BBFA LOCAL
BOARD MEMBER'S CONFLICT OF INTEREST
SECTION ONE: PURPOSE AND ALIGNMENT OF POLICY
1.01 Purpose
The purpose of this local policy is to adopt the provisions of BBFA LEGAL for the College District’s Board of Trustees, individual Trustees, and College Officers and to establish how the Board and Trustees and College District will manage potential conflicts of interest and avoid the appearance of any inappropriate influence as the Board, Trustees, and College Officers carry out their respective duties.
1.02 Alignment
As the Board of Trustees performs its governance functions and College Officers perform their official functions, it is necessary for the Board, individual Trustees, and College Officers to protect the integrity and reputation of the College District by ensuring they are free of inappropriate influence and the appearance of any conflict of interest.
SECTION TWO: GENERAL PROVISIONS
2.01 Filing Requirements
If a Trustee or College Officer has a substantial interest in a business entity or in real property, the Trustee or College Officer shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest with the College President and shall abstain from further participation in the matter if:
2.01.1 In the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
2.01.2 In the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.
2.02 Definitions of Terms
For the purpose of this local policy, the College District shall use the definitions of terms in BBFA (Legal) §§ 1.03 and 2.07.
2.03 Adoption of General Provisions in BBFA (legal)
For the purpose of this local policy, the College District shall apply the general provisions in BBFA (Legal) § 2.
SECTION THREE: IMPLEMENTATION AND REVIEW
3.01 Responsible Personnel
The Board President shall be responsible for implementing this policy for individual Trustees and the College President. The College President shall be responsible for implementing this policy for all other College Officers.
3.02 Official Record Keeper of the College District
The Board of Trustees hereby designates the College President as the official record keeper of the College District pursuant to Texas Local Gov’t Code 171.004. The College President or designee shall ensure the Angelina College website provides access to the statements and questionnaires required to be filed pursuant to Texas Local Gov’t Code 176.
3.03 Filings by the College President
If the College President is required to file an affidavit, statement, or questionnaire pursuant to this Local policy, he/she shall file the documentation with the Board President. Any such filing from the College President shall be forwarded to the Office of the President. The Office of the President shall retain and publish such filings in the same manner applied to filings from Trustees and other College Officers.
3.04 Communication to Constituents
The College District shall publish all policies and regulations in the Angelina College Policy & Procedure Manual, which the College makes available on its website with a hyperlink on the homepage.
The College President or designee will ensure the College Marketing Office provides a hyperlink to all new or revised policies and regulations in the Angelina College Policy & Procedure Manual in the “Weekly Update” email message sent to all employees.
The Office of the President conducts an orientation for each newly-elected Trustee prior to the first regular Board meeting of the Trustee’s first term of office. One aspect of the orientation is a review of the policies and regulations of the College District, which includes a review of this policy and any attendant procedures.
Each agenda for regular meetings of the Board of Trustees shall include the following statement:
As Trustees and College Officers exercise their authority, they are reminded of BBFA Legal and Local policies, which define and address the management of conflicts of interest.
3.05 Timeline for Completion of Procedures
The Board President and College President shall adopt procedures for implementing this policy for Trustees and the College President and for College Officers respectively. Such procedures shall be adopted and published by December 2023, and communicated to institutional constituents pursuant to Subsection 3.04 of this policy by January 31, 2024.
3.06 Monitoring Compliance
The Board President and the College President shall jointly monitor compliance with this policy and report the results to the Board of Trustees annually during a regular Board meeting.
3.07 Review of Policy and Procedures
The Board of Trustees shall review the effectiveness of this policy and its attendant procedures annually during the Board retreat.
SECTION FOUR: PROCEDURES
4.01 Process for Procedure Development, Approval, and Amendment
The Board President and the College President are responsible for developing, approving, and amending procedures as necessary to implement this policy for Trustees and the College President and College Officers, respectively.
4.02 Compliance
Compliance with approved procedures is mandatory.
The President of the College is responsible for updating and reviewing this policy. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.
Document History:
Adopted: 06/2017
Revised: 09/2023