Current through Rules and Regulations filed through March 20, 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. §
34-14-1et. seq.
