1.09 Conflicts of Interest and Substantial Interests Disclosure
A. Purpose
To establish a procedure to disclose potential conflicts of interest and substantial interests for college trustees and certain employees.
B. Policy
The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a standard for disclosure of college trustees and certain employees of private financial or other interests in matters affecting the college.
Conflicts of Interest
1. All trustees and certain employees of the college must comply with section 105.450 et seq. of the Missouri Revised Statutes regarding conflicts of interest as well as any other state law governing official conduct.
2. Any member of the Board of Trustees of Ozarks Technical Community College who has a “substantial interest” in any measure, bill, order or policy proposed or pending before the Board must disclose that interest and such disclosure shall be recorded in the Board minutes. For purposes of this policy, “substantial interest” is defined as ownership by the trustee, his/her spouse, or his/her dependent children, whether singularly or collectively, directly or indirectly, of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000 or more; or (3) the receipt of a salary, gratuity, or other compensation or remuneration of $5,000 or more per year from any individual, partnership, organization, or association within any calendar year.
3. The college shall not employ members of the Board of Trustees for compensation. The college will not accept applications of employment from Board members, consider Board members for employment or decide to employ Board members while they remain as members of the Board of Trustees.
Disclosure Reports
The college will notify each individual designated as a required qualified filer to disclose the following information in writing by May 1 of each year if any such transactions occurred during the previous calendar year:
1. For each person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars, if any, that such person had with the college, other than compensation received as an employee or payment of any tax, fee or penalty due to the College, and other than transfers for no consideration to the College.
2. The date and identities of the parties to each transaction known to the trustee, chief administrative officer or chief purchasing officer with a total value in excess of five hundred dollars, if any, that any business entity in which such trustee, chief administrative officer or chief purchasing officer had a substantial interest, had with the College, other than payment of any tax, fee or penalty due to the College or transactions involving payment for providing utility service to the College, and other than transfers for no consideration to the College.
3. The chief administrative officer and chief purchasing officer also shall disclose by May 1 of each year for the previous calendar year the following information:
a. The name and address of each of the employers of such person from whom income of one thousand dollars or more was received during the year covered by the statement.
b. The name and address of each sole proprietorship that owned; the name, address, and general nature of the business conducted of each general partnership and joint venture in which they were a partner and participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address, and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent or more of any class of outstanding stock, limited partnership units, or other equity interests.
c. The name and address of each corporation for which such chief administrative officer or chief purchasing officer served in the capacity of a director, officer, or receiver.
4. In the event a trustee is running for re-election, the trustee must file the personal financial disclosure by the candidate filing deadline.
Filing of Reports
1. The financial interest statements shall be filed at the following times, but no trustee, chief executive officer or chief purchasing officer is required to file more than one financial interest statement in any calendar year:
a. Each trustee, chief administrative officer and chief purchasing officer required to file a financial interest statement shall file the statement annually no later than May 1, and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any trustee, chief administrative officer or chief purchasing officer may supplement their financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.
b. Each trustee, chief administrative officer and chief purchasing officer shall file the statement within thirty days of appointment or hire date, covering the calendar year ending December 31.
2. Each year the college will notify the Missouri Ethics Commission of those individuals designated as required filers. Their disclosure reports shall be filed with the College executive assistant to the chancellor and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
Filing of Policy
A certified copy of this policy, first adopted on August 19, 1991, shall be sent within ten (10) days of its subsequent review and adoption to the Missouri Ethics Commission.
C. Procedure
This policy relates to the Board of Trustees. Therefore, the procedures are included in the Policy section to allow the Board of Trustees to approve the procedures.
D. Definitions
First degree of consanguinity: a close blood relative (sharing about 50 percent of their genes) which includes the individual’s parents, full siblings, or children.
Chancellor: the chief administrative officer and is responsible to the Board of Trustees for the total operation of the college including the recommendation of institutional policies for adoption and for the administration of the college according to established purposed and policies as promulgated by the Board of Trustees.
E. Authority
This policy and these procedures are maintained under the authority of the chief of staff and the vice chancellor for Finance.
F. Related Policies
G. Implementation
This policy was originally adopted August 19, 1991; Annual renewal September 13, 2023.
Set for review and approval every two years prior to September 15 by the Ozarks Technical Community College Board of Trustees and sent within 10 days of renewal to the Missouri Ethics Commission.