Policy ESU-8260-1

Board Operating Procedures

Conflict of Interest

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 08/22/1989
Related policies & regulations:  
Legal references:  49-1499.01, 79-1249

 

1. Any Board member who would be required to take any action or make any decision in the discharge of his or her duties that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally or a broad segment of the public, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:
   1. Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict; and
   2. Deliver a copy of the statement to the Secretary of the Board who shall enter the statement into the public records of the Unit.
   3. The Board member shall take such action as the Commission shall advise or prescribe to remove himself or herself from influence over the action or decision in the matter.
2. The provisions of paragraph 1 above shall not prevent a Board member from making or participating in the making of a Service Unit-related decision to the extent that the individual’s participation is legally required for the action or decision to be made. In such event, the Board member shall report the occurrence to the Commission.
3. Except as defined in Nebraska statute and this policy, conflict of interest of a Board member shall not prevent a Board member from serving on the Board or restrict the hiring or purchasing practices of this school district.
4. The Unit Administrator should provide:
   1. Each Board member with copies of state statutes of Nebraska pertaining to conflicts of interest at the organizational meeting of the Board. In addition, any newly appointed or elected Board member shall be provided such statutes.
   2. When possible, supply each Board member with a list of financial matters on the agenda to come before the Board at the next regular meeting in sufficient detail to allow the Board member to identify potential conflicts of interest and report and receive advice from the Commission.
5. For purposes of this policy, immediate family member shall be defined as a child residing in the Board member’s household, a Board member’s spouse, or an individual claimed by that Board member, or the Board member’s spouse as a dependent for federal income tax purposes.