BP 3-70 – Ethics

State Board for Community Colleges and Occupational Education


BP 3-70

APPROVED: December 10, 1987
EFFECTIVE: December 10, 1987
REPEALED: September 14, 2000
READOPTED: August 25, 2001
REVISED: February 9, 2005
REVISED: December 13, 2023
RETITLED: December 13, 2023

REFERENCE(S): C.R.S. §§ 18-8-301 et seq., Bribery and Corrupt Influences; C.R.S. §§ 18-8-401 et seq., Abuse of Public Office; C.R.S. § 23-60-202, Duties of Board with Respect to State System; C.R.S. §§ 24-18-101 et seq., Code of Ethics

APPROVED:
/ Landon Mascareñaz /
Landon Mascareñaz, Chair

POLICY STATEMENT

Public confidence in the integrity of state government demands that public officials demonstrate the highest ethical standards at all times. Those who serve the people of the State of Colorado as public officials should do so with integrity and honesty, and should discharge their duties in an independent and impartial manner. Any effort to realize personal gain through official conduct, other than as compensation set through established processes, or disclosure of confidential information, is a violation of the public trust. External obligations, financial interests, and activities of each Board member and employee of the State Board for Community Colleges and Occupational Education (SBCCOE or Board) must be conducted so there is no real or perceived conflict or interference with the Board member’s or employee’s primary obligation and commitment to the Colorado Community College System.

SCOPE

This policy applies to all Board members and employees in the Colorado Community College System, including its Colleges (CCCS or System).

DEFINITIONS

“Immediate Family”: A Board member’s or employee’s spouse including, but not limited to, domestic and civil union partners; children, step‑children, and their spouses; siblings and siblings-in-law; parents and parents-in-law; grandparents and grandparents-in-law; grandchildren and their spouses; aunts and uncles; nieces and nephews.

“Line of Supervision”: The immediate supervisor or any person in the ascending order of supervision up to and including the College President and Chancellor.

“Related Party”: Immediate family; an estate or trust in which a Board member or employee, or their immediate family, has a beneficial interest; or an entity in which a Board member or employee, or their immediate family, is a director, officer, or has a financial interest.

CODE OF CONDUCT

All Board members and employees:

  • Shall serve the public and each other with respect, consideration, courtesy, and responsiveness.
  • Shall demonstrate the highest standards of personal accountability, integrity, truthfulness, and honesty, and shall, through personal conduct, inspire public confidence and trust in government.
  • Shall not use Board membership or employment to bestow any preferential benefit on any immediate family, related party, or anyone related to the Board member or employee by family, business, or social relationship.
  • Shall not disclose or use, or allow others to use, confidential information acquired by virtue of Board membership or employment for private gain.
  • Shall not accept outside compensation for performance of state duties, including the acceptance of any fee, payment, gift, reward, gratuity, expense, or other thing of monetary value that could result in real or perceived preferential treatment, impediment of governmental efficiency or economy, loss of complete independence and impartiality, decision making outside official channels, or disclosure or use of confidential information acquired through Board membership or state employment, except that Board members and employees may accept awards from non-profit organizations for meritorious public contributions.
  • Shall not perform work for individual benefit when the work in question falls within the regular Board or employment duties of the individual.
  • Shall not engage in outside employment unless: (i) the outside employment is disclosed, and (ii) the outside employment does not interfere with the performance of state duties. For employees, such disclosure must be disclosed to the immediate supervisor and documented with appropriate approvals.
  • Shall not use state time, property, equipment, or supplies for personal benefit, for the benefit of outside employers or activities, or for any other purpose not in the interests of the State of Colorado.
  • Shall not engage in a substantial financial transaction for their private business purposes with a person the Board member or employee inspects, regulates, or supervises in the course of their official duties.
  • For employees, should not, within six months following the termination of employment, obtain employment in which they will take direct advantage, unavailable to others, of matters with which they were directly involved during the term of employment with CCCS.
  • Shall not assist any person for compensation or a contingent fee in obtaining any contract, claim, license, or other economic benefit from the state.
  • Shall not perform an official act directly and substantially benefiting a business or other undertaking in which the individual either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent.
  • Shall not be an executive officer of, or own or control substantial interest in, a nongovernmental entity which enters into a transaction with the Board or CCCS, unless written disclosure of such is made to the Secretary of State and to the Board at least 72 hours in advance, and approval of the Board is obtained prior to completion of the transaction.
  • Shall not knowingly engage in any activity or business which creates a conflict of interest or has an adverse effect on the confidence of the public in the integrity of government.
  • Shall carry out all duties as a public servant by exposing corruption or impropriety in government whenever discovered.
  • Shall support equal access and employment opportunities at CCCS.
  • For Board members, shall not permit a circumstance involving employment anywhere within the System of immediate family, unless the circumstances are disclosed and approved by the Board.
  • For employees, shall not be in the line of supervision of, or evaluate the academic work of, immediate family or an individual with whom they are in an amorous relationship, unless the circumstances are disclosed, and the conflict of interest is appropriately addressed in accordance with applicable procedures.
  • Shall comply, at all times, with the standards of conduct set forth in title 24, article 18 of the Colorado Revised Statutes and other applicable laws.

REASONABLE PERSON STANDARD

When evaluating whether a Board member or employee has violated any provision of the Code of Conduct, the standard used will be whether a reasonable person would have known the conduct is improper.

ACKNOWLEDGMENT AND DISCLOSURES

Board members shall read and acknowledge the Ethics policy upon initial appointment to the Board. Additionally, Board members shall submit Disclosures of Gifts and Benefits, Conflicts Disclosure Statements, and Disclosures of Affiliations. Board members shall satisfy any disclosure and approval requirements in this policy by following the processes outlined in the applicable procedures.

Employees shall read and acknowledge the Ethics policy upon initial employment with the System. Additionally, the Chancellor, System Executive staff, College Presidents, College senior staff and System Audit staff shall submit Disclosures of Gifts and Benefits, Conflicts Disclosure Statements, Disclosures of Affiliations, and Conflicts of Interest as necessary, as outlined in applicable procedures.

Other disclosures, such as an Interest In Financial Transaction approval request, may be required on an as needed basis to address specific potential or actual conflicts of interest as outlined in applicable procedures.

PROCEDURE

The Chancellor shall promulgate such procedures as may be needed to implement this policy.