Bill proposes ban on contract votes for school directors with family, loved ones in affected unions

Oct. 26—HARRISBURG — A Pennsylvania lawmaker introduced a bill that would prevent school board directors from voting on union contracts if they have a conflict of interest.

The ban proposed in House Bill 1794 from Rep. Brad Roae, R-Crawford/Erie, would apply to directors whose spouse, romantic partner or someone living in their home are members of the bargaining unit negotiating a contract with a school district.

Directors would "abstain from all votes" pertaining to the collective bargaining, the bill states.

"There are many instances where school board members can legally vote on union contracts that essentially bring more money into their own household and keep their out-of-pocket health insurance costs very low," Roae said. "My legislation stops this. As two-thirds of a typical school district budget encompasses salaries, health insurance, pension and Social Security costs, school property taxes are often increased to cover the cost of large pay raises and low employee out-of-pocket health care."

Mackenzie Christiana, senior manager of communications, Pennsylvania School Boards Association (PSBA), said the organization isn't yet prepared to comment on the bill proposal. However, she said, questions about potential conflicts of interest during collective bargaining aren't uncommon.

According to Christiana, the State Ethics Commission interprets the state Ethics Act to allow directors to engage in negotiations and cast votes in cases where members of their immediate family belong to the bargaining unit. That's allowable whenever the "activity affects a larger class or subclass in the same manner as the immediate family member," she said.

"However, the commission noted that specific actions during the bargaining process could create a situation where the school director would no longer be able to participate in negotiations," Christiana said.

She added that the commission hasn't ruled on whether provisions within the Public Employee Relations Act concerning conflicts of interest would apply in such cases.

"For these reasons, we recommend that any school director considering being part of the negotiation process where a family member is a part of the bargaining unit consult with their school district solicitor before participating in any negotiations," Christiana said.