restrictions in public school districts
DESCRIPTION
William Allan Kritsonis, PhD (Revised Summer, 2009) William H. Parker Leadership Academy Hall of Honor In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.” Educational Background Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. Doctor of Humane Letters In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana. Professional Experience Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities. Books – Articles – Lectures - Workshops Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad. In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California. In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002. In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels. In 2009, Dr. Kritsonis’ bTRANSCRIPT
Nepotism: Restrictions in Public
School Districts
William Allan Kritsonis, PhD
.
What is Nepotism?
““the favoring of relatives or personal friends because of their the favoring of relatives or personal friends because of their relationship rather than because of their abilities (Wiktionary, relationship rather than because of their abilities (Wiktionary, 2008).”2008).”
““nepotism is the showing of favoritism to relatives, based nepotism is the showing of favoritism to relatives, based upon that relationship, rather than on an objective evaluation upon that relationship, rather than on an objective evaluation of ability or suitability” (Wikipedia,2008). of ability or suitability” (Wikipedia,2008).
• TheThe nepotism laws in Texas are located in Chapter 573 of the Government Code.
• These laws prohibit a public official from voting to appoint or to confirm the appointment of an individual who is related to the public official by blood or marriage within a prohibited degree.
Nepotism Statutes in Texas
• School board members are primarily restricted School board members are primarily restricted under the statutes because they maintain final under the statutes because they maintain final authority to hire/fire teachers, & approve other authority to hire/fire teachers, & approve other contractual relationships.contractual relationships.
• These statutes have been created to prevent These statutes have been created to prevent family relationships from improperly influencing family relationships from improperly influencing public employment relationships and decision public employment relationships and decision making. making.
Nepotism Prohibitions in Public School Districts in
Texas
• These laws do not apply to school principals and under some cases the superintendent because the authority to hire and fire employees is vested in the board of trustees.
• Principals are not considered public officers for purposes of the nepotism statutes.
Principals and Superintendents
Superintendent Prohibitions
• The Education Code currently The Education Code currently stipulates that the board can allocate stipulates that the board can allocate final authority to the superintendent final authority to the superintendent (Walsh et al., 2005).(Walsh et al., 2005).
• If the superintendent has final If the superintendent has final authority to hire teachers, then the authority to hire teachers, then the states nepotism laws do apply to the states nepotism laws do apply to the superintendent’s relatives.superintendent’s relatives.
Nepotism: Employees• The Texas nepotism laws are The Texas nepotism laws are
relevant to positions compensated relevant to positions compensated directly or indirectly with public directly or indirectly with public funds, regardless of the source of funds, regardless of the source of those funds.those funds.
• The nepotism laws are also The nepotism laws are also relevant to those employees paid relevant to those employees paid with funds from a federal grant. with funds from a federal grant.
Nepotism Laws: Employee Status
and Contractors
• The nepotism prohibitions equally The nepotism prohibitions equally relates to full-time employees, part-relates to full-time employees, part-time employees, and temporary time employees, and temporary employees.employees.
• The nepotism prohibitions also apply The nepotism prohibitions also apply to the hiring of independent to the hiring of independent contractors (contractors (Walsh) et al., 2005). et al., 2005).
Board Members: Resignation to Allow Employment
• A school board member cannot A school board member cannot circumvent the nepotism laws by circumvent the nepotism laws by abstaining and permitting the abstaining and permitting the remaining trustees to employ his or remaining trustees to employ his or her relative.her relative.
• A board member can resign so that a A board member can resign so that a relative may be hired. relative may be hired.
Resignation to Avoid Nepotism
• In order to avoid state nepotism laws, the In order to avoid state nepotism laws, the board member must first resign.board member must first resign.
• The board members vacant seat must be The board members vacant seat must be replaced by appointment or special replaced by appointment or special election.election.
• Once the seat is filled, the new board Once the seat is filled, the new board member must take the oath of office and member must take the oath of office and then the previous board member’s relative then the previous board member’s relative may be hired (Walsh et al., 2005).may be hired (Walsh et al., 2005).
Nepotism Exceptions
• The most frequently used exception in accordance with nepotism statutes is the continuous employment exception.
• Under this exception, the nepotism prohibition does not pertain to a district employee who is employed in the position immediately prior to the election or appointment of the board member to whom the person is related in a prohibited degree and that previous employment is continuous for at least six months before the board member’s election or 30 days before the board member’s appointment.
Consequences for Violating Nepotism Statutes
• If a public official deliberately or consciously violates the nepotism prohibition, the public official may be convicted of a misdemeanor that conveys a possible fine of not less than $100 or more than $1,000.
• A court convicting a public official of this offense has to order the official’s immediate removal from public office.
• When absent a criminal conviction, a public official who defies the nepotism laws may be removed from public office in the method set by law (Walsh et al., 2005).
Ethical Commitment• The school board members and district
administrators must have an ethical commitment to work for the benefit of all students.
• A school board member must take ethical decisions and behavior seriously.
• School board members set a public example for all students when exemplifying ethical choices.
• School board members must remove all personal issues from their agendas in order to address student needs.
Public Trust
• A district should examine any possible perception of nepotism even when the appointment does not violate nepotism statutes or district guidelines.
• All employee contracts, vendor contracts, and administrative promotions should be continuously scrutinized to maintain public trust.
• District policy and active oversight should go beyond state statutes in the best effort to maintain public trust.