annually; or (c) is employed by the college or receives fees, benefits or other compensation from the college.
(5) Substantial business: An organization that does substantial business with the college is one that received more than $10,000 from the college in the previous fiscal year.
2. Ineligibility for Employment
In accordance with Kansas Statute 71-1403(d), no member of the board of trustees of a community college shall be an employee of the community college.
NOTE: See Interpretations - Statement 1
Revised: 10/03/1996, 10/21/2004, 07/14/2005, 08/08/2006, 02/24/2010