This document has been formatted for printing from your browser from the Web site of the Illinois Association of School Boards.
COPYRIGHT NOTICE -- This document is © copyrighted by the Illinois Association of School Boards. IASB hereby grants to school districts and other Internet users the right to download, print and reproduce this document provided that (a) the Illinois Association of School Boards is noted as publisher and copyright holder of the document and (b) any reproductions of this document are disseminated without charge and not used for any commercial purpose.
Illinois School Board Journal - ARCHIVES
March-April, 2003
ASK THE STAFF:
District Employment could create problems
This issue's question is answered by IASB general counsel Melinda Selbee. You may reach her at mselbee@iasb.com.
Question: I would like to know if it is legal for someone to be concurrently a member of a school board and employed at that same school district. Is there a law or policy covering this situation?
Answer: Two laws address your question - the School Code and the Corrupt Practices Act. The School Code prohibits a school board member from having an interest in a contract with the district he or she serves. Employment is a contractual relationship. Certain exceptions to the rule do exist. For example, the contract amount does not exceed $1,000 or the contract does not exceed $5,000 when the services are otherwise not available in the district. (See 105 ILCS 5/10-9.)
The other law, the Corrupt Practices Act, states in pertinent part: "No person holding any office, either by election or appointment under the laws or Constitution of this State, may be in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust, or corporation, in any contract or the performance of any work in the making or letting of which such officer may be called upon to act or vote."
An exception to the Corrupt Practice Act would allow a board member to provide services if:
"A. The award of the contract is approved by a majority vote of the governing body of the municipality provided that any such interested member shall abstain from voting; and
"B. The amount of the contract does not exceed $2,000; and
"C. The award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation or cooperative association in the same fiscal year to exceed $4,000; and
"D. Such interested member publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
"E. Such interested member abstains from voting on the award of the contract, though he shall be considered present for the purposes of establishing a quorum."
Violation of the Corrupt Practices Act is a Class 4 Felony. Due to the severity of this penalty, as well as in the interest of avoiding the appearance of impropriety, I believe it advisable for school board members to abstain from working for the district in which they serve.
This response is for informational purposes only. For a legal opinion, please contact your attorney.