FILE:  BHA

ETHICS BOARD MEMBER OR EMPLOYEE CONFLICT OF INTEREST
A trustee or employee of the Benton Harbor Area Schools shall not: 

  1. Participate in the selection or award of any contract in which Benton Harbor Area Schools funds are used where, to their knowledge, the trustee or employee would materially benefit as a result of such contract unless said trustee or employee discloses pecuniary interest in the contract and the trustee or employee and the Board adhere to the statutory guidelines as set forth in MCL 15.323, et al.

  2. Solicit, accept or agree to accept anything of value under any circumstances which could reasonably be expected to influence the manner in which the person performs work or makes decisions.

  3. A Trustee or employee who will directly benefit from a school district contract in an amount less than $250.00 and less than 5% of the public cost of the contract must disclose said pecuniary interest in the contract by filing a sworn affidavit with the school board.  However, if the trustee or employee will benefit by $250.00 or more, or  5% or more of the public cost of the contract, said pecuniary interest must be disclosed in one of the following ways:

  1. By notifying, in writing, the president of the school board of said interest at least seven days before the meeting at which a decision regarding the contract will be made.  If the president of the school board is the individual with the conflict of interest, disclosure must be made to the secretary of the board; or

  2. By disclosing said interest in the contract at a school board meeting.  Under this option, the school board may not vote on the relevant contract until at least seven days after the meeting at which the disclosure was made.

If the trustee or employee’s pecuniary interest in the contract exceeds $5,000.00, disclosure must be made pursuant to option (2) herein above.

LEGAL REFERENCE: General School Laws: 15.321 – 15.330;  Public Act 145 of 1997.
REVISED: 6-10-03
 

The Benton Harbor Area Schools, Berrien County, Michigan