Book: B
Section: Board Governance and Operations
Title: BOARD MEMBER CONFLICT OF INTEREST
Code: BCB
Status: Active
Adopted: June 16, 2015
Revised: August 20, 2024
BOARD MEMBER CONFLICT OF INTEREST
In order to further the mission of the schools, to meet the school district’s obligations under applicable law, and to promote public confidence in the schools, Board members should not permit personal financial interests or family allegiances to influence improperly the performance of their duties. This policy is intended to prevent the occurrence of real or apparent conflicts of interest that may impair the mission and reputation of the schools.
For the purposes of this policy, the following definitions apply:
● “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.
● “Volunteer” means a person who performs personal services for a school administrative unit without monetary payments or benefits of any kind or amount.
A. Contracts
The Board and the school district shall not enter into any contract in which a Board member (i) has a direct or indirect pecuniary interest (as defined by law), (ii) or is employed by, contracts with or has any other financial interest in an entity which furnishes goods or services to the schools, except as follows:
1. 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 serves on the Board.
2. The Board member having the interest makes full disclosure of interest before any action is taken and abstains from voting, negotiating or award of the contract and from otherwise attempting to influence the decision (disclosure and abstention shall be recorded in the minutes of the Board), or
3. The contract is obtained through properly advertised bid procedures in accordance with state law and Board policies.
B. Employment
1. 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 serves on the Board.
2. A Board member or spouse of a member may not be an employee of Portland Public Schools.
3. 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 the school unit.
Cross Reference: BCC - Nepotism
Legal References: 20-A M.R.S.A. §§ 1002 – 1004 30-A M.R.S.A. §§ 2604 – 2605
Adopted: June 16, 2015
Updated: August 20, 2024
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