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BBFB - Board Member Ethics and Nepotism

Code: BBFB
Readopted:  4/24/17
Adopted: 10/26/15
Orig. Code(s): BBFB

In order to avoid both potential and actual conflicts of interests, Board members will abide by the following rules when a Board member’s relative or member of the household is seeking and/or holds a position with the district:

  1. A Board member may not appoint, employ, promote, discharge, fire, or demote or advocate for such an employment decision for a relative or a member of the household, unless the Board member complies with the conflict of interest requirements of Oregon Revised Statute (ORS) Chapter 244; This policy does not apply to decisions regarding unpaid volunteer positions unless it is a Board member position or another Board-related unpaid volunteer position (i.e., a Board committee position);
  2. A Board member may not participate as a public official in any interview, discussion, or debate regarding the appointment, employment, promotion, discharge, firing, or demotion of a relative or a member of the household.  A Board member may still serve as a reference or provide a recommendation.

For the purposes of this policy, a “member of the household” means any person who resides with the Board member; and “relative” means: the spouse[1], parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the Board member; or the parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the spouse of the Board member.  Relative also includes any individual for whom the Board member has a legal support obligation, whose employment provides benefits[2] to the Board member, or who receives any benefit from the Board member’s public employment.

Class Exception

It will not be a conflict of interest if the Board member’s action would affect to the same degree a class including the Board member’s relative or household member.  For example, if a Board member’s spouse is a member of the collective bargaining unit, the Board member may vote to approve the contract, as it will affect all members of that class to the same degree.  However, if the collective bargaining unit is very

small, the class exception may not apply.  Similarly, if the contract contains special provisions that might apply only to particular persons, then the class exception may not apply.  For example, if a Board member’s spouse is the only one in the bargaining unit that has a doctorate and there is a pay differential for employees with doctorates in the collective bargaining agreement, the Board member should not vote on the contract.

END OF POLICY

[1]The term spouse includes domestic partner.
[1]Examples of benefits may include, but not be limited to, elements of an official compensation package including benefits such as insurance, tuition or retirement allotments.
 
Legal Reference(s):
ORS 244.010 to -244.400
 
OAR 199-005-0001 to -199-010-0150
Or. Ethics Comm’n, Or. Gov’t Ethics Law, A Guide for Public Officials.
 
Cross Reference(s):
BBFA - Board Member Ethics and Conflicts of Interest