HB2026 - 542R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 1, article 8, Arizona Revised Statutes, is amended by adding section 15-189.07, to read:

START_STATUTE15-189.07. Charter school governing body members; voting eligibility; immediate family members; definition

A. A member of a charter school governing body may not vote on either of the following:

1. A specific item that concerns the appointment, employment or remuneration of the member or any person related to the member who is a spouse or a dependent as defined in section 43‑1001.

2. The employment of a person who is a member of the charter school governing body or who is the immediate family member of a member of the charter school governing body and whose membership on the charter school governing body and employment are prohibited by subsection B of this section.

B. An employee of a charter school, including a person who directly provides certified or classified services to the charter school as an employee of a third‑party contractor, or the immediate family member of such an employee may not hold membership on the governing body of a charter school by which the employee is employed.

C. For the purposes of this section, "immediate family" has the same meaning prescribed in section 15‑421. END_STATUTE

Sec. 2. Section 15-323, Arizona Revised Statutes, is amended to read:

START_STATUTE15-323. Governing board member; voting eligibility; purchases from board member

A. Notwithstanding any other provision of law, a governing board member is eligible to vote on any budgetary, personnel or other question which that comes before the board, except:

1. It shall be is unlawful for a member to vote on a specific item which that concerns the appointment, employment or remuneration of such the member or any person related to such the member who is a spouse or a dependent as defined in section 43‑1001.

2. No A member may not vote on the employment of a person who is a member of the governing board or who is the spouse immediate family member of a member of the governing board and whose membership on the board and employment are prohibited by section 15‑421, subsection D. For the purposes of this paragraph, "immediate family" has the same meaning prescribed in section 15‑421.

B. The governing board may make purchases from a board member if the transaction does not exceed three hundred dollars $300, the total purchases from any board member by the board within any twelve month twelve‑month period do not exceed one thousand dollars $1,000 and the board has by majority vote adopted within the preceding twelve month twelve‑month period a policy authorizing such the purchases.

C. Notwithstanding subsection B of this section, the governing board of a school district having a student count of fewer than three thousand may make purchases from a board member in any amount as provided in this subsection and section 15‑213. The governing board must approve each purchase from a board member, and the amount of the purchase or contract for purchase shall be included in the minutes of the meeting at which the governing board approves the purchase. END_STATUTE

Sec. 3. Section 15-421, Arizona Revised Statutes, is amended to read:

START_STATUTE15-421. Governing board; members; qualifications; statement; definitions

A. The governing body of a school district shall be a governing board. There shall be three governing board members, except as otherwise provided by this section and section 15‑425, subsection A.

B. The governing body of a high school district shall be a governing board composed of:

1. In a single district, the governing board members of the common school district.

2. In a union high school district, five members.

C. A person who is a registered voter of this state and has been a resident of the school district for at least one year immediately preceding the day of election is eligible for election to the office of governing board member.

D. No An employee of a school district, including a person who directly provides certified or classified services to the school district as an employee of a third‑party contractor, or the spouse immediate family member of such an employee may not hold membership on a the governing board of a school district by which the employee is employed.

E. A member of one governing board is ineligible to be a candidate for nomination or election to or serve simultaneously as a member of any other governing board, except that a member of a governing board may be a candidate for nomination or election for any other governing board if the member is serving in the last year of a term of office. A member of a governing board shall resign the member's seat on the governing board before becoming a candidate for nomination or election to the governing board of any other school district, unless the member of the governing board is serving in the last year of a term of office. This section does not prohibit a member of a governing board or a candidate for nomination or election to a governing board from serving on any national board.

F. Notwithstanding section 15‑511, each county school superintendent shall publish on the superintendent's website the statement of each certified candidate for membership on a school district governing board located in the county. The county school superintendent shall list each school district on the superintendent's website from which a link shall be established to the candidate's name, which shall link to the candidate's statement and photograph. The candidate shall submit the statement to the person at the county school superintendent's office assigned to manage candidate statements, after notice of certification from the county school superintendent's office but not later than twenty‑one days before the date that general election early ballots are allowed to be mailed. The person shall post each candidate's statement on the county school superintendent's website not later than fourteen days before the date that general election early ballots are allowed to be mailed. If a candidate does not submit a statement, the county school superintendent's website shall state "no response submitted" for the candidate. The candidate statements shall be posted on the website alphabetically by each school district and by candidate. The candidate statement shall be typewritten or electronically submitted. The county school superintendent shall post the statements verbatim as they are received unless a candidate requests in writing that typographical errors be corrected. The candidate statement shall contain the following items in the same size and format for each candidate:

1. A recent photograph of the candidate.

2. A statement not to exceed five hundred words.

3. A disclosure of any relationships by affinity, by consanguinity or by law to the third degree that exist between the candidate and any current governing board members or other candidates for election to the same governing board.

G. Persons related as immediate family who have the same household of residence within four years prior shall not serve simultaneously on the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall serve simultaneously on the governing board of the same school district if the governing board is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

H. A person related as immediate family who has the same household of residence within four years prior to a member of the governing board of the same school district is ineligible to be a candidate for nomination or election to that governing board if the governing board is composed of five members, except that a person related as immediate family who has the same household of residence within four years prior to a member of a governing board may be a candidate for nomination or election to the governing board of the same school district if the member is serving in the last year of a term of office. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be eligible to be a candidate for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

I. Persons related as immediate family who have the same household of residence within four years prior are ineligible to be simultaneous candidates for nomination or election to the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be simultaneous candidates for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

J. For the purposes of this section:

1. "Household of residence" means the place of abode during applicable time periods or the residence address used by an individual for voter registration or property tax purposes.

2. "Immediate family" means individuals who are married to each other and any children of those individuals. END_STATUTE

Sec. 4. Section 38-503, Arizona Revised Statutes, is amended to read:

START_STATUTE38-503. Conflict of interest; exemptions; employment prohibition

A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records of such that public agency and shall refrain from voting upon on or otherwise participating in any manner as an officer or employee in such that contract, sale or purchase.

B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such that interest in the official records of such that public agency and shall refrain from participating in any manner as an officer or employee in such that decision.

C. Notwithstanding the provisions of subsections A and B of this section, no a public officer or employee of a public agency shall not supply to such that public agency any equipment, material, supplies or services, unless pursuant to an award or contract let after public competitive bidding, except that:

1. A school district governing board may purchase, as provided in sections 15‑213 and 15‑323, supplies, materials and equipment from a school board member.

2. Political subdivisions other than school districts may purchase through their governing bodies, without using public competitive bidding procedures, supplies, materials and equipment not exceeding three hundred dollars $300 in cost in any single transaction, not to exceed a total of one thousand dollars $1,000 annually, from a member of the governing body if the policy for such purchases is approved annually.

D. Notwithstanding subsections A and B of this section and except as provided in sections 15-189.07, 15‑421 and 15‑1441: ,

1. The governing board of a school district or the governing body of a charter school may not employ a person who is a member of the governing board or governing body or who is the immediate family as defined in section 15‑421 of a member of the governing board or governing body.

2. The governing board of a school district or a community college district may not employ a person who is a member of the governing board or who is the spouse of a member of the governing board. END_STATUTE

Sec. 5. Retention of members

Notwithstanding section 15-189.07, Arizona Revised Statutes, as added by this act, and section 15‑421, Arizona Revised Statutes, as amended by this act, all persons serving as members of a school district governing board or a charter school governing body on the effective date of this act may continue to serve until the expiration of their normal terms.