All directors of the St. Charles R-VI School District Board of Education shall adhere to the laws
regarding conflict of interest and take steps to avoid situations where their decisions or actions in
their capacity as Board members conflict with the mission of the district.
As used in this policy, "businesses owned by Board members" includes sole proprietorships,
partnerships, joint ventures or corporations where the Board member is the sole proprietor, a partner
having more than a ten percent partnership interest, or a coparticipant or owner of more than ten
percent of the outstanding shares of any class of stock.
Sale, Rental, Lease or Provision of Personal Property
Board members or businesses they own shall not sell, rent, lease or provide personal property to the
district.
Sale, Rental or Lease of Real Property (Real Estate)
Board members and businesses they own may sell, rent or lease real estate to the district. Public
notice of the transaction must be given prior to execution if the payment to the Board member or
business exceeds $500 per transaction or $5,000 per year.
Employment
The district shall not employ Board members for compensation even on a substitute or part-time
basis. While a Board member remains on the School Board, the district will not accept an
application of employment from a Board member, consider a Board member for employment or
decide to employ a Board member. Board members may provide services on a volunteer basis.
Independent Contractor
Board members may provide services to the district as independent contractors through businesses
they own. If payment for the service exceeds $500 per transaction or $5,000 per year, the district
must give public notice and competitively bid the service, and the bid or offer of the Board member's
business must be the lowest received. Businesses owned by Board members may provide services
on a volunteer basis.
Businesses That Employ Board Members
Board members may participate in discussions and vote on motions for the district to do business
with entities that employ the Board member as long as the business is not owned by the Board
member and the Board member will not receive any financial benefit from the transaction. The
Board member may need to submit a statement of interest as described below.
Statement of Interest
If a Board member has a substantial personal or private interest in a decision before the Board,
before voting the Board member shall provide a written report of the nature of the interest to the
Board secretary. The written statement will be recorded in the minutes. A Board member will have
complied with this requirement if the Board member has disclosed the interest in a personal financial
disclosure statement that was filed or amended prior to the vote.
A "substantial interest" exists when the Board member, his or her spouse or dependent children,
either singularly or collectively, directly or indirectly:
1. Own(s) ten percent or more of any business entity; or
2. Own(s) an interest having a value of $10,000 or more in any business entity; or
3. Receive(s) a salary, gratuity or other compensation or remuneration of $5,000 or more from
any individual, partnership, organization or association within any calendar year.
Self-Dealing
A Board member shall not favorably act on any matter that is specifically designed to provide a
special monetary benefit to the Board member, his or her spouse or dependent children.
A "special monetary benefit" means being materially affected in a substantially different manner or
degree than the manner or degree in which the public in general will be affected or, if the matter
affects only a special class of persons, then affected in a substantially different manner or degree than
the manner or degree in which such class will be affected.
A Board member will not directly or indirectly influence or vote on a decision when the Board
member knows the result of the decision may be the acceptance by the district of a service or the
sale, rental or lease of property to the district and the Board member, his or her spouse, dependent
children in his or her custody or any business with which he or she is associated will benefit
financially.
"Business with which a person is associated" means:
1. A sole proprietorship owned by the Board member, his or her spouse or any dependent
children in the person's custody.
2. A partnership or joint venture in which the Board member or spouse is a partner, other than
as a limited partner of a limited partnership, and any corporation or limited partnership in
which the Board member is an officer or director or of which the Board member, spouse or
dependent children in the Board member's custody, whether singularly or collectively, own
more than ten percent of the outstanding shares of any class of stock or partnership units.
3. Any trust in which the Board member is the settlor or trustee, or in which the Board member,
spouse or dependent children, singularly or collectively, are beneficiaries or holders of a
reversionary interest of ten percent or more of the corpus of the trust.
Use of Confidential Information
A Board member shall not use confidential information obtained in the course of his official capacity
in any manner with the intent to result in financial gain for himself, any other person or any business.
Nepotism
A Board member shall not vote to employ or appoint any person who is related within the fourth
degree to such Board member by consanguinity or affinity. In the event that an individual is
recommended for employment or appointment and the individual is related within the fourth degree
to a Board member, the related Board member shall abstain from voting and shall leave the room
during consideration of the question and the vote.
"Fourth degree of consanguinity or affinity" means parents, grandparents, great-grandparents, great-great-grandparents, spouse, children, siblings, grandchildren, great-grandchildren, great-great-grandchildren, nieces or nephews, grand-nieces or grand-nephews, aunts or uncles, great-aunts or
great-uncles, and first cousins by virtue of a blood relationship or marriage.
Personal Financial Disclosure Statements
The St. Charles R-VI School District Board of Education hereby adopts a policy establishing and
making public its own method of disclosing financial interests of Board members, candidates and
specified administrators, in accordance with law. Personal financial disclosure statements as
described below shall be filed with the Missouri Ethics Commission and the St. Charles R-VI School
District Board of Education, on or before May 1 for the preceding calendar year, unless the person
filing is a Board candidate. Candidates must file their reports within 14 days after the last day to file
for office. The reports will be made available for public inspection and copying during normal
business hours.
This portion of the policy dealing with the financial interest statement will be adopted in an open
meeting every other year by September 15. A certified copy of this policy/resolution shall be sent
to the Missouri Ethics Commission within ten days of adoption.
Board Member Disclosure
All School Board members and candidates for School Board will disclose in writing the following
transactions if they occurred during the calendar year:
1. Each transaction in excess of $500 per year between the district and the individual, or any
person related within the first degree by consanguinity or affinity to the individual. The
statement does not need to include compensation received as an employee or payment of any
tax, fee or penalty due the district. The statement shall include the dates and identities of the
parties in the transaction.
"First degree of consanguinity or affinity" includes parents, spouse or children by virtue of
a blood relationship or marriage.
2. Each transaction in excess of $500 between the district and any business entity in which the
individual has a substantial interest. The statement does not need to include any payment of
tax, fee or penalty due the district or payment for providing utility service to the district. The
statement shall include the dates and identities of the parties in the transactions.
"Substantial interest" is ownership by the individual, his or her spouse or dependent children,
either singularly or collectively, directly or indirectly, of ten percent or more of any business
entity, or of an interest having a value of $10,000 or more, or the receipt of a salary, gratuity
or other compensation of $5,000 or more from any individual, partnership, organization or
association within any calendar year.
Superintendent, Chief Purchasing Officer and General Counsel Disclosure
The superintendent, chief purchasing officer and general counsel, if employed full time, will disclose
in writing the information required in 1) and 2) above. In addition, these employees will disclose
the following information for themselves, their spouses and dependent children:
1. The name and address of each employer from whom income of $1,000 or more was received
during the year covered by the statement.
2. The name and address of each sole proprietorship the individual owned.
3. The name, address and general nature of business conducted by each general partnership or
joint venture in which he or she was a partner or participant.
4. The name and address of each partner or coparticipant in the partnership or joint venture
unless the information is already filed with the secretary of state.
5. The name, address and general nature of business of any closely held corporation or limited
partnership in which the individual owned ten percent or more of any class of the outstanding
stock or limited partners' units.
6. The name of any publicly traded corporation or limited partnership that is listed on a
regulated stock exchange or automated quotation system in which the individual owned two
percent or more of any class of outstanding stock, limited partnership units or other equity
interests.
7. The names and addresses of each corporation for which the individual served in the capacity
of director, officer or receiver.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
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Adopted: 09/091993
Revised: 08/27/1998; 04/13/2006
Readopted: 07/09/1998; 08/10/2000; 11/14/2002; 08/14/2003; 08/12/2004; 08/11/2005;
08/09/2007; 08/14/2008; 08/12/2010; 08/11/2011; 07/12/2012
Cross Refs: DJF, Purchasing
FEF, Construction Contracts Bidding and Awards
GBCA, Staff Conflict of Interest
GBL, Personnel Records
GCD, Professional Staff Recruiting and Hiring
GDC, Support Staff Recruiting and Hiring
JO, Student Records
Legal Refs: Mo. Const. art. VII, § 6
§§ 105.450 - .458, .461 - .462, .466 - .467, .472, .476 - .492, 162.261, .391, 168.126,
171.181, RSMo.
St. Charles School District, St. Charles, Missouri
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