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Code of Ethics Policy 114.02

Code of Ethics Policy 114.02
Johnson County Community College
Series: 100 Board of Trustees
Section: Duties and Responsibilities of the Board

Applicability: This Policy applies to each member of the Board of Trustees and to Designated Officers. All other employees are subject to the Conflict of Interest Policy 431.00.

Purpose: The purpose of this Policy is to promote transparency in leadership and public confidence in the integrity of its Board and employees. While the College acknowledges that its leaders may be involved in the affairs of other organizations, it remains crucial to address actual and Perceived or Potential Conflicts of Interest. It is with these thoughts in mind that the Board of Trustees has adopted this Code of Ethics.

Definitions:

“Business Agreement” means any agreement, contract, or other business relationship which legally and contractually binds or obligates the College including, but not limited to, purchase agreements for goods, services, and real property, leases, affiliation agreements, sales agreements, grant contracts, memoranda of understanding, letter and arrangement agreements, and commitments.

“Conflict of Interest” means any situation where financial or personal considerations compromise an individual’s objectivity, professional judgment, professional integrity or ability to perform responsibilities for the College and includes actual Conflicts of Interest and Perceived or Potential Conflicts of Interest.

“Designated Officer” means the following College employees:

  • President
  • Executive Vice Presidents
  • Vice Presidents
  • Associate Vice Presidents
  • Executive Directors
  • Directors with significant oversight of purchasing and/or contracting.

"Family Member” means, for the purposes of this Policy and the Disclosure Form for Trustees and Designated Officers, a spouse, parent, sibling, child, or any other relative or partner who resides in the same household as the Trustee or Designated Officer.

“Perceived or Potential Conflict of Interest” occurs when, although there is no actual Conflict of Interest, the circumstances are such that a reasonable person might question whether an individual’s objectivity, professional judgment, professional integrity or ability to perform responsibilities for the College are compromised.

Statement:

I. Fiduciary Responsibilities: Trustees and Designated Officers serve the public trust and have a clear obligation to fulfill their responsibilities in a manner consistent with this fact. All decisions of the Board and recommendations made by these Designated Officers are to be made solely on the basis of a desire to promote the best interest of the College and the public good. The College's integrity must be protected and advanced at all times.

The following non-exclusive list provides examples of situations that often give rise to actual, Perceived or Potential Conflicts of Interest when a Trustee or Designated Officer:

  1. Has an ownership interest in an entity with which the College does business;
  2. Receives significant salary or other compensation from an entity with which or individual with whom the College does business;
  3. Receives significant personal gifts or individual discounts from an entity with which or individual with whom the College does business;
  4. Is an officer, director or other key decision maker for an entity with which the College does business:
  5. Receives significant commissions or fees as part of an outside business from a customer or client with which the College also does business; or
  6. Has a Family Member or close personal relationship with someone who fits into one of the categories described above.

Additionally, Conflicts of Interest may arise in other circumstances, such as those described in the Dating and Relationship Policy 423.02 and the Nepotism Policy 423.01, and such circumstances will be addressed in accordance with those policies.

II. Disclosure of Interests: Although most Perceived or Potential Conflicts of Interest are and will be deemed inconsequential, Trustees and Designated Officers shall disclose Perceived or Potential Conflicts of Interest, as well as actual Conflicts of Interest. In determining whether an interest needs to be disclosed, Trustees and Designated Officers should err on the side of caution and construe this Policy broadly in favor of disclosure, and may seek guidance from the College Office of General Counsel, Board Chair (in the case of Trustees), and President (in the case of Designated Officers).

  1. All Trustees and Designated Officers are required to annually review this Code of Ethics and complete the Disclosure Form for Trustees and Designated Officers identifying interests in other organizations and other Perceived or Potential Conflicts of Interest, as set forth in the Form. This Form must be completed and filed with the Chair and Secretary of the Board after April 15 and before April 30 each year. New Trustees and Designated Officers must file the disclosure form within 15 days of taking office if appointment or election to the position occurs after April 30.
  2. If a Trustee or Designated Officer is uncertain whether to disclose a particular interest or relationship, the Trustee or Designated Officer should keep in mind the purpose of this Code of Ethics and consult the Office of General Counsel.
  3. Trustees and Designated Officers have an ongoing responsibility to timely update the Disclosure Form during the year upon the development of a new substantial interest or Perceived or Potential Conflict of Interest.
  4. Disclosure Forms are subject to public inspection.

III. Agreements, Contracts and Purchases: Trustees and Designated Officers shall not knowingly promote or enter into Business Agreement on behalf of the College when an actual Conflict of Interest or a Perceived or Potential Conflict of Interest exists, including in the following circumstances:

  1. Trustee or Designated Officer is employed by or is the other party to the Business Agreement.
  2. Trustee, Designated Officer, or a Family Member held an equitable interest of more than $5,000 or 5% of the other party to the Business Agreement at any time in the preceding 12 months.
  3. Trustee, Designated Officer, or a Family Member received at least $2,000 in taxable compensation (wages, commissions, fees, etc.) in the preceding tax year from the other party to the Business Agreement.
  4. Trustee, Designated Officer, or a Family Member received at least $500 in gifts in the preceding 12 months from the other party to the Business Agreement, unless a gift is due to a personal relationship and clearly not for the purpose of influencing the employee’s official College duties.
  5. Trustee, Designated Officer, or a Family Member holds a key decision-making position with the other party to the Business Agreement (e.g., officer, director, partner, executive, proprietor, etc.).

IV. Gifts: Trustees and Designated Officers who participate in approving or selecting vendors, products and contractors or who participate in forming Business Agreements should avoid accepting significant gifts and individual discounts from outside individuals and entities that are existing or potential vendors and contractors for those Business Agreements when it is clear a reasonable person would infer that it is the donor’s intent is to influence the Trustee or Designated Officer’s official College duties. Occasional meals, beverages and other non-extravagant gifts are acceptable as long as they are not intended to influence the Trustee or Designated Officer’s official action on behalf of the College.

Trustees and Designated Officers are encouraged to consider donating any gifts or proceeds to the College or Foundation. A gift received as a result of a purchase made by the College should typically be deemed as a gift to the College and not any individual. Monetary gifts made to the College, whether directly or indirectly through one of its Trustees or employees, shall be subject to the External Funds Policy 212.05.

V. Restraint on Participation: If a Trustee or has an actual or significant Perceived or Potential Conflict of Interest, the Trustee shall refrain from unduly influencing the College’s decision-making process with respect to that item of business. Specifically, the Trustee must refrain from all of the following acts: (a) participating in related Board discussions, (b) making recommendations, (c) negotiating terms or contractual provisions and (d) voting on that item. In certain circumstances, the Trustee may be asked to leave, as determined by the Board Chair (or Vice Chair if the Chair has the actual or significant Perceived or Potential Conflict of Interest), while the item of business is discussed, negotiated and/or taken to a vote. If a Designated Officer has an actual or Perceived or Potential Conflict of Interest, that individual shall not participate in the College’s decision-making process with respect to that item of business. In determining whether a Designated Officer shall refrain from participation, the Designated Officer should consider all relevant facts and circumstances should be considered, including whether the contract price is fixed by law or whether the transaction will be entered into solely and exclusively on the basis of the competitive bidding process, in which case, a Designated Officer with a Perceived or Potential Conflict of Interest may still be allowed to participate in some parts of the process.

VI. Ineligibility for Employment: In accordance with Kansas Statute 71-1403(d), no member of the Board of Trustees shall be an employee of the College.

VII. Violations: A Trustee found to be in violation of this Code of Ethics or the Code of Conduct may be subject to a Resolution of Censure. A Designated Officer found to be in violation of this Code of Ethics may be subject to discipline, up to and including termination of employment, in accordance with College personnel policies.

Date of Adoption: 05/26/1993
Revised: 10/03/1996, 10/21/2004, 07/14/2005, 08/08/2006, 02/24/2010, 01/18/2018, 11/17/2022, 07/20/2023