Bill Text: VA SB1491 | 2019 | Regular Session | Prefiled
Bill Title: Conflict of Interests Act, State and Local Government; school boards and school employees, etc.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-03-19 - Governor: Acts of Assembly Chapter text (CHAP0641) [SB1491 Detail]
Download: Virginia-2019-SB1491-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-3119 of the Code of Virginia is amended and reenacted as follows:
§2.2-3119. Additional provisions applicable to school boards and employees of school boards; exceptions.
A. Notwithstanding any other provision of this chapter, it
shall be unlawful for the school board of any county or city or of any town
constituting a separate school division to employ or pay any teacher or other
school board employee from the public funds, federal, state or local, or for a
division superintendent to recommend to the school board the employment of any
teacher or other employee, if the teacher or other employee is the father,
mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law,
sister-in-law or brother-in-law of the
superintendent, or of any member of the school board.
This section shall apply to any person employed by any school board in the operation of the public free school system, adult education programs or any other program maintained and operated by a local county, city or town school board.
B. This section shall not be construed to prohibit the employment, promotion, or transfer within a school division of any person within a relationship described in subsection A when such person:
1. Has been employed pursuant to a written contract with a
school board or employed as a substitute teacher or teacher's aide by a school
board prior to the taking of office of any member of such board or division superintendent of schools;
or
2. Has been employed pursuant to a written contract with a school board or employed as a substitute teacher or teacher's aide by a school board prior to the inception of such relationship; or
3. Was employed by a school board at any time prior to June
10, 1994, and had been employed at any time as a teacher or other employee of
any Virginia school board prior to the taking of office of any member of such
school board or division
superintendent of schools.
C. A person employed as a substitute teacher may not be employed
to any greater extent than he was employed by the school board in the last full
school year prior to the taking of office of such board member or division superintendent or
to the inception of such relationship. The exceptions in subdivisions B 1, B 2,
and B 3 shall apply only if the prior employment has been in the same school
divisions where the employee and the superintendent
or school board member now seek to serve simultaneously.
D. If any member of the school board
or any division superintendent knowingly violates these
provisions, he shall be personally liable to refund to the local treasury any
amounts paid in violation of this law, and the funds shall be recovered from
the individual by action or suit in the name of the Commonwealth on the petition
of the attorney for the Commonwealth. Recovered funds shall be paid into the
local treasury for the use of the public schools.
E. The provisions of this section shall not apply to employment by any school district of the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of any member of the school board, provided that (i) the member certifies that he had no involvement with the hiring decision and (ii) the superintendent certifies to the remaining members of the governing body in writing that the employment is based upon merit and fitness and the competitive rating of the qualifications of the individual and that no member of the board had any involvement with the hiring decision.