Policy 4331 – Conflicts of Interest (Nepotism)

In order to ensure sound management policies and procedures and in order to avoid actual or potential conflicts of interest, no close relative of any employee of the district or a member of the board of education shall be appointed to and/or assigned to a position having a conflicting interest with a position held by a close relative.

Conflicting interest is defined as having a direct responsibility involving power to recommend appointment, dismissal, promotion and demotion or for supervision and evaluation of close relatives. For purposes of this policy, close relatives shall be defined as spouse, parent, mother-in-law, father-in-law, son, daughter, sister, brother, brother-in-law, sister-in-law, daughter-in-law or son-in-law.

Positions of conflicting interest are defined as follows:

  1. Any administrative or supervisory position having immediate or partial supervisory responsibilities on other than an occasional basis. (For purposes of applying this section of the policy, the quasi-supervisory positions of the following sections shall not be viewed as immediate supervisory positions.)
  2. Any teaching position having quasi-supervisory responsibilities such as a teacher consultant or department chairperson, or any teaching position having an educational assistant position.
  3.  Any secretarial position having supervisory responsibility within a given school or department.
  4. Any building service employee having supervisory responsibilities such as head custodian, assistant head custodian, foreman or head cook.
  5. Any Recreation Department position having supervisory responsibility within any program.

In addition to any statutory requirements regarding conflicts of interests of board members, no board member shall participate in a decision regarding the employment or discipline of a close relative.

Nothing in this policy shall be construed as discouraging the appointment of relatives for positions not designated by this policy as being in conflict. Except as restricted by this policy, each recommendation for appointment shall be based upon the best qualified applicant for the position to be filled. Nothing in this policy shall be construed to limit the opportunity for promotion of any person employed by the district.

LEGAL REF.:

  • Wisconsin Statutes
    • Sections 111.31 (Fair employment standards — employee nondiscrimination)
    • 111.345 (Marital status discrimination exceptions)

CROSS REF.:

  • 2210 Recruiting and Hiring – Superintendent
  • 2211 Recruiting and Hiring – Administrative, Supervisory and Technical Personnel
  • 4110 Equal Opportunity Employment and Affirmative Action
  • 4224 Employee Code of Ethics
  • 4330 Staff Selection and Hiring Process
  • Employee Handbook

ADMINISTRATIVE REGULATIONS: None

AFFIRMED: April 22, 1991

REVISED: June 27, 2000
September 23, 2014
October 28, 2014
March 28, 2017

Rule 4331 – Guidelines for Implementation of Conflicts of Interest Policy

  1. Each person seeking employment in the district shall state on the application any relationship to persons employed in the district. If, after appointment of an applicant it is found that information of relationship was withheld or falsely given, the applicant will be subject to immediate dismissal.
  2. Any cases of potential conflict of interest existing prior to the adoption of this conflict of interest policy, or resulting from subsequent marriage shall be reviewed by the superintendent of schools who will make an effort to eliminate conflicting positions through reassignment and transfer.