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BCB - Board Member Conflict of Interest

In order to further the mission of the Falmouth Public Schools, to meet obligations under applicable law, and to promote public confidence in the schools, Board members should not permit personal financial interests or family allegiances to influence improperly the performance of their duties. This policy is intended to prevent the occurrence of real or apparent conflicts of interest that may impair the mission and reputation of the schools.

 

For the purposes of this policy, the following definitions apply:

  • “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative unit.

 

  • “Volunteer” means a person who performs personal services for a school administrative unit without monetary payments or benefits of any kind or amount.

 

  1. Contracts

The Board and the Falmouth Public Schools shall not enter into any contract in which a Board member (i) has a direct or indirect pecuniary interest (as defined by law), (ii) or is employed by, contracts with, or has any other financial interest in an entity which furnishes goods or services to the schools, except as follows:
 

  1. The Board member having the interest makes full disclosure of interest before any action is taken and abstains from voting, negotiating, or award of the contract and from otherwise attempting to influence the decision (disclosure and abstention shall be recorded in the minutes of the Board), or

  1. The contract is obtained through properly advertised bid procedures in accordance with state law and Board policies.

 

When a Board member participates in the selection, award, or administration of a contract that is supported by a federal award, the Board member shall also comply with Policy DJH - Purchasing and Contracting:  Procurement Staff Code of Conduct.
 

  1. Employment
     

  1. During a Board member’s tenure and for one year following the end of that service, a Board member may not be appointed to any civil office of profit or employment position which was created or the compensation of which was increased by action of the Board during the time the member served on the Board.

 

  1. A Board member or spouse of a member may not be an employee in the Falmouth Public Schools.

 

  1. Volunteers

 

  1. A member of the Board or spouse of a member may not serve as a volunteer with primary responsibility for a curricular, co-curricular or extracurricular program or activity that reports directly to the superintendent, principal, athletic director or other school administrator in the Falmouth Public Schools.

 

  1. Volunteer activities of a member of the Board or member’s spouse, other than in roles that are prohibited by this section, may be prescribed by Board policy.




 

Legal References:

20-A M.R.S.A. §§ 1002 – 1004

30-A M.R.S.A. §§ 2604 – 2605.

 

Cross Reference:

BCC - Nepotism

DJH - Purchasing and Contracting:  Procurement Staff Code of Conduct


 

Adopted:  February 26, 2007

Revised:   January 7, 2019