Section 8.45.105. Code of conduct.  


Latest version.
  • 	(a)  Nothing in this section relieves a board member's duty to comply with the provisions of AS 39.52.010 - 39.52.960 (Alaska Executive Branch Ethics Act) and 9 AAC 52.010 - 9 AAC 52.990. A board member holds office as a public trust, and an effort to benefit from a personal or financial interest through official action is a violation of that trust. A board member is drawn from society and cannot and should not be without personal and financial interests in the decisions and policies of government. An individual who serves as a board member retains rights to interests of a personal or financial nature. Standards of ethical conduct for a board member distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts of interests that are substantial and material.  
    	(b)  The provisions of this section do not prevent a board member from following other independent pursuits, if those pursuits do not interfere with the full and faithful discharge of a board member's public duties and responsibilities under AS 23.30  and this chapter.  
    	(c)  The recusal of a board panel member for a conflict of interest under the procedures set out in 8 AAC 45.106 may occur only if the recusal is based on clear and convincing evidence that the board panel member  
    		(1) has a conflict of interest that is substantial and material; or  
    		(2) shows actual bias or prejudgment.  
    	(d)  The recusal of a board panel member to avoid impropriety or the appearance of impropriety under the procedures set out in 8 AAC 45.106 may occur only if the recusal is based on clear and convincing evidence that the board panel member  
    		(1) has a personal or financial interest that is substantial and material; or  
    		(2) shows actual bias or prejudgment.  
    	(e)  Unethical conduct is prohibited, but there is no substantial impropriety or substantial appearance of impropriety if, as to a specific matter, the standards of AS 39.52.110(b) would permit participation.  
    

Authorities

23.30.005;44.31.020

Notes


Reference

8 AAC 45.106
Authority
AS 23.30.005 AS 44.31.020
History
Eff. 10/29/2009, Register 192