For the purposes of this policy, the following definitions shall be used:
A. “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for the School Department. (This does not include part-time and/or seasonal employees of Community Services who do not report directly to the Director of Community Services.)
B. “Administrators and Supervisors” includes the Special Education Director, Athletic Administrator, Director of Community Services, and School Principals, Assistant Principals, Business Manager, Facilities Manager, Professional Development and Curriculum Facilitator, Technology Coordinator, Custodial Supervisor and Food Service Supervisor.
C. “Immediate Family” includes spouse, brother, sister, parent, son, daughter, or domestic partner.
D. “Extended Family” includes grandparent, grandchild, uncle, aunt, niece, nephew or in-law.
1. Board Members
Immediate and extended family members of Board members shall not be employed by the School Department, subject to the following exemptions:
a. Immediate and extended family members, except spouses, who are employed as of the date of policy adoption, for as long as they remain continuously employed.
b. Employees who are employed on the date that an immediate or extended family member of theirs is elected to the Board.
c. Board members are expected to recuse themselves from participating in any personnel action involving an immediate or extended family member employed by the School Department.
Immediate and extended family members of the Superintendent shall not be employed by the School Department, subject to the following exemptions:
a. Employees who are employed on the date that an immediate or extended family member of theirs is elected to the Superintendency.
b. If a member of the Superintendent’s immediate or extended family is employed under paragraph (a), appropriate measures shall be taken by the Board to avoid a conflict.
3. Administrators and Supervisors
No person shall be employed in a position within the jurisdiction of an administrator or supervisor who is a member of that person’s immediate or extended family. Nor shall any person be employed in a position in which a member of the immediate or extended family of that person is responsible, in whole or in part, for his/her supervision or evaluation. This provision is subject to the following exemption:
a. Employees who are employed as of the date of policy adoption, for so long as they remain continuously employed. In such cases, appropriate measures shall be taken to avoid a conflict.
4. All School Employees
The Board shall be notified if an employee has an immediate or extended family relationship with any other School Department employee or Board member before the Board takes any employment action affecting that employee.
5. Exceptions to Policy
The Board may approve an exception to this policy (except for the statutory prohibition against employment of Board members’ spouses) if there is a determination that it is in the best interest of the School Department and appropriate measures can be taken to avoid a conflict. It is the intent of the Board that this provision be narrowly construed and used only in rare circumstances.
Legal Reference: 20-A MRSA SECTION 1002
Updated: January 8, 2019