Code 316

Overview

SEDC officers individually commit themselves in their official capacity to ethical, businesslike, and lawful conduct, including appropriate use of their authority and decorum at all times. Officers must avoid even the appearance of impropriety to ensure and maintain public confidence in SEDC. Officers owe a fiduciary duty to SEDC, its members, and the public and must not act in a manner that is contrary to that duty or to the interests of SEDC. Officers must place the interests of SEDC over their own personal interests with respect to the governance, policy, strategic direction and operations of SEDC.

Policy

It is the intent of the SEDC Executive Board to meet and exceed those protections against conflicts of interest contained in State law. Under this policy, a conflict of interest arises when an officer has a personal interest in a matter that is or may be in conflict with or contrary to SEDC’s interests and objectives to such an extent that the officer is or may not be able to exercise independent and objective judgment within the context of the best interest of SEDC. For the purposes of this policy, an officer’s “personal interest” includes those of his or her relatives, business associates or other persons or organizations with whom he or she is closely associated.

1. The following provisions shall serve as a guide to officers with respect to the affairs of SEDC:

a. SEDC officers shall not receive, accept, take or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor from a person or entity if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment, or be considered as part of a reward for action or inaction. Officers are required to submit a report to the SEDC Executive Board of the actual or estimated value of any gifts or casual entertainment received as an officer that exceeds $50.00.

b. The complete confidentiality of proprietary business information must be respected at all times. Officers are prohibited from knowingly disclosing such information, or in any way using such information for personal gain or advancement, or to the detriment of SEDC, or to individually conduct negotiations or make contacts or inquiries on behalf of SEDC unless officially designated by the Executive Board.

c. Officers are prohibited from acquiring or having a financial interest in any property that SEDC acquires, or a direct or indirect financial interest in a supplier, contractor, consultant, or other entity with which SEDC does business. This does not prohibit the ownership of securities in any publicly owned company except where such ownership places the officer in a position to materially influence or affect the business relationship between SEDC and such publicly owned company. Any other interest in or relationship with an outside organization or individual having business dealings with SEDC is prohibited if this interest or relationship might tend to impair the ability of the officer(s) to be independent and objective in his or her service to SEDC.

d. If members of the immediate family of an officer have a financial interest as specified above, such interest shall be fully disclosed to the Executive Board which shall decide if such interest should prevent SEDC from entering into a particular transaction, purchase, or engagement of services. The term “immediate family” means officer’s spouse, parent, dependent children, and other dependent relatives.

e. When a conflict of interest exists, the officer shall publicly declare the nature of the conflict and may recuse him or herself on any official action involving the conflict.

f. Officers may not realize, seek, or acquire a personal interest in a business that does business with the SEDC.

g. Officers shall complete a Conflict of Interest Disclosure Form annually by the end of January. This Form shall be signed and notarized. Completed Forms shall be submitted to the Executive Board Secretary and made available to the public upon request.

h. The Executive Board Secretary shall provide copies of all completed Forms to the Executive Board at the end of January each year.

i. The Executive Board shall review all completed forms and consider the disclosures. The Executive Board should make changes to assignments, duties, or contracts deemed appropriate to eliminate or mitigate conflicts of interest within SEDC. Disclosures will be made public on the Executive Board section of the SEDC website.

Annual Conflict of Interest Disclosure Form

The following disclosures are required to be made annually by all officers of the Southwest Educational Development Center pursuant to Utah Code Annotated 17-16a-6, 7, and 8. If additional space is needed, please use a separate sheet of paper. Per statute, the information provided shall be kept on file with SEDC and may be subject to disclosure to the public.

I, _____________________________________________________am a duly appointed member of the Southwest Educational Development Center Executive Board.

I am an officer, director, agent, employee or owner of a substantial interest in the following business entities which do business with or anticipate doing business with SEDC:

Business Entity Name: Position within Business Entity:

Please note that pursuant to U.C.A. §17-16a-7, an officer must disclose his or her interest or involvement in such an entity immediately prior to any discussion in an open and public meeting pertaining to business that the SEDC may do with any such entity, regardless of whether a disclosure of interest or involvement in the business was made in this document.

The following personal interests or investments of mine create a potential or actual conflict between my personal interest and my public duties:

* * * OPTIONAL DISCLOSURES * * *

The following disclosures of other business interests, investments, and other matters are not required to be made by law, but are made with the intent to more fully disclose other interests that may be deemed relevant to the administration of public duties, or in furtherance of my intent to provide a more complete disclosure of my economic or personal activities, or for other reasons:

Sign: ________________________________________________________________

DATED THIS _______ DAY OF __________________ 20___

Adopted November 2020