Policy BHA: Board Conflict of Interest

BOARD POLICY
Descriptive Code: BHA

BOARD CONFLICT OF INTEREST
Date: JANUARY 4, 1999

No relative of a sitting member of the Board of Education shall be considered for employment for a certificated or classified position without prior discussion and approval by a majority of the Board, the Board member whose relative is under consideration abstaining.

For the purposes of this policy, the term "relative" shall include spouse; son or daughter; brother or sister; son-in-law, daughter-in-law; brother-in-law, sister-in-law, father-in-law, mother-in-law; step-son, step-daughter, step-brother, step-sister, step-father, or step-mother.

This policy shall not apply to any relative of a sitting Board member whose employment has been approved prior to the adoption of this policy.

It is a crime for any school board member to sell supplies or equipment to the school board.

A school board may not employ one of its members as a teacher. However, a school board could make purchases from the husband/wife of a school board member where nothing of value insured directly or indirectly to the benefit of the school board member.

It is illegal for the board to do business with a partnership or corporation which is partially owned by a school board member. It is illegal for a member of the school board to sell insurance to the school board. However, a school board could do business with a firm where a school board member is a salaried employee of that firm so long as the member has no financial interest in the firm, and his compensation is in no way dependent upon the sale. Schoolbook publishers are prohibited from board membership as are their agents.

The law also declares that no county school superintendent or school board member may have a financial interest in school buses, bus equipment, or supplies. A county school board member may not provide services for buses owned by the school board nor purchase gasoline from a corporation in which a member of the school board is a shareholder.

Any person employed by or serving on the governing body of private educational institutions are also deemed to hold positions having a conflict of interest with county school board membership. No person employed by the Georgia Department of Education shall be eligible to serve as a county school board member. No person who holds another county office can serve as a member of a county board of education.

The 1992 amendment to the Ethics in Government Act, O.C.G.A §21-5-1 et. seq., also applies to elected school board members and superintendents. That act limits the amount of fee or honoraria received for speaking engagements or participation in seminars, panels, etc.; prohibits campaign contributions by persons acting on behalf of a public utility; restricts the disposition of campaign funds; requires reporting of campaign contributions; limits the amount of contributions; regulates lobbying; and makes criminal the solicitation, acceptance or receipt of bribes defined as "a thing of value" by inducing the reasonable belief that the giving thereof will influence the performance of official action.

A 1993 law declares that "A local board of education having any member thereof who is an employee, stockholder, director, or officer of a bank or similar financial institution shall nevertheless be authorized to transact business with such bank or financial institution without the board or member thereby incurring any criminal liability therefor, as long as such member owns less than 30 percent of the stock or their ownership interest in such bank or financial institution."

It is a crime for any officer (including board members) or employees of a school district to sell any real or personal property to the school district, for oneself or on behalf of any business entity. This law contains certain exemptions.

ADOPTED: 8/16/88

Newton County Board of Education