• Download this document

I. Purpose

Members of the Board of School Committee have a duty of loyalty to the Manchester School District and to members of the public whose interest they are sworn to serve. The purpose of this conflict of interest policy, which provides guidance and a general standard of conduct with respect to actual or apparent conflicts, is in keeping with the New Hampshire General Court’s declaration that the people have the right to be assured that the financial interests of public officials and employees do not conflict with the public trust and with the principle which prohibits public officials and employees from entering into situations in which private interests may conflict with official duties.

The appearance of conflict of interest undermines the public confidence in the integrity of the school district, its board members, directors, officers, and employees, and should be scrupulously avoided. The intention of the board is to enact a policy consistent with Article 9 of the Manchester City Charter.

II. Standards of Conduct

No board member shall:

1. Engage in conduct that constitutes a conflict of interest, which shall be defined as use by a member of any confidential information received through his/her position for the private, pecuniary benefit of him/herself, a member of his/her immediate family, or a business with which the member or a member of his/her immediate family is associated. “Immediate family” is defined to mean a parent, spouse, child, brother, sister, brother-in-law, or sister-in-law.

2. Engage, or have any interest, financial or otherwise, directly or indirectly, in any business, transaction, or professional activity which conflicts with or impairs the proper discharge of official duties or which could bring disfavor or disrespect upon the school district.

3. Recommend or otherwise participate in the decision to make any contract between the school district and the board member or any business or entity in which the member or a member of his/her immediate family has a significant personal or financial interest. A member shall report the nature of his/her interest in a potential school district contract to the board. Where a member, officer, employee, or director of a member of his/her immediate family has a personal or financial interest in a contract, s/he shall disclose it publicly and abstain from voting on the contract. Formal approval of the contract by majority of all members of the board other than the abstaining member shall be required. The foregoing shall also apply to any business in which the member’s, officer’s, or employee’s spouse or child is an employee, an officer, a director, a trustee, or significant shareholder.

4. Advertise business or professional activities on school district property or use school district property or services to perform or promote personal or commercial enterprises or to campaign or raise money for any candidates for political office. A board member’s incidental use of school district property or services during the course of his/her duties is not included in this prohibition.

Nothing in this policy shall be construed in a manner that prevents school board members from following established procedures to reserve school facilities on their behalf or on behalf of any political candidate.

Further, nothing in this policy shall prevent individuals who have filed for election as school board candidates from using school facilities to take photographs for campaign purposes in a manner that is not disruptive to faculty, students or staff and does not photograph students, faculty, or staff without proper authorization from students, faculty, or staff.

Campaigning at extra-curricular and athletic events shall be allowed. Campaign activities, however, may be restricted by applicable state laws, city ordinances, and district policies and procedures that impose certain time, place, and manner restrictions on campaign activity.

5. Misuse or disclose confidential information concerning property, personnel matters, or affairs of the school district.

6. Accept anything of value, including – but not limited to, a gift, loan, political contribution, reward, promise of future employment, favor, gratuity, entertainment, transportation or lodging – based on any implied or actual understanding that the judgment of the board member would be influenced thereby.

Political contributions that are not offered based on an implied or actual understanding that they are being donated to influence a board member’s judgment are entirely proper. Further, in accord with the city charter, this shall not prohibit legal campaign contributions or admission to events to which officials are invited in their official capacities or the consumption of food or beverages at such events.

7. Solicit directly from district officers of employees anything of value for a board member’s personal benefit or for the personal benefit of a member’s immediate family, according to the provisions of Article 9 of the Manchester City Charter.

8. Purchase property of any kind from the school district, either directly or indirectly, except in a manner approved by the board for the particular sale involved, unless

   1. There is an open and public bid process, including public notice and subsequent public disclosures of all bids considered and contracts awarded;

   2. The board member did not act in an official capacity in connection with the sale;

   3. The director, officer, or employee was not privy to non-public information received in the course of his office or employment.

9. Participate in the review and approval of publications or materials for school district purchase if the member, director, officer, or employee is the author/editor of or has any financial interest in the sale of such publications or materials.

III. Contracts Involving Board Members

In addition to applying the standards of conduct set forth above, the board shall not enter into any contract with any of its members or with a firm or corporation in which a member has a significant financial interest unless one or more of the following apply:

1. The contract is awarded to the lowest responsible bidder based on competitive bidding procedures.

2. The merchandise is sold to the highest bidder at a public auction.

3. If, because of geographic restrictions or the lack of alternatives, the district could not otherwise reasonably afford the contract because the additional cost to the district would be greater than 10 percent of the contract with the interested member or if the contract is for services that must be performed within a limited time period and no other contractor can perform the services.

IV. Advisory Opinions

Any board member may seek an advisory opinion from the board as to whether a matter constitutes a conflict of interest or suggests an appearance of impropriety that it would make it improper for the board member to vote on the matter in question. In addition, the board may seek the opinion of its legal counsel on whether or not the participation of a board member in a decision constitutes a conflict of interest.

Reference:

Manchester City Charter, Article 9

Revised from: 7/18/05

First Reading Coordination: N/A

Second Reading and Adoption by BOSC: 1/7/14 (BOSC 131 to BOSC 116)