BOARD MEMBER CONFLICT OF INTEREST
A Board member shall
not have any direct personal and pecuniary interest in a contract with the School District, nor shall he or she
furnish directly any labor, equipment, or supplies to the district.
In the event that a
Board member is employed by a corporation or business, or has a secondary
interest in a corporation or business which furnishes goods or services to
the Board member shall declare his/her interest and refrain from debating,
discussing, or voting upon the question of contracting with the company.
It is not the intent
of this policy to prevent the district from contracting with corporations or
businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a
Board member in a position where his/her interest in the public schools and
his/her interest in his/her place of employment (or other indirect interest)
might conflict, and to avoid appearance of conflict of interest even though
such conflict may not exist.
A Board member that is employed by or has an interest in a business that represents individual students within the School District would be considered a conflict of interest, based on this policy.
In accordance with
Rochester City Charter, Section 72, No School Board member, appointive
officer or employee of the Rochester School Department shall participate in
any decision concerning the business of the City in which he/she has an
interest which conflicts with his/her official duties and
responsibilities. Such Board member,
officer or employee may participate in such discussion if:
A. He or she files a written, detailed
declaration of his/her conflicting interest with the City Clerk, who shall
distribute copies thereof to all members of the School Board; and
B. The School Board votes to authorize
No School Board member shall vote
upon any matter where he/she or a member of his/her immediate household would
be directly affected financially or personally. The term "member of his/her
household" shall be deemed to include a spouse or any child or stepchild
who resides within the same premises.
As to any School Board Member, the Chair of
may disqualify him/her from voting on any issue where the Chair perceives a
conflict of interest, either on his/her own or at the suggestion of another School Board member. A School Board member who has been
so disqualified may appeal such disqualification to the Board,
and upon two-thirds (2/3) vote of the entire Board, the disqualification
shall be removed. In any vote
appealing such a disqualification, the Chair, as well as the affected member,
shall be included as part of the number of which two-thirds (2/3) is
required. Further, they shall be
entitled, each of them, to vote upon the appeal.
Reference: Marsh v. Hanover, 113 NH 667 (1973)
v. Concord, 109 NH 164 (1968)
City Charter, Section 72 (1990) as amended by Referendum of 11/5/91, effective 7/1/92.
Adoption Date: April
June 12, 2008
Amended: May 11, 2017