Staff Analysis of the Legislation
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SUMMARY:
This bill would amend Article 2, Chapter 10, Title 15 to prohibit members of public authorities [BOE’s] from participating in and communicating with any other member of such authority regarding any matter if any member of his/her immediate family stand to gain financially in the matter.
REQUIRMENTS:
- “Family” includes:
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- Spouse
- Child
- Sibling
- Parent
- Spouse of child, sibling or parent
- If a financial interest were to exist,
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- It must be disclosed by the member and recorded in the minutes;
- The member must abstain and not be present during discussion or vote;
- There could be no communication, direct or indirect, with any other member concerning the matter while it is discussed or considered by the authority [BOE].
- Penalties:
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- Removal from office;
- A fine of $10,000; and
- Restitution of any financial gain.
- Anyone may file a complaint to the state attorney general.
NOTES:
- BOE members with family employed by the school system would need to be very cautious when budget discussions are held involving employee salaries, and they probably should not serve on budget committees.
- BOE members related to any vendors that do business with a system, i.e., plumbers, produce suppliers, soft drink vendors, etc., should be cautious regarding awarding such contracts.
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