Ethics

Hundreds of new individuals will begin serving on school boards in Ohio next month.  The legal hotline has received several questions about conflicts of interest for incoming members.  (Remember: OSBA attorneys cannot provide a legal analysis of the specifics for a board member, but we can provide legal information to help you determine whether you should speak with board counsel about a potential conflict.)

While it can arise in many contexts, we most commonly receive the question as one of four basic scenarios:

The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.

Yes. On April 22, 2010, the Ohio Ethics Commission (OEC) issued Advisory Opinion No. 2010-01 regarding the application of the Ethics Law to community school officials. All governing boards of community schools are required to sign contracts agreeing to be bound by RC Chapter 102 and Section 2921.42.

Boards are generally permitted to adopt a resolution to grant board members free admission to school-sponsored events, but should be cognizant of the relevant ethics laws and the potential for appearances of impropriety. The Ohio Revised Code prohibits public officials, including school board members, from using their office to solicit or accept things of value from those parties they regulate or with whom they do business.

Advisory Opinion No. 2009-06, Ohio Ethics Law and Stimulus Funds

We're back from our brief technology-induced hiatus and, according to the calendar, it's almost time for financial disclosure statement filing. The Ohio Ethics Laws require certain public officials and employees to file annual financial disclosure statements with the Ohio Ethics Commission. The deadline to file the forms is April 15th. Who needs to file? All district treasurers, superintendents, and business managers must file the forms. School board members in districts with ADM in excess of 12,000 must file as well.