As appointed officials, members of the Utah Board of Higher Education (“Board”) are “public officers” under Utah Code section 67-16-3(13)(a)(i)(A) and, as such, are subject to standards of conduct in areas where there are actual or potential conflicts of interest between their public duties and their private interests. These ethics standards are outlined in Utah law and Board Policy R122.
Relevant Law and Policy
Controlled, private, or protected information means information classified as controlled, private, or protected by the Utah Government Records Access and Management Act or other applicable law.
Substantial interest means the ownership, either legally or equitably, by an individual, the individual’s spouse, or the individual’s minor children, of at least 10% of the outstanding capital stock of a corporation or a 10% interest in any other business entity.
A Board member has a duty to comply with Utah law, particularly regarding ethics and conflicts of interest, and shall not:
Conflicts of Interest
A Board member shall not have personal investments in any business entity which will create a substantial conflict between the Board member’s private interests and their public duties.
Gifts, Compensation, and Loans
A Board member shall not knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:
This prohibition does not apply to:
A Board member may not receive or agree to receive compensation for assisting any person or business entity in any transaction involving a Utah state agency, including the Utah Board of Higher Education the Utah Education Savings Board of Trustees, my529, or any USHE institution, before filing a disclosure as outlined below.
A Board member shall recuse themselves from any discussion and vote on a matter that involves any business entity to which they are officers, directors, or employees or in which they own a substantial interest.
A Board member shall submit a disclosure statement in the following circumstances:
What: The Board member’s position in the entity and the precise nature and value of the Board member’s interest in the entity.
When: Upon first becoming a Board member; whenever the Board member’s position in the business entity changes significantly; and if the value of the Board member’s interest in the entity increases significantly.
What: All relevant facts underlying the government action, the Board member’s involvement with it, and how it affects the donor or lender.
When: Within 10 days of the date of the transaction.
What: All relevant facts underlying the transaction, including the amount of compensation.
When: Within 10 days after the date of any agreement between the Board member and the person or entity being assisted or within 10 days of the receipt of compensation, whichever is early.
Disclosure Statements shall be:
The Board Secretary shall file a submitted Disclosure Statement:
Disclosure statements are classified as public.
A Board member who knowingly and intentionally violates the law and/or policy may be removed from office and may be subject to criminal penalties.
Board members may refer questions about ethics, conflicts of interest, or disclosure statements to General Counsel Alison Adams.