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This presentation provides insight into how Jacksonville ISD is handling the provisions of HB 914, including maintaining lists of local government officers, filing conflict disclosures, and completing conflict of interest questionnaires. Learn more on our website.
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Sharpening Skills - Challenging Minds HB 914 IMPLEMENTATION FEBRUARY 14, 2006 Presented by: Danny Morrow
Disclaimer • This is for informational purposes only. This is to provide insight to how Jacksonville ISD is handling the provisions of HB 914. It is not intended to be a substitute for legal advice.
HB 914 Provisions • Effective 9/1/2005, Sec 176.007 District shall maintain a list of local government officers and make available to the public. • Effective 1/1/2006, Sec 176.003(b) A local government officer shall file the conflicts disclosure with the records administrator not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the conflict. • Effective 1/1/2006, Sec 176.006 A vendor or person described by Section 176.002(a) shall file a completed conflict of interest questionnaire not later than the seventh business day after the date that the person: • (1) begins contract discussions or negotiations with the local governmental entity; or • (2) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the local governmental entity….
HB 914 Provisions (cont’d) • The law requires that updated questionnaires be filed not later than September 1 of the year for which an activity described in Sec 176.006(a) except where a questionnaire has been filed on or after June 1, but before September 1, of that year. • The $250 gift disclosure is an aggregate value during a 12-month period preceding and after the date in which an activity as defined has occurred Sec 176.003. • Gifts do not include food, lodging, transportation and entertainment accepted as a guest of the vendor, but the vendor or vendor’s representative must be present during the acceptance of these benefits.
Posting on the Internet • Sec 176.009 (a) A local governmental entity shall provide access to the statements and questionnaires filed under this chapter on the Internet website maintained by the local governmental entity.
Review Your Local Policies • The provisions of HB 914 do not replace previous provisions as defined in: • BBFA Conflict of Interest Disclosures • BBF Board Member Ethics • DH Employee Standards of Conduct • DBD Employee Conflict of Interest • CAA Financial Ethics
Continued Review • Each board member and district employee subject to the disclosure statements should review his or her financial interest to determine if there is a conflict of interest that must be disclosed. This review should be done regularly to catch recent changes in jobs or investments by board members, employees, and relative within the first degree of consanguinity or affinity.
Due Diligence • JISD has added the following statement to all of our purchase orders. • Pursuant to Texas H.B. No. 914 and in accordance with Chapter 176 of the Texas Local Government Code, Section 176.006 Vendors must file on an annual basis a Conflict of Interest Questionnaire with the Jacksonville ISD Records Administrator. Conflict of Interest Questionnaire and instructions can be found on our website www.jacksonvilleisd.org under “Quick Links” and completed forms can be faxed to 903-586-3133 • JISD has added to all of our bid documents Form CIQ and is required to be completed to constitute an acceptable bid/proposal. • JISD is using the filed questionnaires as an integral part of our vendor management and fraud prevention programs. • Plan to deal with the mandate and managing the scope of the requirements.
JISD Web Page • http://www.jacksonvilleisd.org/purchcoi.htm • Form CIS • Form CIQ