Chapter 183-1 Foundation Board Conflict of Interest Reports

183-1-01 Conflict of interest reports - foundation board members.

(A) For each foundation grants cycle, each foundation board member shall file with the executive director of the foundation, at such date to be determined by the foundation, a conflict of interest disclosure form listing any fiduciary or financial interests the board member may have with eligible organizations that apply for grants.

(B) At least fourteen days prior to any date upon which conflict of interest disclosure forms are due, the executive director shall provide each board member with a list of eligible organizations for that grant cycle.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-02 Conflict of interest participation in grant or contract review - foundation board members.

(A) Foundation board members who also serve as a board member, employee or officer of an organization are prohibited from personally benefiting from or occupying a position of profit in, and from discussing, deliberating, or voting on the award of, grants or contracts to that organization that they serve as a board member, officer or employee.

(B) Foundation board members who also serve as a board member, employee or officer of an organization cannot use their position to secure a grant or contract for the organization that they serve as a board member, employee or officer with terms that are in disproportion, selective, or differential to the grants and contracts received by other qualified applicants.

(C) Foundation board members who also serve as a board member, employee or officer of an organization are prohibited from participating in the fundation's evaluation of any research or program that was conducted by the organization that they serve as a board member, employee or officer.

(D) Foundation board members who also serve as a board member, employee or officer of an organization are prohibited from voting upon, discussing, or otherwise using the authority or influence of their public position, either formally or informally, to secure authorization of a grant or contract for that organization from the foundation. This includes a bar upon the foundation board member's participation in any issue relating to the grant or contract after it is entered into, such as a dispute regarding, or modification to, the terms of the grant or contract.

(E) Foundation board members who serve as an employee of an organization that receives a grant or contract are prohibited from receiving a pecuniary advantage, gain or benefit directly from the grant or contract proceeds.

(F) Foundation board members are required to abstain from participation in any decision-making process involving grant proposals from an organization that employs a member of the immediate family of a foundation board member; or with which a member of the immediate family of a foundation board member is otherwise directly affiliated.

(G) Foundation board members may not authorize, or in any way use their position to secure approval of a foundation contract or grant in which their family members, or their business associates, have an interest.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-03 Standards of ethical conduct - foundation board members.

(A) No foundation board member may solicit or accept anything of value in his or her capacity as a member of the foundation board, including, but not limited to the following: gifts, food or beverages, social event tickets or expenses, travel expenses, or consulting fees, from any person interested in matters before, doing business with, or seeking to do business with, the foundation. For these purposes, the term "value" means a worth greater than minimal or de minimis.

(B) Foundation board members shall act without self-interest on all proposals submitted to the foundation, recognizing that loyalties to a particular geographic area, institution, or specific interest group, must be subjugated to the broader purpose of acting in the best interest of statewide tobacco prevention and control.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-04 Financial disclosure.

The executive director and all foundation board members must each file a financial disclosure statement with the Ohio ethics commission on an annual basis. The annual statemen must be filed on or before the fifteenth of April. If a foundation board member is appointed subsequent to the filing deadline, the foundation board member must file a statement within ninety days after appointment. Foundation board members must file a statement by the fifteenth of April in the year following the termination of their service on the board.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-05 Conflict of interest reports - foundation staff members.

(A) For each foundation grants cycle, each foundation staff member shall file with the executive director of the foundation, at such date to be determined by the foundation, a conflict of interest disclosure form listing any fiduciary or financial interests the staff member may have with eligible organizations that apply for grants.

(B) At least fourteen days prior to any date upon which conflict of interest disclosure forms are due, the executive director shall provide each staff member with a list of eligible organizations for that grant cycle.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-06 Standards of ethical conduct - foundation staff members.

(A) Foundation staff members are required to:

(1) Notify the executive director if there is a question regarding conflict of interest. The executive director will review and make appropriate recommendation on a case-by-case basis.

(2) Remove themselves from the boards of organizations that currently or may prospectively receive foundation funding. Foundation staff may hold a membership to various organizations, however, staff members are prohibited from participation in the decision-making process for any organization proposal for funding in which membership is held.

(3) Abstain from participation in any decision-making process involving an applicant for foundation funds, which applicant employs a member of the immediate family of a foundation staff member; or with which a member of the immediate family of a foundation staff member is otherwise directly affiliated.

(4) Conduct themselves, at all times, in a manner that avoids the appearance of impropriety, or bias.

(B) Restraints upon an employee's conduct include, but are not limited to, the following:

(1) No employee may solicit or accept anything of value, including, but not limited to the following: gifts, food or beverages, social event tickets or expenses, travel expenses, or consulting fees, from any person interested in matters, doing business with, or seeking to do business with, the foundation. For these purposes, the term "value" means a worth greater than minimal or de minimis.

(2) No employee may use his or her position to obtain improper personal benefits, or improper benefits for his or her family or business associates.

(3) No employee may accept compensation, other than from the foundation, for the performance of his or her foundation duties or responsibilities.

(4) No employee may be a party to or beneficiary of a contract with, authorized by, or approved by, the foundation.

(5) No employee may authorize, or in any way use his or her position, to secure approval of a foundation contract or grant in which the employee's family members or business associates have an interest.

(6) No employee may use, or authorize the use of, his or her name, the name of the "Tobacco Use Prevention and Control Foundation" or "Standohio" or any foundation logo in a manner that suggests impropriety, favoritism, or bias by the employee or the foundation.

(7) No employee may solicit or accept honoraria for the performance of his or her foundation duties or responsibilities.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Dates: 01/18/2008

183-1-07 Conflict of interest reports - consultants and reviewers.

(A) For each foundation request for proposals for the award of a contract or grant that may be reviewed by an outside consultant or reviewer, each consultant or reviewer shall file with the executive director of the foundation, at such date to be determined by the foundation, a conflict of interest disclosure form listing any fiduciary or financial interests the consultant or reviewer may have with eligible organizations that apply for a grant or contract.

(B) At least fourteen days prior to any date upon which conflict of interest disclosure forms are due, the executive director shall provide each consultant or reviewer with a list of eligible organizations for that grant cycle.

Eff 1-18-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 183.07
Rule amplifies: RC 183.07
R.C. 119.032 Review Date: 01/18/2008