3.2.3 Board Conflict of Interest

The board has a policy addressing conflict of interest for its members.

  Compliance           ___  Partial Compliance          ___  Non-Compliance

Narrative:

Members of the Louisiana’s Community and Technical College System Board of Supervisors (LCTCS) are governed by Title 42 of the Louisiana Revised Statutes of 1950 which defines a public employee as:

Anyone, whether compensated or not who is appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof.

Thus, they must adhere to the Title 42: Public Officers and Employees, Chapter 15: Code of Governmental Ethics which states: 

It is essential to the proper operation of democratic government that elected officials and public employees be independent and impartial; that governmental decisions and policy be made in the proper channel of the governmental structure; that public office and employment not be used for private gain other than the renumeration provided by law; and that there be public confidence in the integrity of government. The attainment of one or more of these ends is impaired when a conflict exists between the private interests of an elected official or a public employee and his duties as such. The public interest, therefore, requires that the law protect against such conflicts of interest and that it establish appropriate ethical standards with respect to the conduct of elected officials and public employees without creating unnecessary barriers to public service.

In 2008, Governor Bobby Jindal held a special legislative session on ethics reform in Louisiana government.  One of the many ethics laws passed at that time included House Bill 6, which, “[r]equires annual ethics training for all public servants and lobbyists. This law will phase in mandatory training each year for all those governed by the ethics code to promote awareness and compliance with new and existing laws.”

In addition, the LCTCS Code of Conduct  policy prohibits staff members of the LCTCS from engaging in practices or conduct that conflict with the interests of the LCTCS:

Employees shall not conduct private business using system/college staff, equipment, systems, information processing resources (to include, but not limited to, hardware, software, communications networks, physical facilities, personal computers, and printers, e-mail and voice mail), supplies or facilities; nor transport or use system/college equipment, systems, supplies or facilities for personal purposes.  Employees may not conduct private business with the college or system.  (1)

 A few recent examples of board members recusing themselves from voting follows:

August 11, 2010 Board Minutes (2) :

On motion of Supervisor Smith, seconded by Supervisor Hardy, the Board voted to ratify one (1) new Incumbent Worker Training program Contract and two (2) modifications as presented:

• Northrop Grumman Shipbuilding/Delgado Community College –
   Contract Amount: $2,592,776

• Crosby Tugs, LLC/Delgado Community College – Contract
   Amount: $163,844

• PBC Management, Inc. (Florida Marine Transporters)/Delgado
   Community College – Amount: $1,304,795

Supervisor Ogé recused himself from voting on this agenda item.
Bonni Blouin conducted a roll call vote resulting in 14 Yea votes, 0 Nays votes, and 1 Recusal. The motion passed.

May 12, 2010 Board Minutes (3) :

Supervisor Barham presented a motion to approve a professional services contract between Capital Area Technical College and Associated Builders and Contractors, Inc., effective June, 2010 to October 30, 2010. This contract is subject to the approval of the Office of Contractual Review. Supervisor Murphy seconded the motion.

Supervisor Toups recused himself from voting on agenda item H.3. 
A roll call vote was taken, resulting in 15 Yea votes, 0 Nay votes, and  1 Recusal. The motion carried.

May 12, 2010 Board Minutes (4) :

Supervisor Mellington presented a motion to ratify 4 new Incumbent Worker Training Program Contracts as presented.  Supervisor Price seconded the motion.

Supervisor Keith Gamble recused himself from voting on agenda item H.5.
A roll call vote was taken resulting in 15 Yea votes, 0 Nay votes, and 1 Recusal. The motion carried.

Documentation: