Policies and Regulations NEPN Code: BCB
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School Board Governance and Operations
School Board Member Conflict of Interest

A School Board member shall not perform any labor, or furnish equipment or supplies for compensation.  He/She shall not be interested directly in any contract with the School District which may have remunerative awards to the Board member.

No Board member may participate in discussing or vote on any issue in which the member has a conflict of interest. Each member shall decide if any potential conflict of interest requires such member to be disqualified from participating in discussion or voting. However, no member may participate in discussing or vote on an issue if the following circumstances apply:

  • The member has a direct pecuniary interest in the matter before the Board
  • or
  • At least two-thirds of the Board votes that a member has an identifiable conflict of interest that should prohibit the member from voting on a specific matter.

If a member with a direct pecuniary interest participates in discussion or votes on a matter before the Board, that member’s vote will be invalidated.

No elective county, municipal or state officer or the holder of any other office, the duties of which are incompatible or inconsistent with the duties of a Board member, shall be eligible for such membership.

 

Legal Reference:

SDCL
6-1-1  Local officer's interest in public purchase or contract unlawful -- Contract void.
6-1-2  Conditions under which contract with local officer permitted -- Contract voidable if conditions not fully met.
6-1-17  Official prohibited from discussing or voting on issue if conflict of interest exists -- Legal remedy.
13-20-2.1  Interest of school district officer or employee in sale of school equipment as misdemeanor -- Exception
13-7-3  Public office incompatible with board membership.

 

Policy   Board Action (formerly 8250)
Adopted 05-28-68    
Amended: 10-25-93 27458.2c.  
Amended: 10-24-05 34245  
Amended: 09-14-09 35488  
Amended: 08-12-13 36693