Current through Rules and Regulations filed through September 23, 2024
(1) A Board Member shall not:
a. Vote on a matter under consideration by a Board if such vote:
1. Involves the provision of services by such Board Member (or any entity or organization the Board Member represents, or in which he or she holds an ownership or pecuniary interest) or a Board Member's Immediate Relative;
2. Would provide a direct or indirect financial benefit to the Board Member (or any entity or organization the Board Member represents, or in which he or she holds an ownership or pecuniary interest) or a Board Member's Immediate Relative; or,
3. Involves any other conduct or activity determined to constitute a Conflict of Interest.
b. Directly or indirectly accept or solicit any gratuities, favors, or anything involving more than de minimis monetary value from any person with whom the Board Member interacts in his or her capacity as a recipient of federal funds. This section includes, without limitation, any potential or actual supplier, contractor, subcontractor, grant recipient or other service provider;
c. Participate in the selection, award or administration of a procurement supported by Federal funds in any case where the Board Member is aware that any member of his or her immediate family, business partner, or any organization that employs or is about to employ any of those persons, has any financial or material interest in any organization that may be considered for an award of Federal funds;
d. Advocate for or cause the advancement, appointment, employment, promotion, or transfer of an Immediate Relative to any office or position administering or handling Federal funds under the Workforce Innovation and Opportunity Acy, including without limitation, any potential or actual supplier, contractor, subcontractor, grant recipient or other service provider.
(2) A Board Member shall disclose and divulge the existence of an actual or potential Conflict of Interest prior to any vote or participation in the decision making process and such disclosure shall be expressly noted in the Board's minutes.
(3) In the event that an actual or potential Conflict of Interest exists, the affected Board Member shall recuse himself or herself from voting on the impacted topic and shall also refrain from participating in any discourse involving the impacted topic other than bringing the actual or potential Conflict of Interest to the Board's attention.
Additionally, in the meeting minutes, the Board shall recite the nature of the actual or potential Conflict of Interest and the recusal of the impacted Board Member with respect to the vote and discussion of the impacted topic.
(4) In the event that a Board Member is uncertain as to whether an actual or potential Conflict of Interest exists, the Board Member shall notify the Board and the remainder of the Board shall vote to determine whether an actual or potential Conflict of Interest exists.
a. In the event that the Board determines that an actual or potential Conflict of Interest exists, the impacted Board Member shall follow 692-1-1-.06(3) and recuse himself or herself from voting and participating in the decision making process.
b. In the event that the Board determines that no actual or potential Conflict of Interest exists, the impacted Board Member shall be entitled to vote and participate in the decision making process. The Board shall recite in the meeting minutes the nature of the perceived Conflict of Interest and the reasons for determining why a Conflict of Interest did not exist.
(5) The Chairman of the Board shall inquire as to whether a Conflict of Interest exists among Board Members prior to any vote involving the following:
a. The awarding or modification of a contract;
b. The provision of services; or,
c. A pecuniary interest.
O.C.G.A. §
34-14-1 et. seq.
