Section 2900.120  Conflicts of Interest

a)         No commissioner, including the Chairperson, shall participate in any CCLRB business, including, but not limited to, voting, when that commissioner has a conflict of interest.

b)         For the purposes of this Section, whether a commissioner has a conflict of interest shall be determined by the following guidelines:

1)         A commissioner has a conflict of interest in a matter if the commissioner's interest, through business, investment, personal relationship or family, reasonably creates the appearance of impropriety in the performance of his or her duties on the CCLRB. 

2)         Examples of conflicts of interest include, but are not limited to, the following:

A)        using public office for direct or indirect private gain;

B)        giving preferential treatment to any organization or person;

C)        losing independence or impartiality of action;

D)        making a government decision outside official channels; or

E)        otherwise adversely affecting the confidence of the public in the integrity of the CCLRB.

c)         Disclosure

Prior to the CCLRB taking any action on a matter in which a commissioner has or may have a conflict of interest, the interested commissioner shall disclose that interest to the other commissioners.

d)         Determination of Conflict of Interest

A commissioner may use any of the following procedures to determine whether his or her own interest or the interest of another commissioner constitutes a conflict of interest:

1)         The commissioner may request the advice of the CCLRB's Executive Director, who shall promptly render a recommendation to the CCLRB; or

2)         The commissioner may ask the CCLRB to determine whether the interest constitutes a conflict of interest. 

A)        The CCLRB shall ask the commissioner with the potential conflict of interest to leave the meeting during any discussion or deliberation regarding whether a conflict of interest exists. 

B)        A majority of the non-interested commissioners present at a meeting at which a quorum is present shall determine whether a conflict of interest exists. 

C)        The interested commissioner shall be counted for purposes of determining whether a quorum is present, but shall not participate in the deliberations or vote regarding whether a conflict of interest exists.

e)         Prior to any determination of a conflict of interest and, even if, after a determination, a conflict of interest is found not to exist, the reporting commissioner may indicate his or her decision to abstain from any CCLRB action regarding the matter as to which the potential conflict of interest exists and, when appropriate, to absent himself or herself from any CCLRB discussion and determination of the pending matter.

f)         Procedure When a Conflict of Interest is Determined

Upon the CCLRB's determination that a conflict of interest exists, the commissioner with the conflict of interest shall not participate in the CCLRB's discussion and determination of the matter.  In addition, when appropriate, the commissioner with the conflict of interest shall absent himself or herself from any deliberations and determinations.