The Florida International University Board of Trustees Conflict of Interest Disclosure Form

1. Scope. The following statement of policy applies to each member of the Board.

2. Fiduciary Responsibilities. Section 8 of Article II of the Constitution of the State of Florida states: “A public office is a public trust.” Board members of Florida International University serve the public trust and have a clear obligation to fulfill their responsibilities in a manner consistent with this fact. All decisions of the Board are to be made solely on the basis of a desire to advance the best interests of the institution and the public good.

Board members are generally involved in the affairs of other institutions and organizations. It is the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest.

Effective boards will include individuals who have relationships and affiliations that may raise questions about perceived conflicts of interest. Although many such potential conflicts are and will be deemed inconsequential, each Trustee has the responsibility to comply with the Code of Ethics for Public Officers and Employees which is contained in Chapter 112, Part III (Sections 112.311 – 112.326) of the Florida Statutes.

3. The Code of Ethics for Public Officers and Employees. No Trustee shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the Trustee would be influenced thereby.

No Trustee or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

No Trustee shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.

No Trustee shall have or hold any employment or contractual relationship as a legislative lobbyist requiring annual registration and reporting pursuant to Section 11.045.

The Code of Ethics provides definitions and sets forth the various contexts in which conflicts arise. As defined in the Code,

a “conflict of interest” arises in a situation in which regard for a private interest tends to lead to disregard of a public duty or interest.

Particular attention is required when public officers are in situations involving:

• solicitation and acceptance of gifts;
• favors or compensation;
• contracts and transactions with the University;
• unauthorized compensation;
• misuse of public position or confidential information;
• conflicting employment or consulting contractual relationships; and
• employment of relatives.

Thus, each Trustee has a continuing obligation to:

(a) be familiar with the Florida Statutes regarding ethics and conflicts of interest and the terms of this Policy;

(b) disclose to the Board Chair any possible personal, familial, or business relationships that might reasonably give rise to a conflict involving the University; and

(c) acknowledge by his or her execution of the attached “Conflict of Interest Disclosure Form” that he or she is in compliance with the letter and spirit of this Policy and applicable laws.

4. Disclosure. All Trustees shall list on the attached Conflict of Interest Disclosure Form, at least once a year, those relationships

(a) that they or members of their family maintain with organizations that do business with the University, or

(b) that could be construed to affect their independent, unbiased judgment in light of their decision-making authority and responsibility.

If a Trustee is uncertain as to whether to list a particular relationship, the Board chair and the General Counsel of the University should be consulted. Information shared or gathered as a result of such consultations (including information provided on the attached form) shall not be released except

• in accordance with applicable public records laws, or
• when the institution’s best interests would be served by disclosure, or
• as required by court order.
Any such required disclosure will be made only after informing the affected Trustee.

5. Voting: While Trustees are required to disclose all potential conflicts of interests as described in Section 4 above, Trustees are required to vote on all matters before the Board unless a specific conflict of interest as prescribed by law exists. In these particular conflict of interest situations, Trustees are not permitted to vote. In all other situations in which a conflict of interest is present and a Trustee is required to vote, the conflict of interest will be disclosed publicly at the Board meeting in which the matter involving the conflict of interest is being considered.

6. Definitions:
The following definitions apply to this policy:

Business Relationship – A business relationship is one in which a Trustee, or a Trustee’s spouse or child serves as an officer, director, or proprietor of, or has a material interest in, an organization that does business with Florida International University.

Material Interest - a direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity constitutes a material interest.

Below is The Florida International University Conflict of Interest Disclosure Form which each Trustee must file with the Secretary of the Board on or before October 1st of each year, unless a change necessitating an amendment occurs prior to October 1st of the following year.

History: Adopted September 10, 2015.
Reviewed and changes approved on March 3, 2022.

This Conflict of Interest Disclosure Form is intended to protect both the Board and the University, by affording the University ample opportunity to forestall any potential conflicts and assure that all Board decisions are above reproach.

To allow the Board and the University to monitor and promptly address any potential conflicts, please (i) identify below any relationships, financial or personal, that may constitute conflicts or potential conflicts of interest, or (ii) confirm that no such conflicts or potential conflicts are known to exist:

The following represent interests or relationships that are or may be in conflict with my position as Trustee of the University:
1. Personal, familial or business relationships that might reasonably give rise to a conflict involving the University.
2. Outside employment or service (any outside employment or provision of outside services by you or any member of your family) that may be in conflict with your position as a Trustee of the University.
3. Outside interests, financial and other (any interests or position which you or any member of your family hold in any outside concern from which the University obtains goods or services, or which provides services competing with the University):
4. Any other potential issues or conflicts:
As of today's date, I have no financial, professional, or personal relationships that reasonably hold the potential for a conflict of interest involving my service as a University Trustee.

I am familiar with The Florida International University Board of Trustees Conflict of Interest Policy pursuant to which this Disclosure Form is filed. I have disclosed all potential conflicts of interests of which I am aware, and I agree to promptly file a further Disclosure Form if any additional matters subject to disclosure arise before my next annual Disclosure Form is due.

As of today's date, I have no financial, professional, or personal relationships that reasonably hold the potential for a conflict of interest involving my service as a University Trustee.

I am familiar with The Florida International University Board of Trustees Conflict of Interest Policy pursuant to which this Disclosure Form is filed. I have disclosed all potential conflicts of interests of which I am aware, and I agree to promptly file a further Disclosure Form if any additional matters subject to disclosure arise before my next annual Disclosure Form is due. Not Applicable Today's Date: Today's Date:
Signature: *

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