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Wednesday, March 30, 2016

Student Member of Board of Ed EXEMPT from Ethics Requirements of Adults

Under the Montgomery County Board of Education Ethics Policy, the student member of the Board of Education is exempt from financial disclosures, including whether or not they receive gifts. 

Here is the section of POLICY BBB that student members of the Board of Education are exempt from following.  A full copy of Policy BBB ETHICS is below this text.
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FINANCIAL DISCLOSURE FORMS – BOARD MEMBERS AND CANDIDATES
1.This section shall apply to all Board members and candidates for the Board,
except for the Student Member of the Board.
2. Deadline for filing
a)
Board members shall file financial disclosure statements on or before
April 30 of each year for the preceding calendar year with the Panel on a
form approved by the Panel, under oath or affirmation.
b) Candidates to be members of the Board
(1)Except for an official who has filed a financial disclosure statement
under another provision of this section for the reporting period, a
candidate to be a member of the Board shall file a financial disclosure statement each year beginning with the year in which the certificate of candidacy is filed through the year of the election.
(2)A candidate to be a member of the Board shall file a statement
required under this section:
(a)In the year the certificate of candidacy is filed, no later than
the filing of the certificate of candidacy. This statement may be filed with the Board of Election Supervisors with the certificate of candidacy or with the Panel prior to filing the certificate of candidacy.
(b)
In the year of the election, on or before the earlier of April 30 or the last day for the withdrawal of candidacy, this statement shall be filed with the Panel; and
(c)
In all other years for which a statement is required, this statement shall be filed on or before April 30 with Panel.
(3)
Failure to file a statement
(a)
If a candidate fails to file a statement required by this section after written notice is provided by the Board of Election Supervisors at least 20 days before the last day for the withdrawal of candidacy, the candidate is deemed to
have withdrawn the candidacy.
(b)
The Board of Election Supervisors may not accept any certificate of candidacy unless a statement required under section G. has been filed in proper form.
(4)
Within 30 days of the receipt of a statement required under this
section, the Board of Election Supervisors shall forward the
statement to the Panel, or the office designated by the Panel or
Board.
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c)
Appointment to Position
An official who is appointed to fill a vacancy on the Board and who has
not already filed a financial disclosure statement shall file a statement for
the preceding calendar year within 30 days after appointment.
d)
Resignation of Position
An individual who, other than by reason of death, leaves the Board of
Education shall file a statement within 60 days after leaving the office.
The statement shall cover the calendar year immediately preceding the
year in which the individual left office, unless a statement covering that
year has already been filed by the individual, as well as the portion of the
current calendar year during which the individual held office.
2.
Contents of Financial Disclosure Form for Board Members and Candidates
Board members and candidates must complete a financial disclosure form
approved by the Panel, under oath or affirmation disclosing the following
interests:
a)
Interests in real property
A statement filed under this section shall include a schedule of all interests
in real property wherever located. For each interest in real property, the
schedule shall include:
(1)
The nature of the property and the location by street address,
mailing address, or legal description of the property;
(2)
The nature and extent of the interest held, including any conditions
and encumbrances on the interest;
(3)
The date when, the manner in which, and the identity of the person
from whom the interest was acquired;
(4)
The nature and amount of the consideration given in exchange for
the interest or, if acquired other than by purchase, the fair market
value of the interest at the time acquired;
(5)
If any interest was transferred, in whole or in part, at any time
during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for the interest, and the identity of the person to whom the interest was
transferred; and
(6)
The identity of any other person with an interest in the property.
b) Interests in corporations and partnerships
A statement filed under this section shall include a schedule of all interests
in any corporation, partnership, limited liability partnership, or limited
liability corporation, regardless of whether the corporation or partnership
does business with the school system or Board. For each interest reported
under this paragraph, the schedule shall include:
(1)
The name and address of the principal office of the corporation,
partnership, limited liability partnership, or limited liability
corporation;
(2)
The nature and amount of the interest held, including any
conditions and encumbrances on the interest;
(3)
With respect to any interest transferred, in whole or in part, at
any time during the reporting period, a description of the interest
transferred, the nature and amountof the considera
tion received forthe interest, and if known, the identity of the person to whom theinterest was transferred; and
(4)
With respect to any interest acquired during the reporting period:
(a)
The date when, the manner in which, and the identity of the
person from whom the interest was acquired; and
(b)
The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired.
(c)
An individual may satisfy the requirement to report the amount of the interest held under item 2.b)(2) of this paragraph by reporting, instead of a dollar amount:
i)
For an equity interest in a corporation, the number of shares held and, unless the corporation’s, stock is publicly traded, the percentage of equity interest
held; or
ii)
For an equity interest in a partnership, the
percentage of equity interest held.
c)
Interests in business entities doing business with the school system or
Board
A statement filed under this section shall include a schedule of all interests
in any business entity that does business with the school system or Board,
other than interests reported under paragraph b) of this subsection. For
each interest reported under this paragraph, the schedule shall include:
(1)
The name and address of the principal office of the business entity;
(a)
The nature and amount of the interest held, including any conditions to and encumbrances on the interest;
(b)
With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the
interest transferred, the nature and amount of the consideration received in exchange for the interest, and, if known, the identity of the person to whom the interest was transferred; and
(c)
With respect to any interest acquired during the reporting period:
i)
The date when, the manner in which, and the identity of the person from
whom the interest was acquired; and
ii)
The nature and the amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the
interest at the time acquired.
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d) Gifts
A statement filed under this section shall include a schedule of each gift in
excess of $20 in value, or a series of gifts totaling $100 or more, received
during the calendar year from or on behalf of, directly or indirectly, any one person who does business with the school system or Board. For each gift reported the schedule shall include:
(1)
A description of the nature and value of the gift; and
(2)
The identity of the person from whom, or on behalf of whom,directly or indirectly, the gift was received.
e)
Employment with or interests in entities doing business with the school
system or Board
A statement filed under this section shall include a schedule of all offices,
directorships, and salaried employment by the individual or member of the immediate family of the individual held at any time during the reporting period with entities doing business with the school system or Board. For each position reported under this paragraph, the schedule shall include:
(1)
The name and address of the principal office of the business entity;
(2)
The title and nature of the office, directorship, or salaried employment held and the date it commenced; and
(3)
The name of each school system or Board unit with which the
entity is involved as indicated by identifying one or more of the
three categories of “doing business,” as specified in the Definitions
section of this policy.
f)
Indebtedness to entities doing business with the school system or Board
A statement filed under this section shall include a schedule of all
liabilities, excluding retail credit accounts, to persons doing business with
the school system or Board owed at any time during the reporting period
by the individual or a member of the immediate family of the individual if
the individual was involved in the transaction giving rise to the liability.
For each liability reported under this paragraph, the schedule shall include:
(1)
The identity of the person to whom the liability was owed and the
date the liability was incurred;
(2)
The amount of the liability owed as of the end of the reporting
period;
(3) 
The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and
(4)
The security given, if any, for the liability.
g)
Employment with the school system or Board
A statement filed under this section shall include a schedule of the
immediate family members of the Board member or candidate employed
by the school system or Board in any capacity at any time during the
reporting period.
h)
Sources of earned income
(a)
A statement filed under this section shall include a schedule of the
name and address of each place of employment and of each
business entity of which the individual or a member of the
individual’s immediate family was a sole or partial owner and
from which the individual or member of the individual’s
immediate family received earned income at any time during the
reporting period.
(b)
A minor child’s employment or business ownership need not be
disclosed if the Board or school system does not regulate, exercise
authority over, or contract with the place of employment or
business entity of the minor child.
i)
A statement filed under this section may also include a schedule of
additional interests or information that the individual making the statement
wishes to disclose. 

1 comment:

  1. It reads like Chaucer's Canterbury Tales.

    ReplyDelete

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