CONFLICT OF INTEREST | Policy Manual

0141.2 - CONFLICT OF INTEREST

A Governing Board member shall not have any direct or indirect pecuniary interest in a contract with the Educational Service Center ("Center"); nor shall a Governing Board member furnish directly any labor, equipment, or supplies to the Center; nor shall a Governing Board member be employed by the Board in any capacity for compensation.

In the event a Governing Board member is employed by a corporation, business, political subdivision, or a public or private institution of higher education which furnishes goods or services to the Center, the Governing Board member shall declare their association with the organization and refrain, as mandated by law, from debating or voting upon the question of the contract. It is not the intent of this policy to prevent the Center from contracting with corporations or businesses because a Governing Board member is an employee of the firm. The policy is designed to prevent placing a Governing Board member in a position where a Governing Board member's interest in the public schools and interest in their place of employment might conflict and to avoid appearances of conflict of interest even though such conflict may not exist. Each Governing Board member is responsible for complying with the Ohio Ethics Commission prior to taking any action.

Among the conflicts which law specifically forbids:

the prosecuting attorney or city attorney from serving on the Governing Board;
a Governing Board member from serving as the school dentist, physician, or nurse;
a Governing Board member from being employed for compensation by the Governing Board;
a Governing Board member from having, directly or indirectly, any pecuniary interest in any contract with the Governing Board;
a Governing Board member from accepting a reward, gift, or reduction in price for favoring, recommending, or advocating the introduction, adoption, or use in the school of a textbook, map, chart, or any other school supply;
a Governing Board member, for a period of one (1) year after leaving office, from accepting employment with the Governing Board where such employment was authorized by the GoverningBoard while a Governing Board member was a member thereof;
a Governing Board member from soliciting or using the authority or influence of the office to secure employment with the Governing Board;
a Governing Board member from voting, deliberating, participating in discussions, or otherwise using the authority or influence of the office to create a position with the Center or to set the compensation for such position where the Governing Board member is considering, or is being considered for, employment in that position;
a Governing Board member from having an interest in a contract for the purchase of property, supplies, or fire insurance by any county, township, municipal corporation, board of education, or public institution anywhere in the State of Ohio, if such contract exceeds $150 unless the contract is let by competitive bidding;
a Governing Board member from being involved in any aspect of the hiring process including, but not limited to, discussing, deliberating, interviewing, or voting on a contract with that person as a teacher or instructor if the Governing Board member is related to that person as spouse, father, mother, step-parent, brother, sister, minor child, step-child, grandparent, grandchild, or any other person related by blood or marriage that resides in the same household as the Governing Board member;
a Governing Board member from authorizing or using the authority or influence of office to secure authorization of a public contract in which the Governing Board member, a member of their family, or any of their business associates has an interest;
a Governing Board member from authorizing or using the authority or influence of office to secure the investment of public funds in any share, bond, mortgage, or other security in which the Governing Board member, any member of their family, or any of their business associates have an interest, or receives any brokerage, origination or servicing fees, or is an underwriter;
a Governing Board member from having an interest in the profits or benefits of a public contract entered into by the Center with which a Governing Board member is connected;
a Governing Board member from using the authority or influence of office to secure anything of value or the promise of anything of value to the Governing Board member, from soliciting or accepting anything of value that is of such a character as to manifest an improper and substantial influence upon the Governing Board member with respect to the Governing Board member's duties.

Governing Board members shall not accept any form of compensation from a vendor or other improper source that is seeking to do business with the Center, is doing business with the Center, is regulated by orinterested in matters before the Center. In addition, Governing Board members shall not enter into a contractual arrangement with a vendor seeking to do business with the Center, or a vendor with whom the Center is doing business, whereby an individual Governing Board member receives compensation in any form for services rendered. Such compensation or things of value are not limited to cash, check, stocks, or any other form of securities, and gifts such as televisions, microwave ovens, computers, discount certificates, travel vouchers, tickets, passes, and other such things of value. In the event that a Governing Board member receives such compensation, the Governing Board member shall immediately notify the Treasurer, in writing, that they received such compensation and shall thereafter promptly transmit such compensation to the Treasurer.

Nothing herein shall prevent a Governing Board member who attends a conference held by an association of public officials and employees from accepting a meal, or attending a reception or open house, the cost of which is financed by a private party so long as the meal, reception, or open house is: 1) of an ordinary, routine character; 2) at an educational or informational event; and 3) open to all of the public officials and employees attending the event. A Governing Board member is prohibited from improperly using their position to secure the donation of the cost of a meal, reception, or open house at a conference of an association of public officials and employees to which the Governing Board member or their Governing Board belongs, while the Governing Board member is simultaneously engaged in governmental business or regulatory activity directly affecting the related interests of the person solicited.

A Governing Board member whose spouse is an employee in the Center may not vote, authorize, or use the influence of office to secure approval of an employment contract with the Governing Board member's spouse. Neither may the Governing Board member vote, deliberate, discuss, or otherwise attempt to influence a collectively-bargained, negotiated agreement affecting their spouse if the spouse is an officer, executive committee member, or member of the negotiating team or committee of the employee organization or if the agreement includes provisions for health insurance under which said Governing Board member is covered as a benefit of the spouse's employment.

Governing Board members are responsible for knowledge of the ethics law applicable to their public service as an elected official in the State of Ohio. Governing Board members should seek guidance on the application of Ohio’s ethics law prior to acting.This policy is an overview, not a complete statement of Ohio’s ethics laws.