Superintendents and their families

In the April OSBA Journal, the ‘According to Law’ article discussed nepotism restrictions. The article’s focus was on Ohio Revised Code (RC) Section 2921.42(A)(1), which prohibits any public official from authorizing the employment of a family member or using his or her position to secure authorization of a family member’s employment. However, we’ve received some questions since then on superintendents making employment recommendations for family members.

Ohio Ethics Commission issues guidelines for public servants employed by nonprofit corporations

On June 10, 2016, the Ohio Ethics Commission (OEC) issued Advisory Opinion No. 2016-01, considering whether a city council member can be employed as director of a nonprofit corporation that receives financial support from the city.  While the opinion specifically discusses city officials, its conclusions also apply to elected and appointed school board and educational service center (ESC) governing board members.   

Does our board member elect have a conflict of interest? (Part 2 of 4)

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 cont

Question of the week: Does our board member elect have a conflict of interest?

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: