KCTCS Board of Regents Policy
Board of Regents Conflict of Interest Policy
Policy Number: 5.2
Current Effective Date: 03/25/2022
Original Effective Date: 03/25/2022
Revision Dates: 0
Revision Number: 0
Revision Summary: new policy implementation
Responsible Official: KCTC Board of Regents
References: KRS 45A.340, KRS 164.390
This policy governs conflicts of interest to ensure the Board conducts transactions with transparency and integrity.
This policy applies to appointed and elected members of the KCTCS Board of Regents during their terms of service on the Board. It applies to full committee service as well as full Board activities.
- A Regent shall be considered to have a conflict of interest if the Regent
- acts or advocates against the best interests of KCTCS or one of its colleges;
- has existing or potential financial or other interests that impair or reasonably appear to impair the Regent's independent, unbiased judgment in the discharge of their responsibilities to the institution; or
- is aware that a family member or any organization in which the Regent or their family
member is an officer, director, employee, member, partner, trustee, or controlling
stockholder, has such existing or potential financial or other interests.
- To ensure the robust conduct of the Board of Regents’ business, nothing in paragraph
A(i) of this policy shall be used to intentionally or improperly chill the ability
of Regents to engage in discussion. Because open and free debate is the basis for
sound governance, disagreement over positions considered by the Board shall not be
construed or interpreted as a conflict of interest unless a course of action violates
the law or the fiduciary duties of Regents to the System and its colleges.
- For the purposes of this provision, a family member is defined as a spouse, parents,
siblings, children, and any other relative if the latter resides in the same household
as the Regent.
- If a Regent becomes aware of a conflict of interest prior to a meeting, the Regent
shall disclose the circumstances to the Board Chair using the Conflict of Interest
- If the conflict comes to light during a meeting, the Regent must disclose it to the
full body at the earliest practical time and before the Regent is involved in any
discussion or action.
- Once a Regent becomes aware of a conflict, whether prior to or during a meeting, the
Regent shall immediately refrain from expressing an opinion or taking a position on
the matter. Additionally, the Regent shall not participate in Board discussions of,
motions for, or votes on the subject of the conflict.
- The minutes of such meetings shall reflect that a disclosure was made and that the
Regent who has a conflict or possible conflict abstained from voting. Any Regent who
is uncertain whether a conflict of interest may exist in any matter may request that
the Board or committee resolve the question in the Regent’s absence by majority vote.
- Appointed Regents complete a conflict of interest form when filing their application
with the Office of Boards and Commissions.
- Elected Regents complete the form when filing to run as a candidate.
- All Regents, elected or appointed, shall disclose through an annual certification whether a conflict of interest exists using the Conflict of Interest form.