HB 914 IMPLEMENTATION

FEBRUARY 14, 2006Presented by: Danny Morrow

Sharpening Skills - Challenging Minds

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.

To: Stuart Bird and the Board of Trustees

Cc: Lindy Finley

From: Danny Morrow

Date: 12/7/ 2005

RE: HB 914 New Conflict Disclosure Requirements

As the District’s Records Management Officer I am writing to inform you that on January 1, 2006, House Bill (HB) 914 becomes effective. HB 914 requires local government officers (superintendent and school board members) to file a conflict disclosure statement with the records administrator if; 1. The school district has contracted with a person or is considering doing business with the person and the superintendent or board member or a family member within the first degree or consanguinity or affinity either has employment or other business relationship with the person and receives taxable income and/or 2. Has been given by a person one or more gifts that have an aggregate value of more than $250 in a 12-month period preceding the

date the local government officer became aware of the facts that require the filing of a conflicts disclosure statement. Gifts of food, lodging, transportation, or entertainment accepted as a guest are not included in the $250 calculation. The $250 total is calculated on a per vendor basis. If you receive a gift and do not accept you must still report it. You can “check the box” on the conflicts disclosure statement that indicates that the gift was not accepted. If either of the above occurs please complete the attached conflicts disclosure statement and return it to me no later than 5 p.m. on the 7th day after the date you become aware that a statement is required.

In the near future this new law will be included in policy through TASB Board Policy Update 77. If you have any questions or need to discuss this further please let me know.

Attachment(s): Local Government Officer Conflicts Disclosure Statement Form CIS

PURCHASE ORDER NO.

PHONE (903) 986-6511 FAX (903) 986-3133

JACKSONVILLE INDEPENDENT SCHOOL DISTRICT P.O. BOX 631

JACKSONVILLE, TEXAS 75766

IMPORTANT! Show this number on all Invoices, Packages, Delivery Tickets, Etc. Prepay freight and add to invoice.

DELIVER AS INDICATED

VENDOR NUMBER

CONFIRMATION – DO NOT DUPLICATE

REQUISITION NUMBER

DATE

SHIP TO:

V E N D O R

BILL TO:

JACKSONVILLE INDEPENDENT SCHOOL DISTRICT BUSINESS OFFICE P.O. BOX 631 JACKSONVILLE, TEXAS 75766

STATE SALES TAX EXEMPTION CERTIFICATE: The undersigned claims an exemption from taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for purchase of tangible personal property described in this numbered order, purchased from the contractor and/or shipper listed above, as this property is being secured for the exclusive use of the Kilgore Independent School District, of the State of Texas. Fed. I.D. 75-6001907.

NO BACKORDERS ACCEPTED ITEM NO.

QUANTITY ORDERED UNIT DESCRIPTION OF ITEMS ORDERED UNIT PRICE TOTAL

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

CANCELLATION DATE TOTAL

BID NO. QUOTE NO.

AUTHORIZED BY:

PAYMENT APPROVAL

BUDGET ACCOUNT AMOUNT NOTICE TO VENDORS

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 Web Page

• http://www.jacksonvilleisd.org/purchcoi.htm

• Form CIS

• Form CIQ