restrictions public sch. districts - dr. kritsonis

8/20/2019 Restrictions Public Sch. Districts - Dr. Kritsonis

http://slidepdf.com/reader/full/restrictions-public-sch-districts-dr-kritsonis 1/14

Nepotism:Restrictions in Public

School Districts

William Allan Kritsonis, PhD.



What is Nepotism?

““the favoring of relatives or personal friends because of theirthe 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).”

““nepotis is the sho!ing of favoritis to relatives, basednepotis is the sho!ing of favoritis to relatives, based

upon that relationship, rather than on an ob"ective evaluationupon that relationship, rather than on an ob"ective evaluationof ability or suitability” (Wikipedia,2008).of ability or suitability” (Wikipedia,2008).



# $he$he nepotism laws in Texas are located inChapter 573 of the Government Code.

• These laws prohibit a public official from votingto appoint or to confirm the appointment of anindividual who is related to the public official by

blood or marriage within a prohibited degree.

Nepotism Statutes in Texas



# %chool board ebers are priarily restricted%chool board ebers are priarily restricted

under the statutes because they aintain finalunder the statutes because they aintain final

authority to hire&fire teachers, ' approve otherauthority to hire&fire teachers, ' approve othercontractual relationships.contractual relationships.

# $hese statutes have been created to prevent$hese statutes have been created to prevent

faily relationships fro iproperly influencingfaily relationships fro iproperly influencingpublic eployent relationships and decisionpublic eployent relationships and decision

aking.aking.

Nepotism Prohibitions in PublicSchool Districts in Texas



• These laws do not apply to schoolprincipals and under some cases the

superintendent because the authorityto hire and fire employees is vested inthe board of trustees.

• rincipals are not considered publicofficers for purposes of the nepotismstatutes.

Principals and Superintendents



Superintendent Prohibitions

• The !ducation Code currently stipulatesThe !ducation Code currently stipulatesthat the board can allocate final authoritythat the board can allocate final authority

to the superintendent "#alsh et al.$ %&&5'.to the superintendent "#alsh et al.$ %&&5'.

• (f the superintendent has final authority(f the superintendent has final authorityto hire teachers$ then the states nepotismto hire teachers$ then the states nepotismlaws do apply to the superintendent)slaws do apply to the superintendent)srelatives.relatives.



Nepotism: Emploees• The Texas nepotism laws are relevantThe Texas nepotism laws are relevantto positions compensated directly orto positions compensated directly orindirectly with public funds$indirectly with public funds$regardless of the source of thoseregardless of the source of thosefunds.funds.

• The nepotism laws are also relevant toThe nepotism laws are also relevant tothose employees paid with funds fromthose employees paid with funds froma federal grant.a federal grant.



Nepotism !a"s: Emploee Status

and #ontractors

• The nepotism prohibitions e*uallyThe nepotism prohibitions e*uallyrelates to full+time employees$ part+relates to full+time employees$ part+time employees$ and temporarytime employees$ and temporaryemployees.employees.

• The nepotism prohibitions also apply toThe nepotism prohibitions also apply tothe hiring of independent contractorsthe hiring of independent contractors""#alsh' et al.$ %&&5'.et al.$ %&&5'.



$oard %embers: Resi&nation to

Allo" Emploment• , school board member cannot, school board member cannot

circumvent the nepotism laws bycircumvent the nepotism laws by

abstaining and permitting the remainingabstaining and permitting the remainingtrustees to employ his or her relative.trustees to employ his or her relative.

•, board member can resign so that a, board member can resign so that arelative may be hired.relative may be hired.



Resi&nation to A'oid Nepotism• (n order to avoid state nepotism laws$ the(n order to avoid state nepotism laws$ theboard member must first resign.board member must first resign.

• The board members vacant seat must beThe board members vacant seat must bereplaced by appointment or special election.replaced by appointment or special election.

• -nce the seat is filled$ the new board-nce the seat is filled$ the new board

member must tae the oath of office andmember must tae the oath of office andthen the previous board member)s relativethen the previous board member)s relativemay be hired "#alsh et al.$ %&&5'.may be hired "#alsh et al.$ %&&5'.



Nepotism Exceptions

• The most (re)uentl used exception in accordance"ith nepotism statutes is the continuous emplomentexception*

• +nder this exception, the nepotism prohibition doesnot pertain to a district emploee "ho is emploedin the position immediatel prior to the election orappointment o( the board member to "hom theperson is related in a prohibited de&ree and that

pre'ious emploment is continuous (or at least sixmonths be(ore the board members election or -.das be(ore the board members appointment*



#onse)uences (or /iolatin&

Nepotism Statutes• (f a public official deliberately or consciously violatesthe nepotism prohibition$ the public official may beconvicted of a misdemeanor that conveys a possible fineof not less than /0&& or more than /0$&&&.

• , court convicting a public official of this offense hasto order the official)s immediate removal from publicoffice.

• #hen absent a criminal conviction$ a public official whodefies the nepotism laws may be removed from publicoffice in the method set by law "#alsh et al.$ %&&5'.



Ethical #ommitment• The school board members and district

administrators must have an ethical commitment towor for the benefit of all students.

• , school board member must tae ethical decisionsand behavior seriously.

• 1chool board members set a public example for allstudents when exemplifying ethical choices.

• 1chool board members must remove all personalissues from their agendas in order to addressstudent needs.

restrictions public sch. districts - dr. kritsonis

Documents