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Board service is a matter of
public trust. In making decisions that
affect the M.S.A.D. No. 75 schools, Board
members have the duty to act in the interest of the common good and for the
benefit of the people they represent.
A conflict of interest may arise when there is an
incompatibility between a Board member’s personal interest and his/her responsibilities
as an elected official in a matter proposed or pending before the Board. Board members have a legal and ethical
responsibility to avoid not only conflict of interest, but the appearance of
conflict of interest as well.
Financial Interest
A Board member has a financial
interest in a question or contract under consideration when he/she or a member
of his/her immediate family may derive some financial or other material benefit
or loss as a result of the Board action.
The vote of the Board is voidable if a Board member has a financial
interest and votes on that question or is involved in the discussion,
negotiation, or award of a contract or other action in which he/she has a
financial interest.
In order to prevent the vote on a
question or contract from being voidable, a Board member who has a financial
interest must:
A. Make
full disclosure of his/her interest before any action is taken; and
B. Abstain
from voting, from the negotiation or award of the contract and from otherwise
attempting to influence the decision.
The Secretary of the Board shall
record in the minutes of the meeting the member’s disclosure and abstention
from taking part in the decision in which he/she has an interest.
This policy is not intended to prevent
the District from contracting with a business because a Board member is an
employee of that business or has another direct or indirect financial interest.
However, this policy is designed to prevent placing Board members in a position
where their interest in the schools and their interest in their places of
employment may conflict and to avoid appearances of conflict of interest.
Code of Conduct for
Federally Funded Projects
When a Board member participates in
the selection, award or administration of a contract that is supported by a
federal award, the Board member shall also comply with the Board’s Policy DJH –
Purchasing and Contracting: Procurement Staff Code of Conduct.
Determination of a
Financial Interest
If the issue of a potential
financial conflict of interest has been raised relative to
a Board member, and the member has
not abstained from the discussion, negotiation or vote, the other Board members
shall review the facts as disclosed to them and shall vote as to whether the
Board member has a financial conflict of interest. If the Board determines that
a financial conflict of interest exists, the Board member concerned shall be
excused from participating in discussion, deliberation or vote relating to the
item. As an alternative, the Board, upon
motion, may vote to refer the financial conflict of interest question to the
District’s legal counsel for an advisory opinion and postpone action on the
item.
Appearance of
Conflict of Interest
A Board member should do nothing to
give the impression that his/her position or vote on an issue is influenced by
anything other than a fair consideration of all sides of a question.
Board members shall attempt to
avoid the appearance of conflict of interest by disclosure and/or by
abstention.
Anytime a Board member believes
he/she has a personal interest in a matter before the Board, it is advisable
for the Board member to disclose this interest.
Appointment to Office
and Other Employment
A Board member may not, during the
time the member serves on the Board and for one year after the member ceases to
serve on the Board, be appointed to any civil office of profit or employment
position which has been created or the compensation of which has been increased
by action of the Board during the time the member served on the Board.
Employment
A member of the Board or spouse of
a member may not be an employee in a public school within the jurisdiction of
the Board to which the member is elected.
Board Members as
Volunteers
A member of the Board, or spouse of
a member, may not serve as a volunteer when that volunteer has primary
responsibility for a curricular, co-curricular or extracurricular program or
activity and reports directly to the Superintendent, principal, Athletic Director
or other school administrator in a public school within the jurisdiction of the
Board to which the member is elected.
Volunteer activities of a member of
the Board or member’s spouse other than in roles that are prohibited by this
section may be prescribed by policies developed and approved by the Board.
Definitions
For the purposes
of this policy, the following statutory definitions apply:
A. “Employee”
means a person who receives monetary payment or benefits, no matter the amount
paid or hours worked, for personal services performed for a school
administrative unit.
B. “Volunteer”
means a person who performs personal services for a school administrative unit
without monetary payments or benefits of any kind or amount.
Legal
Reference: 20-A M.R.S.A. §
1002-1004
20-A
M.R.S.A. § 1315 (SAD’s)
30-A
M.R.S.A. § 2604-2606
Cross
Reference: BCA – Board Member Code
of Ethics
BCC -
Nepotism
BBBA - Board
Member Qualifications
DJH –
Purchasing and Contracting: Procurement Staff Code of Conduct
FIRST READING: November
18, 2021
SECOND READING: December
9, 2021
ADOPTION: December 9, 2021
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