Voting on matters of business that come before the board is an important duty for school board members. Whenever possible, board members are encouraged to take a stand and cast a vote. An abstention is considered as a “not voting,” which means that it’s neither a vote in favor nor a vote against the motion being made. Sometimes, an abstention makes the difference in whether a motion receives the required number of votes to pass.
There may be times when an abstention is required by law. For example, the Ohio Revised Code prohibits a board member from voting or participating in the making of a contract for a public school teacher or instructor if the board member is related to the individual, that is being considered, as mother, father, sister, or brother (RC 3319.21).
Furthermore, the Ohio Ethics Commission has taken the position that RC 2921.42 prevents a board member from authorizing, voting or otherwise using the authority or influence from his or her office to secure approval of an individual contract with his or her spouse, although the board member may vote on a master contract between the district and teachers’ union in most cases (OEC opinion 82-003: http://www.ethics.ohio.gov/advice/opinions/82-003.pdf). RC 3313.33 also prohibits a board member from directly or indirectly having a pecuniary interest in the board’s contract or from being employed by the board for compensation.
It should be noted there are exceptions recognized by law regarding a board member’s interest in a public contract. Those exceptions, along with the general legal rules relating to voting, are summarized by OSBA in a fact sheet that can be found online here: http://www.ohioschoolboards.org/sites/default/files/OSBABoardVotingFactSheet.pdf.
Board members should be aware of the number of votes necessary to pass a motion and the effect of abstaining. Any board member who is in doubt regarding the legality of casting a vote in any given situation should consult legal counsel. If you have any general questions, please contact OSBA’s Legal Services Division.