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.