BCB ©
BOARD  MEMBER  CONFLICT
OF  INTEREST

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 shall be unlawful for a member to vote on a specific item that concerns the appointment, employment, or remuneration of such member or any person related to such member as a dependent as defined in A.R.S. 43-1001. [LEGAL REF.: A.R.S. 15-323]

Employment  Limitation

No dependent, as defined in Section 43-1001, of a Governing Board member may be employed in the District, except by consent of the Board. [LEGAL REF.: A.R.S. 15-502]

No employee of the District or the spouse of such employee may hold membership on the Governing Board of the District. [LEGAL REF.: A.R.S. 15-421]

Conflict  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. [LEGAL REF.: 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. [LEGAL REF.: 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  for  Districts  with 
Fewer  than  3,000  Students

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 for oral 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;

C.  Each purchase is approved by the Governing Board;

D.  The amount of the purchase is included in the Board's meeting minutes.

[LEGAL REF.: A.R.S. 15-323; A.G.O. I06-002]

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. [LEGAL REF.: A.R.S. 38-509]

Adopted:  October 16, 2018

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