| (a) A Council or board member who has any personal
or professional interest that might reasonably tend to influence the
discharge of the member's duties in a matter pending before the agency,
shall disclose that conflict in an open meeting called and held in
compliance with Chapter 551 of the Government Code. Should the required
disclosure relate to a matter to be considered during a closed meeting,
the member shall disclose the conflict during the closed meeting.
A Council or board member may neither vote nor otherwise participate
in any discussion or decision on a pending matter where the member's
personal or professional interest might reasonably tend to influence
the discharge of the member's duties. Any conflict disclosed by a
board member shall be entered in the minutes or certified agenda of
the meeting.
(b) An individual who has any personal or professional
interest that might reasonably tend to influence the discharge of
the individual's duties while serving on a committee, temporary suspension
or disciplinary review panel, or workgroup, shall disclose that conflict
to the committee, panel, or workgroup, as well as to the Executive
Director. The individual may neither vote nor otherwise participate
in any discussion or decision on a pending matter where the individual's
personal or professional interest might reasonably tend to influence
the discharge of the individual's duties. Any conflict shall be entered
in any minutes or notes kept by the committee, panel, or workgroup.
(c) A Council or board member may not vote or otherwise
participate in any discussion or decision conducted during a meeting
held in compliance with Chapter 551 of the Government Code regarding
a complaint or eligibility proceeding previously heard by the member
while serving on a temporary suspension panel or disciplinary review
panel. A Council or board member who is disqualified under this subsection
shall be recused from any voting or discussions on the matter, and
the recusal shall be entered in the minutes or certified agenda of
the meeting.
(d) Any individual who is required to make a disclosure
or is recused or restricted from voting or participating in some manner
under this rule, shall refrain from influencing or attempting to influence
the discussion or decision on a matter in which the individual is
prohibited from participating. The presiding officer or Executive
Director may take reasonable steps to enforce this requirement, including
requesting that the individual leave the room before beginning or
continuing with a meeting, hearing, discussion, or vote.
(e) A disclosure required by this rule must be made
as soon as possible once an individual becomes aware of facts giving
rise to a duty to take action under this rule. Any information received
by a Council or board member or agency staff that might reasonably
lead one to believe that an individual has a duty to take action under
this rule must be sent to the Executive Director, who shall then forward
the information to the individual.
(f) Except as provided for in subsection (c) of this
section, this rule shall not operate to preclude a Council member
from voting or otherwise participating in any discussion or decision
due solely to a member's service on an underlying member board.
(g) It is presumed that the judgment of a reasonable
person subject to this rule would not be materially affected because
the individual holds a license issued by this agency or one of its
member boards.
(h) A person does not have an interest which is in
conflict with the proper discharge of duties contemplated under this
rule if any benefit or detriment accrues to the person, or any individual
or group with whom the person is associated, to no greater extent
than any other similarly situated person.
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