February 19, 2021 Board of Regents Meeting - Public Session Agenda BOARD OF REGENTS Video Conference University System of Maryland February 19, 2021 AGENDA FOR PUBLIC SESSION 8:30 A.M. Call to Order Chair Gooden Educational Forum: Ethics: Conflict of Interest Katherine Thompson Assistant General Counsel State Ethics Commission Chancellor’s Report Chancellor Perman 1. Report of Councils a. Council of University System Staff Dr. Shishineh b. Council of University System Presidents Dr. Breaux c. University System of Maryland Student Council Ms. Rappeport d. Council of University System Faculty Dr. Brunn PUBLIC COMMENT 2. Consent Agenda Chair Gooden a. Committee on Advancement i. Approval of meeting minutes from October 8, 2020 Public Session Special Meeting (action) ii. Approval of meeting minutes from February 3, 2021 Public and Closed Sessions Special Meeting (action) b. Committee on Audit i. Approval of meeting minutes from December 14, 2020 Public and Closed Sessions (action) c. Committee of the Whole i. Approval of meeting minutes from December 18, 2020 Public and Closed Sessions (action) ii. Approval of meeting minutes from January 13, 2021 Public and Closed Sessions Special Board Meeting (action) d. Committee on Education Policy and Student Life 1 1 February 19, 2021 Board of Regents Meeting - Public Session Agenda i. Approval of meeting minutes from January 12, 2021 Public and Closed Sessions (action) ii. New Academic Program Proposals (action) 1. University of Maryland, Baltimore: MS in Health Professions Education 2. University of Maryland, College Park: BS in Mechatronics 3. University of Maryland Eastern Shore: BS in Sport Management iii. Results of Periodic (7-Year) Review of Academic Programs (information) iv. Report: Workload of the USM Faculty – Academic Year 2019-2020 (information) v. Report on Extramural Funding – FY 2020 (information) e. Committee on Economic Development and Technology Commercialization i. Approval of meeting minutes from February 4, 2021 Public Session (action) f. Committee on Governance and Compensation i. Approval of meeting minutes from February 4, 2021 Public and Closed Sessions (action) g. Committee on Finance i. Approval of meeting minutes from February 4, 2021 Public Session (action) ii. FY 2020 Audited Financial Statements and USM Financial Planning (information) iii. University System of Maryland: Review of Capital Improvement Projects (information) iv. University System of Maryland: Report on FY 2020 Procurement Contracts (information) 3. Review of Items Removed from Consent Agenda 4. Committee Reports a. Committee on Finance Regent Attman i. FY 2020 Effectiveness and Efficiency Results (information) ii. University System of Maryland: FY 2022 Operating Budget Update (information) b. Committee of the Whole i. 2021 Series A and B Bond Sale (information) Regent Attman ii. USM Public Health Challenge (information) Chancellor Perman 5. Reconvene to Closed Session (action) Chair Gooden 2 2 February 19, 2021 Board of Regents Meeting - Public Session Agenda Maryland’s Public Ethics Law Board of Regents February 19, 2021 3 February 19, 2021 Board of Regents Meeting - Public Session Agenda • Helps board members and employees avoid improper What Is influence and appearance of The improper influence • Assures citizens of the impartiality Purpose and independent judgment of Of The board members and employees • Requires board members and Law? employees to disclose financial affairs and to meet minimum standards of ethical conduct 4 February 19, 2021 Board of Regents Meeting - Public Session Agenda Maryland’s Public Ethics Law Conflicts of Interest 5 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …the Board is voting on the continued contract between the University System of Maryland and the University of Maryland Medical System? Both your sister-in-law and your daughter work for UMMS hospitals. 6 February 19, 2021 Board of Regents Meeting - Public Session Agenda Participation The Public Ethics Law prohibits participation in matters by board members or employees: • where the board member or employee, or certain relatives of the board member or employee (spouse, parent, child, brother, sister), have a specific interest • matters involving business entities in which the board member or employee, or certain relatives of the board member or employee, have employment, contractual, creditor, or potential employment relationships 7 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …in the previous scenario, your daughter is employed by UMMS, but as an student intern as a part of her nursing program? 8 February 19, 2021 Board of Regents Meeting - Public Session Agenda Participation Exceptions allowed if: • Conflict is disclosed and: (1) disqualification would leave body with less than quorum (applies to Board members only); (2) disqualified individual required to act by law; or (3) disqualified individual only one authorized to act. • Permitted by State Ethics Commission regulation 9 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …your company was named the prime contractor for the construction of a new student union building at Towson University. Do you see a problem here? 10 February 19, 2021 Board of Regents Meeting - Public Session Agenda Employment/Financial Interest Absent an exception, a board member or employee may not be employed by, or have a financial interest in: • an entity regulated by the board • an entity that is negotiating or has entered a contract with the board, or… 11 February 19, 2021 Board of Regents Meeting - Public Session Agenda Employment • …hold any other employment that would impair impartiality and independent judgment 12 February 19, 2021 Board of Regents Meeting - Public Session Agenda Financial Interests The Law defines financial interest as: • Ownership of more than 3% of a business entity by board member or employee or spouse of board member or employee • Ownership of securities that represent more than 3% of a business entity by board member or employee or spouse of board member or employee • Ownership of an interest resulting in board member or employee having received in past 3 years, is currently receiving or will receive more than $1,000 per year. 13 February 19, 2021 Board of Regents Meeting - Public Session Agenda Two Exceptions • If the statute governing the board requires appointment of persons regulated by the board • If the member holds the employment or financial interest when appointed, and the employment or financial interest is publicly disclosed to the appointing authority, the State Ethics Commission and if applicable, the Senate 14 February 19, 2021 Board of Regents Meeting - Public Session Agenda 15 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …you own a construction company. You participated in the development of a proposal for funding of major dormitory renovations on various campuses. You leave the Board in order to bid on the projects. 16 February 19, 2021 Board of Regents Meeting - Public Session Agenda Post-Employment Restrictions Former board member or employee may not assist or represent outside entities or persons for compensation: • In a case, contract or specific matter • If the former board member or employee significantly participated in the matter in his/her State position 17 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… … the CEO of a company that does business with various USM institutions, who happens to be a friend, invites you to be his guest in his box at the Stadium to watch a Ravens game. Can you accept the ticket and enjoy the food and drink? 18 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …you are invited to lunch by a lobbyist who lobbies on higher education issues. Can you accept and Can you accept a logo allow the lobbyist to jacket offered to you pay? by the lobbyist? 19 February 19, 2021 Board of Regents Meeting - Public Session Agenda Gifts Prohibitions Generally • No solicitation • No unsolicited gifts from 1) vendors, 2) regulated entities, 3) lobbyists, or 4) those with financial interests that may be uniquely affected by recipient Key Exceptions • Nominal = $20 or less • Meals/beverages in the presence of the donor • Reasonable food, lodging, and travel for participation at a speaking engagement 20 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …your best friend’s son has applied as an undergraduate at College Park. Your friend asks you to put in a good word for his son with the officials doing the hiring. Can you do so? 21 February 19, 2021 Board of Regents Meeting - Public Session Agenda Prestige of Office • No use of office for board member’s or employee’s private gain • No use of office for private gain of another Covers both using the influence of one’s office and using State resources 22 February 19, 2021 Board of Regents Meeting - Public Session Agenda Prestige of Office Effective October 1, 2017, the following types of actions are specifically prohibited: • Influencing, except as part of the official duties of the board member or employee, the award of a State or local contract to a specific person; • Directly or indirectly initiating a solicitation for a person to retain the compensated services of a particular regulated lobbyist; • Using public resources or title to solicit a political contribution. 23 February 19, 2021 Board of Regents Meeting - Public Session Agenda What if… …the Board has been considering,