My school district is on the verge of adopting a new policy manual and I'm wondering if this is typical policy.... ( I apologize Ted for the large amount of text but there wasn't a link to it and I really want to make sure I understand what I am reading...

"Staff members, parents, and community members should submit questions or communications for the Board of Education’s consideration to the Superintendent. The Superintendent shall provide the Board with a summary of these questions or communications and provide, as appropriate, his or her feedback regarding the matter. If contacted individually, Board members will refer the person to the appropriate level of authority, except in unusual situations. Board members’ questions or communications to staff or about programs will be channeled through the Superintendent’s office. Board members will not take private action that might compromise the Board or District. There is no expectation of privacy for any communication sent to the Board or its members individually, whether sent by letter, email, or other means."

This sounds like no one can talk with board members about any questions or concerns they have with how things are going in the district....

Also, the "gift" policy....which i will paste in below, does this mean if a family gives me a bouquet of flowers after their child graduates or gets into college (to thank me for supporting their child) that I can't accept that?

Here is the policy:Except as permitted by this policy, no Board member or employee, and no spouse of or immediate family member living with any Board member or employee shall intentionally solicit or accept any “gift” from any “prohibited source,” as those terms are defined herein, or that is otherwise prohibited by law or policy. No prohibited source shall intentionally offer or make a gift that violates this policy.
Limitations on Receiving Gifts
The following are exceptions to the ban on accepting gifts from a prohibited source:
1. Opportunities, benefits, and services that are available on the same conditions as for the general public.
2. Anything for which the Board member or employee, or his or her spouse or immediate family member, pays the fair market value.
3. Any: (a) contribution that is lawfully made under the Election Code, or (b) activities associated with a fund-raising event in support of a political organization or candidate.
4. Educational materials and missions.
5. Travel expenses for a meeting to discuss business.
6. A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiancé or fiancée.
7. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other Board members or employees, or their spouses or immediate family members.
8. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are: (a) consumed on the premises from which they were purchased or prepared; or (b) catered. “Catered” means food or refreshments that are purchased ready to consume which are delivered by any means.
9. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of a Board member or employee), if the benefits have not been offered or enhanced because of the official position or employment of the Board member or employee, and are customarily provided to others in similar circumstances.
10. Intra-governmental and inter-governmental gifts. “Intra-governmental gift” means any gift given to a Board member or employee from another Board member or employee, and “inter-governmental gift” means any gift given to a Board member or employee by an officer or employee of another governmental entity.
11. Bequests, inheritances, and other transfers at death.
12. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
Each ofthe listed exceptions is mutually exclusive and independent of every other.
A Board member or employee, his or her spouse or an immediate family member living with the Board member or employee, does not violate this policy if the recipient promptly takes reasonable actions to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code.
Enforcement
The Board President and Superintendent shall seek guidance from the Board attorney concerning compliance with and enforcement of this policy and State ethics laws. The Board may, as necessary or prudent, appoint an Ethics Advisor for this task.
Written complaints alleging a violation of this policy shall be filed with the Superintendent or Board President. If the Superintendent is the subject of the complaint, the School Board President shallperform this duty. If attempts to correct any misunderstanding or problem do not resolve the matter,
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the Superintendent or Board President shall, after consulting with the Board attorney, either place the alleged violation on a Board meeting agenda for the Board’s disposition or refer the complainant to the Uniform Grievance Procedure. A Board member who is related, either by blood or by marriage, up to the degree of first cousin, to the person who is the subject of the complaint, shall not participate in any decision making capacity on the ethics act complaint for the Board. If the Board finds it more likely than not that the allegations in a complaint are true, it shall notify the State’s Attorney.

Amy- I'm going to have to bill you just for reading all that.

Hi Amy:

It looks like this policy mirrors the language used in the Illinois Gift Ban Act. The Act was big news in 2003 when it was enacted but I haven't heard much about it in a while. Although the Act generally applies to state officials and employees, it required local governments to adopt an ordinance or resolution that is at least as strict as the state law. If I recall correctly, "gift" and "prohibited source" are defined in the statue. My guess is that your district has had this policy in place since the enactment of the state law.

That's pretty standard verbiage - in fact, more generous than the gift policy at my firm.

"Anything for which the Board member or employee, or his or her spouse or immediate family member, pays the fair market value."

Want a courtside seat to you're favorite team in the playoffs, best seat at the concert? Just reimburse your "benefactor" for the retail value of the ticket and you're there -even though it's a small fraction of what could be the scalp market value a shortly before the event- these types of ethics policies always include such loopholes.

Plus decades ago when I worked for gov it was considered a good idea to go out to lunch with prospective vendors- gee sort of how I do that now in the private world with prospective employees or vendors we may want to retain. Relaxed face to face can work far better than reading business development literature or those wonderful power point presentations.

Yes, I realize it is a lot of text and I'm really, really sorry....I'm not a lawyer I think I get the gist of it. But, I want to make sure.

Anyway, yes, it is a mimic of the Illinois Gift Ban Act. But honestly, I don't think anyone pays attention to it...many families give token/nominal gifts to teachers at the holidays and/or end of they year. Are educators really supposed to turn away a $5 Starbucks card, a bouquet of flowers, or a box of chocolates? That seems so strange. I mean I'm fine with a nice note instead but the little gifts are awfully sweet and thoughtful. I've had my kids give gifts to their teachers to say thanks....

And no one has commented on the first item that prohibits basically anyone within the district from talking with school board members about...well, anything. REALLY? Is that typical? How are board members ever supposed to hear things "from the ground" versus through the superintendent's filter?

The first line of that policy is interesting, considering anyone can show up at a board meeting and speak during the public participation portion and the board will hear them directly.

DTM, it sounds to me like that's now going to be governed by previously accepted written word only now??

As for the gifts thing, I'm not certain how to interpret that, Amy. My kids give their teachers gifts every Christmas, if not the end of the year as well. Small items that (as you mentioned) don't often exceed $5. This is very odd.