BOARD OF DIRECTORS
Series 200
Policy Title: Board of Directors’ Conflict of Interest Code No. 203
Board members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the School District, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for a school textbook or school supply company doing business with the school district during the board member’s term of office. It will not be a conflict of interest for board members to receive compensation from the School District for contracts to purchase goods or services if the benefit to the board member does not exceed $6,000 in a fiscal year or if the contracts are made by the Board, upon competitive bid in writing, publicly invited, and opened.
The conflict of interest provisions do not apply to a contract that is a bond, note, or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited, and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract. The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily competitively bid.
It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:
It is the responsibility of each board member to be aware of an actual or potential conflict of interest. It is also the responsibility of each board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.
Approved: February 13, 1968
Reviewed: August 13, 2019
Revised: June 9, 2020
Legal Reference: 22 C.F.R. § 518.42. Iowa Code §§ 68B, 71.1; 277.27; 279.7A; 301.28.
Cross Reference: 201 Board of Directors’ Elections; 202.1 Qualifications; 204 Code of Ethics; 216.3 Board of Directors’ Member Compensation and Expenses; 217 Gifts to Board of Directors; 401.3 Nepotism