HARRY HUGHES, Governor

2501

BOARD MINUTES. DISCLOSURE SHALL BE MADE AGAIN ANNUALLY, AND
NOTED IN THE MINUTES AT THE TIME THE BOARD REORGANIZES.

(3)  If disclosure is made and the  member who
made the disclosure disqualifies himself from    voting or
acting on the transaction on behalf of the  board, the
transaction may be completed if it involves:

(i) Making a deposit by the county board
in a bank in which the county board member has a [direct]
financial interest;

(ii) The purchase of gas, electricity, or
other public utility services from a company in which the
county board member has a [direct] financial interest;

(iii) Making a contract, IF REQUIRED,

after ANY REQUIRED publicly advertised competitive bidding
with a firm, corporation, or association in which the county
board member has a [direct] financial interest; or

(iv) Making a contract to compose
threatened or actual litigation undertaken between the
county board and the county board member or between the
board and a firm, corporation, or association in which the
member has a [direct] financial interest.

(4)  If the action has been approved by the State
Superintendent, and if, through disqualifications, less than
a quorum of the county board is capable of participating in
any contract or purchase permitted under this section, the
remaining member or members constitute a quorum and may
complete the contract or purchase.

(d) (1) If there is a conflict of interest in
violation of this section in a contract or purchase entered
into by a county board, the contract or purchase may be set
aside in a suit brought on behalf of the county board by its
counsel or by the Attorney General of this State, unless the
court finds that the contract or purchase is in the public
interest.

(2)  The burden of proof is on the party seeking
to uphold the contract or purchase to show that the
contract or purchase is in the public interest.

(3)  A contract or purchase by a county board
may be set aside on the ground of conflict of interest only
as provided in this subsection.

(e) (1) Any person who violates any provision of this
section is guilty of a misdemeanor and on conviction is
subject to a fine not exceeding $1,000 or imprisonment not
exceeding 1 year.

(2) Any person convicted under this section
shall be removed from his office by the State
Superintendent.