2014 GAE CONSTITUTION AND BYLAWS COMMITTEE 22 | KNOW • Volume 12 Issue 1 Association Pages PROPOSED AMENDMENTS RE: CONFLICT OF INTEREST Bylaw 2-2 Membership. Rights and limitations. j. Former GAE staff may hold membership in the Association if eligible under any of the foregoing membership categories. GAE staff, and former and/or retired GAE staff, shall not hold any elective or appointive positions within the Association. Rationale: This amendment creates an ethical, conflict of interest rule prohibiting GAE staff, present, former, and/or retired, from holding elective/appointive positions in the Association. Current staff have an obvious conflict of interest. Former and/or retired staff members have a vested, personal interest that is in conflict with GAE. Upon retirement, staff members receive retirement benefits. Additionally, retired staff members receive GAE-funded healthcare benefits (individual and family) pursuant to the terms negotiated under the collective bargaining agreement, which must be voted on and approved by the Board of Directors. Collective bargaining agreements can be modified with respect to future benefits, even for those already retired, so a conflict can arise. Bylaw 8. EXECUTIVE DIRECTOR AND STAFF 8-5 Restrictions on GAE Employment. Former Executive Officers and Board of Director members shall not be employed by GAE for the same length of time as their most recently held term of office. Rationale: New Bylaw 8-5 creates an ethical, conflict of interest rule restricting GAE employment after Executive Officers and Board of Director members’ terms end. Executive Officers and Board members should not be influenced in the performance of their fiduciary duties by the thought of later reaping the benefit of future employment with GAE. The “cooling off” period would be as follows: the term of office for state officer is 2 years; therefore, they may not be employed by GAE for a period of 2 years after they leave office. The term of office for a Board member is 3 years; therefore, they may not be employed by GAE for a period of three years after they leave office.
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