- A school board member’s brother has applied for a job with their district. Can the district hire the board member’s brother?
- A district vendor wants to thank the district for its business by taking board members to dinner at the nicest restaurant in town. Can the board members accept this offer?
- A board member’s child has an individualized education program (IEP) with the district. Can the board member attend IEP team meetings for their child?
- A newly elected board member used to coach one of the district’s teams. Can they continue as a coach now that they’re a board member?
Given the fact that they have sought to serve their school districts as members of a board of education, it shouldn’t be surprising that school board members are usually active contributors to their communities. They have families, whose members also may be part of the school district network – for example, as students, teachers, administrators, coaches or volunteers. Many have outside employment and business interests, including owning and operating companies. Some are committed to nonprofits, sports, clubs and religious organizations.
These connections make people uniquely qualified for the role of board member. However, they can also raise questions under the Ohio Ethics Laws. These laws apply to all public officials and employees, including school board members. The laws prohibit, among other things, public officials from using their public positions to secure benefits for, or avoid detriments to, their family members, employers, business associates and others with whom they have close ties. Because the laws are criminal statutes, it’s imperative that board members seek out more information if they know, or suspect, that the ethics law may apply to them in a particular situation. The consequences of a violation can be significant, so this is one area where it’s much better to seek permission rather than forgiveness.
Here at OSBA, the legal services division frequently gets questions from board members and district employees about the ethics law. When a board member calls us, we can help them identify whether they have an issue under the law, provide them with resources (including OSBA and Ohio Ethics Commission materials), and explain how they can seek more guidance from the board’s attorney or the commission, if necessary.
If you have questions about the ethics law, or you’d like to find answers to the questions discussed above, OSBA’s ethics resource page can help. The Ethics Commission also has many resources available on its webpage, including a toolkit prepared for public school board members and employees.
In addition to these resources, OSBA recently released the following free webinars to assist board members and district employees in their understanding of the ethics laws:
Nepotism: What’s really prohibited?
Are you conflicted? School district personnel and conflicts of interest
We hope you find the webinars, and other resources, helpful as you explore these important topics. If you have any questions or would like to discuss ethics issues more fully, please contact OSBA’s legal division at (855) OSBA-LAW [(855) 672-2529] and talk to one of the attorneys. We look forward to hearing from you!