S.C. CODE ANN. §§59-53-410 to -440 (1997)
The Commission and its members will at all times act in an ethical and professional manner in the discharge of their duties in compliance with the South Carolina Ethics, Government Accountability and Reform Act of 1991 (see TTC Policy 8-9-0) and other applicable laws. This commitment includes proper use of authority and appropriate decorum in group and individual behavior when acting as Commission members. Specifically:
- Commission members must maintain strict loyalty and accountability to the college. This commitment must supersede any conflicts, i.e. to advocacy or interest groups or memberships on other boards or staffs. Commission members' loyalty and accountability to the college must also supersede any personal interest when the Commissioner is acting as an individual customer of the college's services.
- Commission members must avoid any conflict of interest with respect to their fiduciary duties to the college. A conflict of interest is a transaction or relationship which presents or may present a conflict between commission member's obligations to the College and the member's personal, business, or other interests.
- All Conflicts of interest are not necessarily prohibited or harmful to the College. However, full disclosure of all actual and potential conflicts, and a determination by the disinterested members - with the interested member(s) recused from participating in the debates and voting on the matter - are required.
- There must be no self-dealing or any conduct of private business or personal services between any Commission member and the college except as provided for by law.
- Commission members must not use their positions to obtain employment at the college for themselves, family members, or close associates.
- Should a Commission member be considered for employment, he/she must temporarily withdraw from Commission deliberation, voting and access to applicable Commission information.
- All actual and potential conflicts of interests shall be disclosed by Commission members to the Commission Executive Committee through the annual disclosure form and whenever a conflict arises. The disinterested members of the Executive Committee shall make a determination as to whether a conflict exist and what subsequent action is appropriate (if any). The Executive Committee shall inform the Commission of such determination and action. The Commission shall retain the right to modify or reverse such determination and action, and shall retain the ultimate enforcement authority with respect to the interpretation and application of this policy.
- On an annual basis, all Commission members shall be provided with a copy of this policy and required to complete and sign an acknowledgement and disclosure form. All completed forms shall be provided to and reviewed by the Executive Committee, as well as all other conflict information provided by Commission members. New Commission members receive a copy of this policy and training during orientation.
- Commission members may not attempt to exercise individual authority over the college except as explicitly set forth in Commission policies. Specifically, Commission members' interaction with the President, the college faculty and staff, the public, press, or other entities must recognize the absence of authority of any individual Commission member or group of Commission members to act or speak for the Commission unless so authorized in Commission policies.
- Commission members shall be given an opportunity to participate in educational activities, including state, regional, and national meetings, to enhance their ability to serve effectively.
- Commission members will not permit themselves to be used to circumvent established lines of authority or interfere in the normal procedures for handling complaints or grievances.
- Commission members will not waive Commission rights to confidentiality including discussions that occur at legally held executive sessions of the Commission and other privileged communications, such as attorney-client privileged communications.
- Commission members will enforce upon themselves whatever discipline is needed to govern with excellence and to ensure compliance with this code of conduct, including a resolution of censure.
- Commission members recognize the importance of faithful attendance at all Commission meetings as well as at college events where their presence has been requested by the President. Commissioners' attendance is critical to the mission and operation of the college.
If a Commissioner is unable to attend a regular or called meeting, he/she should inform the Chairperson or the President, providing as much advance notice as possible and providing the reason for the absence.
If a Commissioner misses three consecutive meetings or one-half of the meetings within a six-month period, without an excused absence for good and reasonable cause, he/she shall be censured by the Commission. An excused absence for good and reasonable cause must be determined by the full Commission by majority vote. If censure is imposed, the Chairperson shall forward the censure to the appropriate recommending and appointing authorities with a recommendation for removal from the Commission.
Trident Technical College Area Commission approved Governance Process Policies on May 20, 1997 for adoption on January 1, 1998.