Policy: 1610
By-Laws of the Board
Conflicts of Interest for the Superintendent and Board Directors in First-Class Districts
No school board director or the superintendent may benefit, directly or indirectly, from any contract made by, through, or under the supervision of the board director or superintendent, except as provided below:
A. A board director or superintendent may enter into a contract with the district to offer goods or services (except legal services) if the board director or superintendent does not receive more than $3,000 in any calendar month under the contract. The district will maintain a list of all contracts covered under this paragraph, and the list will be available for public inspection and copying;
B. An individual board director may be designated as a clerk and/or purchasing agent.
C. The spouse, significant other, or close relative of a board director or superintendent may be employed as a substitute teacher on the same terms and at the same compensation as other substitute teachers in the district. For a board director’s or superintendent’s spouse, significant other, or close relative to be employed as a substitute teacher, the superintendent must find that the number of qualified substitute teachers in the district is insufficient to meet the district’s anticipated needs and the superintendent must ensure that substitute teachers are fairly and impartially assigned to available positions
D. If a board director’s or superintendent’s spouse, significant other, or close relative was employed by the district as a classified or certificated employee before the board director or superintendent took office, the spouse, significant other, or close relative’s employment contract can be renewed. The terms of the contract must be commensurate with the pay plan or collective bargaining agreement operating in the district for that position
E. A board director or superintendent may have a remote interest in a contract. The interest, though, must be disclosed prior to board action and must be recorded in the official minutes.
F. A board director may not vote on the authorization, approval, or ratification of a contract in which he or she is beneficially interested and to which one of the exemptions described above applies.
Before the board approves a contract in which a board director is beneficially interested, the board director must disclose his or her interest to the board, and the board director’s interest must be noted in the official minutes. Before the board approves the employment of a board director or a board director’s or a superintendent’s spouse, significant other, or close relative, the superintendent or designee will inform the board of other individuals who are qualified for and interested in the position(s) to be filled. The district will not discriminate in any way against any applicant for a position or employee based on a family relationship with a board director or superintendent. All employment decisions will be made by choosing the applicant that furthers the best interests of the school district.
Whenever a board director or his or her spouse, significant other, or close relative is employed by the district, the board director will refrain from participating in or attempting to influence any board action affecting the employment status of the board director or his or her spouse, significant other, or close relative. Actions affecting employment status include but are not limited to, hiring, establishing compensation and fringe benefits, setting working conditions, conducting performance evaluations, and considering or imposing discipline and termination.
The superintendent will maintain a log of any contract subject to this policy and will annually, or when a new board director assumes office, inform the board of the existence of those contracts.
Cross References: 6230 - Relations with Vendors
Legal References:
RCW 28A.405.250 Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect personnel file
RCW 28A.635.050 Certain corrupt practices of school officials — Penalty
RCW 42.23.030 Interest in contracts prohibited - Exception
RCW 42.23.040 Remote Interests
Revised 12/2023