February 15, 2023 – West Bend, Wi – Dear Washington County Insider: I drafted West Bend School District’s (WBSD) Nepotism Policy while on the WBSD Board. I worked with the district HR director on this fair and effective policy after her review found that about 20% (likely more due to different last names) of all WBSD employees were related (i.e., family members of existing employees). The policy passed the Wisconsin Association of School Boards’ legal review.
This policy protects WBSD and taxpayers from serious regulatory compliance, legal, financial, reputational, employee turnover, and other liabilities. Given the public tax dollars involved, all WBSD stakeholders deserve hiring of the most qualified employees (“WHAT you know”), vs. hiring family members of existing employees (“WHO you know”). If the policy was enforced, that 20% has likely decreased (employee attrition).
Getting rid of our Nepotism Policy would be a big mistake, start us regressing towards that formerly-20% nepotism, and expose WBSD to serious liabilities. Let’s say the objectively best-qualified HS social studies teacher applies but is not hired by WBSD. Instead, a less qualified person applies and is hired because he has four relatives working in WBSD.
Suppose the passed-over candidate sues the WBSD for big money, citing unfair hiring practices – especially nepotism. Her attorney demands to know if WBSD ever did a nepotism study (yes), ever had a nepotism policy (yes, adopted 3/20/17), and why the WBSD got rid of it (no good reasons). WBSD loses the case, is ordered to pay huge financial damages plus court costs, attorney’s fees, etc., must reinstate its nepotism policy, enforce it, and provide evidence to the court of WBSD’s compliance for 10 years. If played out publicly, WBSD’s reputation is ruined, making recruiting/retention of quality teachers and staff very hard.
Many (if not all) WBSD policies include legal references (i.e., federal laws, state statutes) and cross-reference other WBSD policies for optimal effectiveness and are summarized in the employee handbook. All three pieces (laws, other policies, handbook) are necessary for the support/reinforcement of the key principles, and requirements contained in the policy, just like all three legs are needed for a well-balanced stool. Only as its own significant policy, and the importance and visibility that policies convey, can the Board efficiently monitor this policy (and others) in practice.
I question the timing of WBSD’s proposed removal of the Nepotism Policy right now, during a campaign determining the Board majority. Board candidate, Chad Tamez, already faces a huge conflict of interest since his wife, Marcia, is a full-time WBSD employee (Instructional Tech at Fair Park Elementary). If elected, Mr. Tamez would be a seriously compromised Board member immediately upon being sworn in since, in order to be conducting himself ethically, he would need to recuse himself from many of his board duties since so much of what the Board does (e.g., developing, adopting, and revising policies; determining compensation and benefits for teachers, instructional techs, other staff, and administrators; ultimately approving hires, promotions, employee discipline, transfers, resignations, and dismissals; and on and on) would be a direct and personal conflict of interest for him because his wife is a full-time WBSD employee.
The voters in our WBSD, as well as all district stakeholders, expect and deserve Board members who are able to fulfill all the duties that this office requires of them, not just a small percentage, so Mr. Tamez could not be a fully effective Board member. Policy or no policy, Mr. Tamez would still have a major ethical conflict of interest with respect to all duties mentioned above. If he did not recuse himself every time, ethical complaints against him would be filed until too many to ignore/dismiss.
Per Wis. Stats. sect. 120.12, school board duties include responsibility for general management and supervision of the school district. Also, ethical behavior and good leadership start at the top. Only seven people in the world – the seven WBSD Board members – cannot and should not have family members working in the very school district they are supervising as Board members. Is this overly harsh/restrictive? No. I have worked for many employers who require written permission for a second job. Also, I needed written permission to run for the WBSD Board twice. I have audited many organizations and their governance policies, and for all, one cannot be on the board if he/she has a family member working there.
For all the many solid reasons detailed above, the only responsible thing is to keep the current, necessary, ethical, liability-reducing, fair, balanced, tried-and-true Nepotism Policy in place. Mr. Tamez either needs to quit the race immediately, or if not, ensure his wife resigns by the time Mr. Tamez is sworn in if elected. Tamez likely knew about his conflict of interest before ever filing, so he most likely should not have run.
The WBSD Board votes on deleting its Nepotism Policy at its February 20th meeting. Please call and email all WBSD Board members today and ask them to keep our excellent WBSD Nepotism Policy as-is. Find their names, email addresses, and some phone numbers at https://west-bend.k12.wi.us/District/Department/59-WBSD-School-Board.
Sincerely signed,
Bart Williams
West Bend
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