SOUTH BURLINGTON SCHOOL DISTRICT
POLICY B1
BOARD MEMBER CONFLICT OF INTEREST
POLICY
It is the ethical and
legal duty of all School Board members to avoid conflicts of interest as well as
the appearance of conflicts of interest.
DEFINITIONS
Conflict of interest
means a situation when a board member’s private interests, as distinguished from
the board member’s interest as a member of the general public, would benefit
from or be harmed by a board decision.
IMPLEMENTATION
In order to comply with the obligations thus
imposed, the Board and its members will adhere to the following standards.
- A Board member will
not give the impression that he or she would represent special interests or
partisan politics for personal gain.
- A Board member will
not use his or her position on the Board to promote personal financial
interests or the financial interests of family members, friends or
supporters.
- A Board member will
not solicit or accept anything of value in return for taking particular
positions on matters before the Board.
- A Board member will
not give the impression that his or her position on any issue can be
influenced by anything other than a fair presentation of all sides of the
question.
- Board members will be
familiar with, and adhere to, those provisions of Vermont education law
which define School Board powers and govern Board member compensation and
public bidding processes.
- Board members will
not conduct business with the District, except to the extent expressly
permitted by law and appropriately disclosed.
- Board members will
not use their Board position to obtain employment in the organization for
themselves, family members, or close associates. Should a Board member
apply for employment, he or she must first resign from the Board.
AVOIDING CONFLICTS
Board members will
disclose their involvements with any entity or person having a matter or matters
before the Board.
When a Board member
becomes aware that he or she is in a position that creates a conflict of
interest or the appearance of a conflict of interest as defined in state law or
this policy, he or she will declare the nature and extent of the conflict or
appearance of conflict for inclusion in the Board minutes, and will abstain from
voting or participating in the discussion of the issue giving rise to the
conflict.
COMPLAINTS OF CONFLICT OF INTEREST
When a conflict of interest claim against a
Board member is brought to the Board in writing and is signed by another Board
member or a member of the public, and the Board member against whom the claim is
made does not concur that a conflict in fact exists, the following Board
procedures will be followed.
- Upon a majority vote
of the remaining Board members, or upon order of the chair, the Board will
hold an informal hearing on the conflict of interest claim, giving both the
Board member and the person bringing the claim an opportunity to be heard.
- At the conclusion of
the informal hearing, the remaining Board members will determine by majority
vote whether to:
- Issue a public
finding that the conflict of interest charge is not supported by the
evidence and is therefore dismissed;
- Issue a public
finding that the conflict of interest charge is supported by the
evidence and that the member should disqualify him or herself from
voting or otherwise participating in the Board deliberations or decision
related to that issue, as required by Vermont statute; and/or
- Issue a public
finding that the conflict of interest charge is supported by the
evidence and the Board member should be formally censured or subjected
to such other action as may be allowed by law.
Date Policy Warned:
November 15, 2006
Date Policy
Considered: December 6, 2006
Date Policy
Adopted: January 17, 2007
Date Revised Policy
Warned: November 14, 2007
Date Revised Policy
Considered: November 28, 2007
Date Revised Policy
Adopted: December 5, 2007
Signed:
Richard Cassidy, Chair
Theodore Manazir, Clerk
Carol Caldwell-Edmonds
Elizabeth Fitzgerald
Agnes Clift