This month, we’ve been looking at the most common questions OSBA attorneys receive regarding board member conflicts-of-interest. Those include:
Through the month of December, we’re looking at the most common scenarios in which an incoming board member may have a conflict of interest. Last week, we discussed individuals currently working and volunteering for the district (you can read that blog entry here). This week, we’ll take a look at board members that have family members working for the school district. In the coming weeks, we’ll look at board members that are employed by or own a company that has an active…
Hundreds of new individuals will begin serving on school boards in Ohio next month. The legal hotline has received several questions about conflicts of interest for incoming members. (Remember: OSBA attorneys cannot provide a legal analysis of the specifics for a board member, but we can provide legal information to help you determine whether you should speak with board counsel about a potential conflict.)
While it can arise in many contexts, we most commonly receive the question as one of four basic scenarios:
The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.
In 2010, a teacher employed by the Chardon Local School District caused a head-on collision with another automobile, resulting in severe injuries to the driver of the other vehicle. The teacher, who admitted that she had been drinking before the collision, lied to the investigating police officer by telling him that her husband was driving the car involved in the collision. Only after the officer…
Yes. On April 22, 2010, the Ohio Ethics Commission (OEC) issued Advisory Opinion No. 2010-01 regarding the application of the Ethics Law to community school officials. All governing boards of community schools are required to sign contracts agreeing to be bound by RC Chapter 102 and Section 2921.42. Because governing boards of community schools are agents of public agencies, the governing board members are also subject…
Boards are generally permitted to adopt a resolution to grant board members free admission to school-sponsored events, but should be cognizant of the relevant ethics laws and the potential for appearances of impropriety. The Ohio Revised Code prohibits public officials, including school board members, from using their office to solicit or accept things of value from those parties they regulate or with whom they do business. The Ohio Ethics Commission provides general guidance on accepting gifts, meals, entertainment or other things of value in Information Sheet #7, which is available…
Advisory Opinion No. 2009-06, Ohio Ethics Law and Stimulus Funds
The new advisory opinion, effective Oct. 30, 2009, addresses the issue of whether Ohio Ethics Law and related statutes apply to public officials and employees who are involved in the allocation and use of the American Recovery and Reinvestment Act (Stimulus Bill) funds. The answer is yes. For purposes of the Ohio Ethics Law and statutes that govern conflicts of interest in public contracting, purchases and payments made pursuant to the…
We're back from our brief technology-induced hiatus and, according to the calendar, it's almost time for financial disclosure statement filing. The Ohio Ethics Laws require certain public officials and employees to file annual financial disclosure statements with the Ohio Ethics Commission. The deadline to file the forms is April 15th. Who needs to file? All district treasurers, superintendents, and business managers must file the forms. School board members in districts with ADM in excess of 12,000 must file as well. Not sure if your…
