Board Policies
Chapter 1 - System Organization and Administration
Section C - Code of Conduct & Ethics
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1C.1 Board of Trustees Code of Conduct
Part 1. Purpose. The purpose of this policy is to establish
the general standards of conduct required of trustees. As public officials,
trustees are required to file annual statements of economic interest,
and are subject to gift prohibitions and other provisions of Minnesota
State Statute 10A. Those provisions and any other applicable law
shall govern in the event of any conflict between applicable law and
this policy.
Part 2. General Standards Of Conduct. In order to fulfill its
statutory authority and support the vision, mission, values and goals
of the MnSCU system, the Board functions as a collegial unit. The Board
functions well as a unit when the individual members act ethically,
are committed to working together, operate in a non-partisan manner
and speak with one voice. The Board creates a positive climate when
it focuses on the future, acts with integrity and civility and uses
its influence appropriately.
Subpart A. Authority to act. Each board member is encouraged
to contribute his or her talents and perspectives to the Board. Although
board members are free to voice their personal opinions, no board
member has the authority to act on his or her own to further a personal
agenda or to direct college, university or system employees or operations.
Subpart B. Informed decision-making. Trustees strive to make
informed decisions based on sufficient information, thoughtful deliberation
and comprehensive understanding of issues. To achieve that goal, board
members gather information by listening, asking questions, analyzing
materials and exploring issues thoroughly in conjunction with other
trustees, faculty, staff, students and constituency groups.
Subpart C. Support for Board decisions. Individual trustees
are able to express their opinions vigorously and openly during the
decision making process and may respectfully disagree with colleagues.
However, once a decision has been made and the Board has taken action,
it is each member's responsibility to support the decision.
Subpart D. Official spokesperson. Trustees are the stewards
of the system and advocates of its policies and programs. The official
spokesperson for the Board is the chair of the Board or the chair's
designee.
Part 3. Conflicts Of Interest.
Subpart A. Disclosure of potential conflicts. A trustee who
in the discharge of official duties would be required to take an action
or make a decision that would substantially affect the trustee's financial
interests or those of an associated business, unless the effect on
the trustee is no greater than on other members of the trustee's business
classification, profession, or occupation, must take the following
actions:
- Prepare a written statement describing the matter requiring action
or decision and the nature of the potential conflict of interest;
and
- Deliver copies of the statement to the Board chair for distribution
to the Board.
If a potential conflict of interest presents itself and there is
insufficient time to provide the written statement under paragraphs
1 and 2, the trustee must orally inform the Board of the potential
conflict in open meeting session.
Subpart B. Required actions for trustee with potential conflict
of interest. If a potential conflict of interest arises for a
trustee, the Board chair must assign the matter in which the potential
conflict arises, if possible, to another trustee or other individual
who does not have a conflict of interest.
A trustee with a potential conflict of interest shall:
- Abstain, if possible, from influence over the action or decision
in question.
- File a statement describing the potential conflict and the action
taken, if the trustee is not permitted or is otherwise unable to
abstain from action in connection with the matter. The statement
shall be filed with the Campaign Finance and Public Disclosure Board,
and copied to the Board chair, within a week of the action taken.
The Board chair shall promptly distribute copies of the statement
to Board members.
Subpart C. Abstention. A trustee who has a potential conflict
of interest shall not chair a meeting, participate in any vote, offer
any motion or discussion, or otherwise attempt to influence other
trustees on the matter giving rise to the potential conflict of interest.
Part 4. Employment With Minnesota State Colleges And Universities.
Except as provided in this part, a trustee shall not seek or accept
employment with the System or its colleges or universities while serving
as a trustee. This provision does not prohibit any trustee from employment
as an adjunct faculty member or a student trustee from employment with
a college or university in a non-administrative, part-time position,
such as the work study program.
Part 5. Prohibited Activities.
Subpart A. Use of position to secure benefits. Except as otherwise
provided by law or policy of the Board, a trustee shall not use the
position, authority, title, influence, or prestige of trustee to secure
special privileges or exemptions not available to the general public
for the benefit of the trustee, trustee's family members, or others.
Subpart B. Confidential or protected communications. Except
as otherwise required by law or authorized by the Board, a trustee
shall not disclose to any unauthorized persons information or communication
subject to confidentiality by action of the Board or other applicable
law or policy, including privileged attorney/client communications.
Subpart C. Use of influence. Except for those decisions that
are subject to the direct authority of the Board, no trustee shall
attempt to influence the hiring of System, college or university employees,
or the awarding of consulting or other contracts.
Part 6. Removal. If the Board determines that the conduct of
a trustee has violated the trustee's professional or fiduciary responsibilities,
Board policy or other governing law, the Board may recommend that the
Governor remove the trustee from the Board for cause under Minnesota
State Statute 15.0575.
| Date of Implementation: |
5/21/03, |
| Date of Adoption: |
5/21/03, |
| Date
& Subject of Revisions:
There
is no additional HISTORY for 1C.1
at this time. |
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