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--- bcb_board_member_conflict_of_interest_nepotism [2019/11/20 19:51]
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+++ bcb_board_member_conflict_of_interest_nepotism [2025/05/08 18:59] (current)
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-**Board Member Conflict of Interest/Nepotism POLICY: BCB\\
+**Policy BCB\\
-School Board Revision – Approved: April 4, 2016**\\
+Board Member Conflict of Interest\\
+Approved: May 5, 2025**\\
-A Board member shall not have any direct personal and pecuniary interest in a contract with the District, nor
+As elected officials, school board members owe a duty of loyalty to the general public in protecting the school district's interests. Therefore, the Board declares that a conflict of interest is a personal, pecuniary interest that is immediate, definite, demonstrable, and which is or may be in conflict with the public interest.\\
-shall he or she furnish directly any labor, equipment, or supplies to the District.\\
-In the event a Board member is employed by a corporation or business or has a secondary interest in a
+A board member who has a personal or private interest in a matter proposed or pending before the Board will disclose such interest to the Board, will not deliberate on the matter, will not vote on the matter, and will not attempt to influence other members of the Board regarding the matter. Additionally, Board members should refrain from engaging in conduct or actions that give the appearance of a conflict of interest, embarrass the Board, or personally embarrass another Board member.\\
-corporation or business which furnishes goods or services to the District, the Board member shall declare
-his/her interest and recuse himself/herself for the duration of the debate, discussion and vote upon the question.\\
-It is not the intent of this policy to prevent the District from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a Board member in a
+It is not the intent of this policy to prevent the District from contracting with corporations or businesses with which a Board member is an employee. The policy is designed to prevent placing a Board member in a position where his or her interest in the public schools and his or her interest in his or her place of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist. RSA 95:1 requires that "No person holding a public office, as such, in state or any political subdivision governmental service shall, by contract or otherwise, except by open competitive bidding, buy real estate, sell or buy goods, commodities, or other personal property of a value in excess of $200 at any one sale to or from the state or political subdivision under which he holds his public office." Through the use of open competitive bidding or recusal of any Board member who has a conflict of interest, the Board will seek to obtain the best value for the district while avoiding impropriety or the appearance of impropriety.\\
-position where his/her interest in the public schools and his interest in his place of employment (or other
-indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may
-not exist.\\
 **Nepotism**\\
-In the event a family member of a board member is an employee of the district, or is being considered for
+The Board may employ a teacher or other employee if that teacher or other employee is the father, mother, brother, sister, wife, husband, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of the Superintendent or any member of the Board. This paragraph shall also apply to any other person who shares the expenses of daily living with the Superintendent or any member of the Board. Such a relationship will not automatically disqualify a job applicant from employment with the school district. However, the Board member shall declare his/her relationship with the job applicant and will refrain from debating, discussing, or voting on a nomination or other issue.\\
-employment, the Board member shall identify his/her relation to the applicant or employee and recuse
-him/herself from debating, discussing, or voting on any matter in which the outcome has the potential to effect
-the family member. For the purposes of this policy, a family member includes father, mother, brother, sister,
-wife, husband, son, daughter, daughter- or son-in-law, sister- or brother-in law.\\
-**Legal References:\\
+In the event a family member of a board member is an employee of the district, or is being considered for employment, the Board member shall identify his/her relation to the applicant or employee and recuse him/herself from debating, discussing, or voting on any matter in which the outcome is a personal, pecuniary interest that is immediate, definite, demonstrable, and specific to the individual employee. This would include, but is not limited to, stipends, collective bargaining agreement negotiations and disciplinary proceedings. For the purposes of this policy, a family member includes father, mother, brother, sister, wife, husband, son, daughter, daughter- or son-in-law, sister- or brother-in law.\\
-Marsh v. Hanover, 113 NH 667 (1973) and
-Atherton v. Concord, 109 NH 164 (1968)\\
-RSA 671:18, School District Elections: Qualifications**\\
+In the case where the relationship is with the Superintendent, the Superintendent shall disclose the relationship to the Board as early as possible in the recruitment/selection process for the open position or in the case of someone currently employed by the district, before recommending any job related action pertaining to the individual. The Board shall determine whether, were the candidate selected, the supervisor - subordinate relationship between the Superintendent and the prospective employee will be sufficiently indirect, to not disqualify the candidate. If not disqualified, and prior to candidates for the position being screened and a nominee being selected, or the Board approving any job related action, the Superintendent and the Board shall agree on a mechanism to address the conflict of interest. Where practical, the Board may designate another district staff member to fulfill the role of the Superintendent for the selection of a nominee for the position or take appropriate alternative steps. The job applicant is expected to declare his/her relationship with the Board member or Superintendent as well.\\
+This shall not apply to any person within such relationship or relationships who has been regularly employed by the Board prior to the inception of the relationship, the adoption of this policy, or a Board member's election.\\
+**Legal References**\\
+**NH Case Law Description**\\
+N.H. 164 (1968)\\
+N.H. 667 (1973)\\
+**NH Statutes Description**\\
+RSA 95:1\\
+**District Policy History:**\\
+First reading: April 7, 2025
+Second reading: April 21, 2025\\\\
+Third reading/adopted: May 5, 2025\\
+District revision history: Adopted April 4, 2016\\
+{{ ::policy_bcb_board_member_conflict_of_interest.pdf|Download}}\\
 [[section_b|Section B]]\\
 [[start|Policy Manual]]

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