Conflict of Interest Policy
OASBO Conflict of Interest Policy
Approved 2/7/20
The purpose of the following policy and procedures is to complement OASBO's Constitution & By-Laws bylaws to prevent the personal interest of staff members, board of directors and volunteers from interfering with the performance of their duties to OASBO, or result in personal financial, professional, or political gain on the part of such persons at the expense of OASBO or its Members, supporters, and other stakeholders.
Accepting gifts (including such things as tickets for sporting events and other entertainment, golf, travel, dinners, receptions and other things of value, collectively referred to as a “Gift” or “Gifts”)or other favors from individuals or entities can also result in a conflict or duality of interest when the party providing the Gift or other favors does so under circumstances where it might be inferred that such action was intended to influence or possibly would influence the interested person in the performance of his or her duties. Public officials, including the Board of Directors, members and volunteers of OASBO, must not accept Gifts in excess of $25.00 annually from a “prohibited source” in accordance with the Ohio Ethics Law and the Licensure Code of Professional Conduct for Ohio Educators. In addition, to assist with identifying potential conflicts of interest for OASBO staff, an employee who receives a Gift in excess of $75.00 must disclose the source and amount of that Gift to the Board of Directors. A summary of such Gifts shall be submitted to the Board of Directors as one report for all employees on a quarterly basis. This does not preclude the acceptance of items of nominal or insignificant value or entertainment of nominal or insignificant value which are not related to any transaction or activity of OASBO. (Please also see De Minimis Fringe Benefits under Section 5.7 herein).
Definitions: Conflict of Interest (also Conflict) means a conflict, or the appearance of a conflict, between the private interests and official responsibilities of a person in a position of trust. Persons in a position of trust include staff members, officers, and board of directors of OASBO. Board means the Board of Directors. Officer means an officer of the Board of Directors. Volunteer means a person -- other than a member of the Board of Directors -- who does not receive compensation for services and expertise provided to OASBO and retains a significant independent decision-making authority to commit resources of the organization. Staff Member means a person who receives all or part of her/his income from the payroll of OASBO. Member means a Member of OASBO which shall be defined in the OASBO constitution and by-laws. Supporter means corporations, foundations, individuals and nonprofit organizations who contribute to OASBO.
Approved 2/7/20
Policy and Practices
1. Full disclosure, by notice in writing via the OASBO Annual Conflict of Interest Disclosure Form, shall be made by the interested parties to the full Board of Directors in all conflicts of interest, including but not limited to the following:a. A member of the Board of Directors (Board Member) is related to another Board Member or staff member by blood, marriage or domestic partnership.
b. A staff member in a supervisory capacity is related to another staff member whom she/he supervises.
c. A Board Member or their organization stands to benefit from a transaction or staff member of such organization receives payment from or for any subcontract, goods, or services other than as part of her/his regular job responsibilities or as reimbursement for reasonable expenses incurred as provided in the Constitution & By-Laws and the OASBO Policy Manual.
d. A Board Member's organization receives grant funding from OASBO.
e. A Board Member or staff member is a member of the governing body of a contributor to OASBO.
f. A volunteer working on behalf of OASBO who meets any of the situations or criteria listed above.
2. Following full disclosure of a possible conflict of interest or any condition listed above, the Board of Directors shall determine whether a conflict of interest exists and, if so the Board of Directors shall vote to authorize or reject the transaction or take any other action deemed necessary to address the conflict and protect OASBO’s best interests. Both votes shall be by a majority vote without counting the vote of any interested director, even if the disinterested Board Members are less than a quorum if at least one consenting Board Member is disinterested.
3. A Board Member or OASBO committee member who is formally considering employment with OASBO must take a temporary leave of absence until the position is filled. Such a leave will be taken within the Board Member's elected term which will not be extended because of the leave. A Board Member or OASBO committee member who is formally considering employment with OASBO must submit a written request for a temporary leave of absence to the Secretary-Treasurer of the OASBO Board, c/o 98 Commerce Park Drive, Westerville, Ohio 43082, indicating the time of the leave. The Executive Director or his designee will inform the President of the Board of Directors of such a request. The President will bring the request to the Board for action. The request and any action taken shall be reflected in the official minutes of the OASBO Board meeting.
4. An interested Board Member, officer, or staff member shall not participate in any discussion or debate of the Board of Directors, or of any committee or subcommittee thereof in which the subject of discussion is a contract, transaction, or situation in which there may be a perceived or actual conflict of interest. However, they may be present to provide clarifying information in such a discussion or debate unless objected to by any present Board or committee member.
5. Anyone able to make decisions about spending resources (i.e., transactions such as purchases contracts) – who also stands to benefit from that decision – has a duty to disclose that conflict as soon as it arises (or becomes apparent); s/he should not participate in any final decisions.
6. A copy of this policy shall be given to the Board of Directors, staff members, volunteer leaders or other key stakeholders upon commencement of such person's relationship with OASBO or at the official adoption of stated policy. Each board member, officer, staff member, and volunteer leader shall sign and date the OASBO Annual Conflict of Interest Disclosure Form at the beginning of her/his term of service or employment and each year thereafter. Failure to sign does not nullify the policy.
This policy and the OASBO Annual Conflict of Interest Disclosure Form must be filed annually by all specified parties. In addition, the OASBO staff must file the Gift disclosure information on a quarterly basis, as described in this Section.