91¶ÌÊÓƵ

No.   3-36a

Rev.  5-6-14

Date  9-1-94

 

 

 

I. PURPOSE

A. To establish a procedure for declaring conflicts of interest for members of the 91¶ÌÊÓƵ Board of Trustees.

B. To provide guidelines consistent with the Utah Public Officers' and Employees' Ethics Act without exempting covered individuals from coverage under the provisions of the Act.

C. To insure Board of Trustee decisions are made solely on the basis of a desire to promote the best interests of 91¶ÌÊÓƵ and to further the public good.

II. REFERENCES

Utah Code Ann. §§. et seq., Utah Procurement Code, Unlawful Conduct and Penalties

Utah Code Ann. §§ et seq. Utah Public Officers' and Employees' Ethics Act

Utah Code Ann. § , Receiving or Soliciting a Bribe By a Public Servant

III. DEFINITIONS

A. "Trustee" means a member of the 91¶ÌÊÓƵ Board of Trustees.

B. "Substantial interest" means the ownership, either legally or equitably, by a Trustee, a Trustee's spouse or a Trustee's minor children, of at least 5% of the outstanding capital stock of a corporation or a 5% interest in any other business entity. "Substantial interest" also means personal, family-related or business relationships that could be construed to affect Board members' responsibilities.

C. "Improper disclosure" means disclosure of confidential information to any person who does not have both the right and the need to receive the information.

D. "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity by anyone other than the government employer for or in consideration of personal services, materials, property or any other thing whatsoever.

IV. POLICY

A. Compliance with Utah Statutes:  Trustees must comply with all state laws, with particular attention to those that govern conflicts of interest and their service as public officials as noted in the references of this policy. 

Specifically, Trustees shall not:

1. Engage in improper disclosure of confidential information gained as members of the Board of Trustees.

2. Use or attempt to use their official positions to further substantially their personal economic interest or to secure special privileges or exemptions for themselves or others.

3. Allow other employment or interests to impair their independence of judgment in the performance of their duties as Board members.

4. Allow other employment or interests to interfere with the ethical performance of their duties.

5. Accept compensation from any source if such acceptance tends to influence their official duties.

B. Duty to Recuse Oneself on a Matter Involving a Substantial Interest:  Trustees shall recuse themselves from participating in discussion, voting or being physically present during Board business when a matter involves any business entity as to which they are officers, directors, or employees or in which they have a substantial interest.

C. Duty to Submit Disclosure Statement

1.  Trustees who are officers, directors, or employees or who have a substantial interest in any business entity that is or may be involved in any transaction with the University, or which could be construed to potentially affect their independence and unbiased judgment relating to their duties as Board members, shall disclose such facts in a sworn disclosure statement as set forth in this policy before participating in their official capacities with respect to any such transactions, and annually thereafter.

2.  Trustees shall not receive or agree to receive compensation for assisting any person or business entity in any transaction involving the University without first disclosing such facts in a sworn, written disclosure as set forth in this policy.

D.  Consultation.  Trustees may ask for consultation with the University Legal Counsel, Executive Committee, the president, or the Board of Trustees if they are uncertain as to the appropriateness of listing a particular relationship on the Conflict of Interest form.

E.  Procedures for Submitting Disclosure Statement

1.  What to Submit:  The disclosure statement must be made in writing and under oath.  The disclosure statement shall be in a form adopted for this purpose that is consistent with this policy and the law.

2.  When to Submit:

a.  For disclosure statements required by Section IV.C.1., the disclosure statement must be submitted before the Trustee participates in his or her official capacity with respect to such transactions within thirty (30) days of the adoption of this policy and annually thereafter.  The Trustee shall submit another disclosure statement whenever his or her position or interest in the business entity changes significantly.

b.  For disclosure statements required by Section IV.C.2., the disclosure statement must be submitted within ten (10) days after the date of any agreement between the Trustee and the person or business entity being assisted or within ten (10) days of the receipt of compensation, whichever is earlier.

3.  Where to Submit:  The disclosure statement must be completed and submitted to the Board Secretary.  The Board Secretary shall then file the disclosure statement with the following offices as appropriate:

a.  the President's Office

b.  the Utah State Attorney General's Office; and
 
c.  the agency head of the agency with which the transaction is being conducted if the disclosure is required by Section IV.C.2.h

F.  Review of Statements:  The submitted disclosure statements will be reviewed by the Conflict of Interest Committee, which includes the Board of Trustees Chair, Vice Chair, and two other Trustees as selected by the Chair and the Vice Chair as part of the determination of Board of Trustees assignments.  The disclosure statements of the Board of Trustees Chair and Vice Chair will be reviewed by the other Trustees on the Conflict of Interest Committee.

G. Public Document:  The disclosure is public information and shall be available for examination by the public.

H.  Records of Proceedings

a.  Minutes:  The minutes of the Board of Trustees and all committees with board delegated powers shall contain the names of those Trustees who abstain from participation in their official capacities in transactions involving business entities where they have a position or own a substantial interest and have not filed a disclosure statement as required by the Conflict of Interest Policy.  These minutes, however, are not required to record the names of those Trustees who have filed disclosure statements or any information contained in those disclosure statements.