Conflict of Interest/Nepotism
Members of the board may not become interested in any contract with or claim against the board, directly or indirectly, or as agent or employee of any individual, firm, or corporation which is so interested.
In addition, members of the board are subject to certain portions of the state-wide conflict of interest statutes contained in sections 105.450 through 105.482 RSMo. The statutes prohibit such conduct as:
1. A board member (or a business in which a board member owns a substantial interest) performing services for the district for compensation;
2. A board member (or a business in which a board member owns a substantial interest) selling, renting, or leasing property to the district and receiving payment therefor;
3. A board member attempting to influence a decision of the board by reason of a payment, promise to pay, or receipt of anything of value;
4. A board member using or disclosing to others confidential information obtained in an official capacity for personal financial gain;
5. A board member performing services for any person or business for compensation, either while a board member or during a one-year period following termination in office, by which performance such board member attempts to influence a decision of the board;
6. A board member participating in any matter, directly or indirectly, in which the board member attempts to influence any decision when the board member knows that the result of such decision may be the acceptance of the performance of a service or the sale of any property to the district for consideration to the board member, the board member's spouse, a dependent child, or any business with which a board member is associated.
The foregoing represents only a general statement of prohibited activities and is described for informational purposes only. Board members are governed by the exact offenses which are contained in sections 105.450 through 105.482 RSMo. Factors such as the amount of dollars involved and whether there has been competitive bidding are sometimes significant. Whenever a possible conflict arises, it is advisable for the board to seek a legal opinion from its attorneys.
Whenever reliable information is received by any member of the board that another board member has violated this policy, it shall be the duty of that member to present the substance of such information to the president of the board in writing as soon as possible. The president shall thereupon appoint a special committee to investigate the charge and file a written report with the full board. The board shall thereupon determine whether there is reasonable cause to believe that the charge is true. If two-thirds of the entire board vote that there is reasonable cause, the board shall file the necessary papers with the Circuit Court of the City of St. Louis to initiate appropriate proceedings against the member pursuant to 162.631 RSMo.
In compliance with Missouri law, the board shall not hire a spouse of any member of the board for a vacant or newly created position unless the position has been advertised pursuant to board policy and the superintendent of schools submits a written recommendation for the employment of the spouse to the board. The names of all applicants as well as the name of the applicant hired for the position are to be included in the board minutes.
Except as noted above, the board shall not employ any of its members
nor shall it employ any person who is related within the third degree
to any board member, either by consanguinity or affinity, where the vote
of the board member is necessary for the appointment of the person.
Legal: Sections 105.450-105.482, 162.261, 162.581, 162.631 RSMo.
Revised: February 9, 1999
Revised: February 22, 2000
Revised: May 27, 2003