4.2.d Conflict of Interest

The governing board defines and addresses potential conflicts of interest for its members.

Judgment

x Compliance o Non-Compliance o Partial Compliance

Narrative

Both UL Lafayette’s Coordinating Board, the Louisiana BOR, and its Governing Board, the UL System BOS, define and address potential conflicts of interest for their members.

Both Boards are subject to the stipulations of the Louisiana Code of Governmental Ethics. In addition, the BOS conducts business in accordance with its own Bylaws. Both the state Code of Ethics and the BOS Bylaws address the issue of conflict of interest.

The Louisiana Code of Governmental Ethics (RS 42:1101, Chapter 15) addresses conflicts of interest generally in its opening Declaration of Policy:

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 remuneration 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.

The BOS Bylaws (Part I, Section G) also address the issue of conflict of interest generally at the Board level:

G. Conflict of Interest. The Board of Supervisors for the University of Louisiana System is the governing board for all institutions that comprise the University of Louisiana System. All members of the Board are appointed officers of the State of Louisiana. As such, they are subject to the laws of the State as defined by the 1974 Louisiana State Constitution (Art. X. Public Officials and Employees, Part I., Sec. 2) and the State Code of Ethics which govern their conduct and responsibilities.

The UL System BOS Bylaws, Section XII addresses the regular evaluation of the Board’s assessment of conflicts of interest:

The self-evaluation will include assessments regarding . . . Board orientation and ongoing education [and the] board’s method for identifying and addressing potential conflicts of interest.

More specifically, through its Code of Ethics and multiple statutes, the state of Louisiana defines, addresses, and prohibits many forms of conflict of interest among members of the BOR and BOS, and thereby protects UL Lafayette from such conflicts. The Louisiana Code of Ethics defines and addresses nepotism, influence through gifts, and contractual conflicts. The UL System President, as well as all board members must submit financial disclosure statements annually to the Board of Ethics. Board members are required to disclose any political contributions to the appointing authority.

Meetings of the BOS and the BOR are advertised and open to the public, and no votes may be taken in executive sessions:

· La RS 42:12 Public Policy for Open Meetings

· La RS 42:14 Meetings of Public Bodies Open to Public

· La RS 42:16 Executive Sessions

Upon appointment, each member of the BOR and BOS is required to sign an oath stating:

[I will] support the constitution and laws of the United States and the constitution and laws of this State; and I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____, and according to the best of my ability and understanding.

At their mandated orientation, new members of the BOS are issued copies of the Louisiana Code of Governmental Ethics (sample 2017 Orientation Schedule), and must complete and submit an ethics disclosure form.

A mandatory annual ethics training (2016, 2017, 2018) maintains board members’ and employees’ familiarity with the Code of Governmental Ethics, and the Louisiana Constitution provides for the impeachment of a board member for misconduct associated with non-compliance with state-mandated ethics.