0144.3 - CONFLICT OF INTEREST

Board members in the Mauston School District are expected to perform their duties in accordance with the highest moral and ethical standards, and this policy outlines some general guidelines to assist members in avoiding conflicts of interest. However, it ultimately is each board member’s individual responsibility to ensure that their actions comply with relevant conflict of interest law. That law includes, but is not limited to, the Wisconsin Code of Ethics for Public Officials and Employees, the doctrine of incompatible offices, and Wisconsin’s criminal code as it relates to having a private interest in public contracts.

When a Board member has a conflict of interest, they will be expected to physically leave the room where the discussions are occurring.

POLICY PROCEDURE

1. Use of Office for Financial Gain
    
   1. Use of Office for Private Benefit
      
      School board members shall not use their office or take any official action to obtain financial gain or anything of substantial value for their private benefit, or for the benefit of their immediate family, or for any organization with which they are associated. This policy shall not be interpreted to prohibit a board member from using the title or prestige of their office to obtain campaign contributions that are otherwise permitted and reported as required by law.
   2. For purposes of this policy, “immediate family” means (1) a Board Member’s spouse; and (2) a board member’s relative by marriage, lineal descent, or adoption who receives, directly or indirectly, more than one-half of their support from the board member or from whom the board member receives, directly or indirectly, more than one-half of their support.
   3. For purposes of this policy, an “organization with which [a Board Member] is associated" includes any organization in which a board member or a member of their immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which the board member or their immediate family is an authorized representative or agent.
      
      The following are examples of actions that are considered conflicts of interest and are prohibited by this section: If a board member’s spouse is an employee in the Mauston School District, the member may not participate in discussions, negotiations, or votes on the district compensation, health, and other benefits and employment conditions, including the Employee Handbook for employees.
       
      1. If a board member is covered by the Mauston School District’s health benefits, that member may not participate in discussions, negotiations, or votes on labor contracts that include health benefits.
      2. If a board member has a private interest in a contract that is under consideration by the board, the member may not vote on the matter, regardless of the monetary amount involved.
      3. In the event 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 school district, the board member should refrain from debating 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 their interest in the public schools and their interest in the board member's place of employment (or indirect interest) might conflict.
2. Gifts
   
   No board member may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the board member’s vote, official actions, or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the board member. The following are examples of actions that are prohibited by this section:
    
   1. Accepting gifts or favors from a vendor or representative of any commercial entity that engages in business or would like to engage in business with the school district.
   2. Accepting gifts or favors from any person seeking preferential or special treatment of any kind.
3. Campaign Contributions
   
   No Board Member shall promise to give or withhold their vote or influence upon the condition that any other person make or refrain from making a political contribution. 
4. Contracts of More Than $15,000/Year
   
   No Board Member may, in their private capacity, negotiate, bid for, enter into, or participate in the making of a contract that involves receipts and disbursements aggregating more than $15,000 in any year if the board member has a direct or indirect private pecuniary interest in the contract. Additionally, no Board Member, in their private capacity, may perform in regard to such a contract any function requiring the exercise of discretion on the board member’s part.
5. Incompatible Offices
   
   No Board Member may be employed by the Mauston School District or hold any other office that creates a conflict of interest with their duties as a Board Member.  However, a Board member may serve as a volunteer coach,  a supervisor of an extra-curricular activity, or a bus driver if the provision of 120.20, Wis. Stats., Policy 8120 - Volunteers, and this policy are satisfied.
6. Voting in Quasi-Judicial Capacity
   
   Board Members who participate in quasi-judicial functions such as expulsions must execute their voting responsibilities in an unbiased and non-prejudicial manner. Accordingly, if a Board Member asked to perform such a quasi-judicial role has a conflict of interest that is direct, definite, and capable of demonstration, they should abstain from discussion, consideration, action, and voting.

Revised 11/20/23

School District of Mauston