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New Board Member Orientation June 2010 GSBA Code of Ethics.

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Presentation on theme: "New Board Member Orientation June 2010 GSBA Code of Ethics."— Presentation transcript:

1 New Board Member Orientation June 2010 GSBA Code of Ethics

2 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT Newly elected board member refuses to sign the local board’s code of ethics and conflict of interest policies. RESOLUTION How does the local board resolve the conflict? CONSEQUENCES?

3 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT A board member continually discusses executive session issues/items in public or shares information with local newspaper even after being cautioned by the board not to do it. RESOLUTION How should the local board deal with any member who discusses executive session items with the public, press or a specific interest group? CONSEQUENCES?

4 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT A local board member sues the local board and demands that they are also included in all executive sessions especially when legal issues are discussed. The board says……. What about attorney client privilege issues? RESOLUTION How should the local board deal with any member who sues the local board of education? CONSEQUENCES?

5 ETHICS--DEFINITION Ethics (also known as moral philosophy) is a branch of philosophy which seeks to address questions about morality; that is, about concepts like good and bad, right and wrong, justice, virtue, etc. en.wikipedia.org/wiki/Ethics en.wikipedia.org/wiki/Ethics "Ethics may be defined as the actions an individual takes on himself to ensure his continued survival across the dynamics. It is a personal thing. When one is ethical, it is something he does himself by his own choice." en.wikipedia.org/wiki/Ethics _(Scientology) en.wikipedia.org/wiki/Ethics _(Scientology)

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7 Since boards are to …adopt {WHAT} And superintendents are to…implement {HOW} Beliefs Vision Mission Goals Standards Advocacy Strategies Objectives Assessment Evaluation Accountability Advocacy School Board “Leadership Governance Structure” Teamwork TEAM WORK IS ESSENTIAL--- if improvement efforts are to foster excellence in the school systems while focusing on student achievement, academic standards, teacher quality, efficient business operations, curriculum development, and other important topics.

8 GSBA eLAW 3.13. What conflict of interest rules apply to local board members? 20-2-505 3.15. May the board adopt a code of ethics which is mandatory for all board members? 3.16. What authority does an individual have by virtue of being elected to a board of education?

9 GSBA eLAW 3.17. What information must be provided to an individual board member who requests information concerning the grades of a specific student or other information from a student’s records? (FERPA) 3.18. Is a board member entitled to see teacher evaluations? Ga. Code 20-2-210 3.10. What are the most significant duties and functions of the board of education? Ga. Code 20-2-211

10 MOST FREQUENT ETHICIAL ISSUES Lance L. Melton, Executive Director, Montana School boards Association Threats Against or Conduct Involving a Staff Member Access to Student Records Access to Employee Records Publicly Divulging Confidential Information Conflict of Interest for financial gain The Attorney Client Privilege

11 ETHICAL ISSUES; SUMMARY When he or she fails to adhere to the laws, regulations and binding operating procedures governing the conduct of the school board of which he or she is a member.

12 SENATE BILL 84 (20-2-72) The SBOE will have broader powers—including consequences for violations (a) The State Board of Education shall adopt a model code of ethics for members of local boards of education by October 1, 2010. Such model code of ethics shall also include appropriate consequences for violation of a provision or provisions of such code. The State Board of Education may periodically adopt revisions to such model code as it deems necessary. (b) Within three months of adoption by the State Board of Education of a model code of ethics pursuant to subsection (a) of this Code section, each local board of education shall adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local board of education shall incorporate into its code of ethics any revisions adopted by the State Board of Education to the model code of ethics pursuant to subsection (a) of this Code section within three months of adoption of such revisions.

13 SENATE BILL 84 (20-2-72) The SBOE will have broader powers—including consequences for violations Upon a motion supported by a two-thirds (2/3) vote, the board may choose to conduct a hearing concerning a possible violation of this Code of Ethics by a member of the board. The board member accused of violating this Code of Ethics will have thirty (30) days notice prior to a hearing on the matter. The accused board member may bring witnesses on his or her behalf to the hearing and the board may elect to call witnesses to inquire into the matter. If found by a vote of two-thirds of all the members of the board that the accused board member has violated this Code of Ethics, the board shall determine an appropriate sanction. A board member subject to sanction may, within thirty (30) days of such sanction vote, appeal such decision to the State Board of Education in accordance with the rules and regulations of the State Board of Education. A record of the decision of the board to sanction a board member for a violation of this Code of Ethics shall be placed in the permanent minutes of the board.

14 SENATE BILL 84 (20-2-63) The SBOE will have broader powers—including consequences for violations Same consequences apply to board member with CONFLICT OF INTEREST VOILATIONS, plus additional provisions Encourage all newly elected board members to read Senate Bill 84 (as passed); Capitol Watch Online (CWO) Probably will be incorporated into the SBOE model of Code of Ethics

15 GSBA Ethics Task Force GSBA Standards: Vision/Philosophy/Goals Reflect through my actions that my first and greatest concern must be the educational welfare of the students attending the schools in my school system Participate in planning activities leading to board/school district vision, mission, and goals Work with the board and superintendent to ensure prudent and accountable use of district resources Render all decisions based on the available facts and my independent judgment and refuse to surrender that judgment to individuals or special interest groups

16 GSBA Ethics Task Force GSBA Standards: Systematic Improvement Become informed about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by state and national school boards’ associations

17 GSBA Ethics Task Force GSBA Standards: Organizational Structure Acknowledge that authority rests with the Board in legal sessions and not with individual members of the board and act accordingly Support the delegation of authority for the administration of the school system to the superintendent and act accordingly Honor the chain of command and refer problems or complaints accordingly

18 GSBA Ethics Task Force GSBA Standards: Board Operations Policy Development Work with other board members to establish effective board policies Make decisions on policy matters only after full discussion at publicly held board meetings Periodically review and evaluate the effect of policies on school system programs and operations Board Meetings Attend all regularly scheduled and called meetings insofar as possible Be informed and prepared on issues to be considered at board meetings Follow the Open Meetings Act and honor confidentiality of executive sessions Honor the chain of command and refer problems or complaints accordingly

19 GSBA Ethics Task Force GSBA Standards: Board Operations Personnel Consider the employment of personnel only after the recommendation of the superintendent has been received Support the employment of those persons best qualified to serve as school staff and insist on a regular and impartial evaluation of all staff Comply with all state laws in the employment of family members Financial Relations Avoid being placed in a position of conflict of interest and refrain from using my position for personal or partisan gain Announce potential conflicts of interest before board action is taken Refrain from doing business with my school district except as provided under the provisions of Georgia law

20 GSBA Ethics Task Force GSBA Standards: Board/Staff/Community Relations Take no private action that will compromise the board or administration Respect the confidentiality of information that is privileged under applicable law Seek systematic communications between the board, students, staff, and all elements of the community Encourage full and open debate by all board members as a part of the decision-making process Communicate to other board members and the superintendent expressions of public reaction to board policies and school programs Abide by majority decisions of the board

21 MOST FREQUENT ETHICIAL ISSUES Lance L. Melton, Executive Director, Montana School boards Association Threats Against or Conduct Involving a Staff Member Access to Student Records Access to Employee Records Publicly Divulging Confidential Information Conflict of Interest for financial gain The Attorney Client Privilege

22 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT Newly elected board member refuses to sign the local board’s code of ethics and conflict of interest policies. RESOLUTION How does the local board resolve the conflict? CONSEQUENCES?

23 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT A board member continually discusses executive session issues/items in public or shares information with local newspaper even after being cautioned by the board not to do it. RESOLUTION How should the local board deal with any member who discusses executive session items with the public, press or a specific interest group? CONSEQUENCES?

24 CODE OF ETHICS CONFLICT, RESOLUTION,CONSEQUENCES CONFLICT A local board member sues the local board and demands that they are also included in all executive sessions especially when legal issues are discussed. The board says……. What about attorney client privilege issues? RESOLUTION How should the local board deal with any member who sues the local board of education? CONSEQUENCES? WHAT ABOUT LEGAL LIABILITY FOR BOARD AND BOARD MEMBERS?

25 ETHICAL BOARD MEMBER BEHAVIOR It is something that a board member does personally by his/her own choices. QUESTIONS—DISCUSSION ON ETHICS


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