BCB ©BOARD MEMBER CONFLICT
OF INTEREST
BCB ©Board Member Voting Restrictions
Notwithstanding any other provision of law, a Governing Board member shall be eligible to vote on any budgetary, personnel, or other question that comes before the Board, except that it is unlawful for a member to vote on a specific item that concerns the appointment, employment, or remuneration of the board member or a Board member’s spouse or dependent as defined in A.R.S. 43-1001 and in accordance with A.R.S. 15-323.
Employment Limitations
No dependent, as defined in A.R.S. 43-1001, of a Governing Board member may be employed in the District, except by consent of the Board in accordance with A.R.S. 15-502. Small school Districts, as defined by A.R.S. 15-901, are granted an exception regarding employment of substitute teachers. [A.R.S. 15-421(E)]
No employee of the District or the spouse of such employee may hold membership on the Governing Board of the District. Small school Districts, as defined by A.R.S. 15-901, are granted an exception regarding employment of substitute teachers. [A.R.S. 15-421]
Pursuant to A.R.S. 15-421, the District is allowed to employ, including through a third (3rd)-party contractor who provides services to the District, any person who served as a member of the School District Governing Board during the preceding two (2) years only in a position in which the person will provide services directly to students, including as a certificated, a substitute teacher, and an employee or contractor who provides transportation, instructional support, or student support services. The District is authorized to increase the time period for this restriction to be more than two (2) years.
Conflicts of Interest
Any Board member or employee of the District who has, or whose relative has, a substantial interest in any contract, sale, purchase, or service to the District shall make known that interest in the official records of the District and shall refrain from voting upon or otherwise participating in any manner as a Board member or employee in such contract, sale, or purchase. [A.R.S. 38-503]
Any Board member or employee who has, or whose relative has, a substantial interest in any decision of the District shall make known such interest in the official records of the District and shall refrain from participating in any manner as a Board member or employee in such a decision. [A.R.S. 38-503]
"Refrain from participating in any manner" means more than just refraining from making a final decision. It means participating in any way in the process leading up to a decision. An employee with a conflict of interest must not make recommendations, give advice, or otherwise communicate in any manner with anyone involved in the decision-making process.
Purchases from Governing
Board Members
School district procurement rules are required for all purchases of service from Governing Board members, regardless of the dollar amount. Purchases for services may only be made after public competitive bidding. Purchases of supplies, materials, and equipment from Board members are subject to the following:
A. Purchases less than one hundred thousand dollars ($100,000) comply with the Uniform System of Financial Records (USFR) guidelines and written quotations.
B. Purchases of one hundred thousand dollars ($100,000) and above comply with the school district procurement rules for public competitive bidding.
Purchases from Governing Board
Members for Districts with
3,000 or More Students:
A. Purchases for supplies, materials, and equipment are limited to three hundred dollars ($300) per transaction.
B. Total purchases within any twelve (12) month period are limited to one thousand dollars ($1,000).
C. The Board has, by majority vote, adopted or reconfirmed a policy authorizing such purchases within the preceding twelve (12) month period.
Purchases from Governing Board
Members for Districts with
Fewer than 3,000 Students:
A. Each purchase is approved by the Governing Board;
B. Although there is no limit on the amount of the purchase, the amount of the purchase is included in the Board's meeting minutes.
Filing of Disclosures
The District shall maintain for public inspection in a special file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to the statutory conflict-of-interest provisions. [A.R.S. 38-509]
Adopted: November 20, 2005
LEGAL REF.:
A.R.S.
15-213
15-323
15-421
15-502
38-481
38-503
38-509
43-1001
A.G.O.
I84-012
I87-035
I88-013
I06-002
CROSS REF.:
BBBA - Board Member Qualifications
DJE - Bidding/Purchasing Procedures