Relatives’ employment an issue in Kaneland race

Should somebody be a school trustee if their spouse or children work for the school district? Can they really put personal feelings and interests aside when voting on matters that will affect that person?

The issue has come up in the Kaneland school board race, where, depending on who is elected, there’s a possibility a majority of the new board will have relatives who work for the district.

That worries candidate Teresa Witt, an incumbent appointed to the board in the fall. Opponents Pedro Rivas and Gale Pavlak have relatives who work for Kaneland.

“As the board enters into contract talks with teachers in 2012, it would be detrimental to have a majority of the board of education having a personal stake in the outcome of the negotiations,” Witt wrote in a Daily Herald election questionnaire.

Pavlak has worked for the district as a substitute teacher, her husband drives a bus, and her son is a teacher and sports coach at Kaneland High School.

She said at a forum Thursday she will not substitute teach if elected. She does not see a problem with her relatives’ employment, saying she faced that situation before.

“In the job in which I was on the negotiating committee (representing an employer), I also had a brother-in-law in the union and some very, very dear friends. They knew and I knew that there was not a conflict of interest. ... I knew where those lines were. I knew how to deal with the issues,” Pavlak said.

Rivas’ wife works as a paraprofessional at an elementary school. Trustee Ken Carter’s wife is a paraprofessional at Kaneland High School, and also coach of its pompom team. Trustee Elmer Gramley’s wife, Janet, is a teacher at John Stewart Elementary School. Carter and Gramley are not up for election.

Gramley said that when he first ran for the board in 2005, he and his wife talked about the potential for conflict. They agreed not to talk about certain school business, such as contract negotiations or problems she has at work.

Gramley voted in favor of a teachers contract in 2008 that gave overall raises. Support staff workers are not unionized.

Rivas said he will recuse himself on votes that directly affect his wife — and may even do so on matters that involve people he knows, such as student disciplinary matters, even if they aren’t related to him.

According to the Illinois Council of School Lawyers, having a relative working for the district does not violate Illinois’ Public Officer Prohibited Activities Act. In 1977, the 4th District Illinois Appellate Court ruled so, in a case that involved the POPA’s predecessor, the Corrupt Practices Act.

Guidelines published by the council state, however, that a “violation may occur if the board member actively promotes the financial interests of his or her spouse” and suggests a trustee seek legal advice before voting on anything directly related to his or her spouse, such as a motion to hire, promote, transfer or discipline the spouse.

Kaneland does not have a nepotism policy that would prohibit hiring trustees’ relatives. Trustees promise, however, to abide by its Code of Conduct, which states, “I will avoid any conflict of interest or the appearance of impropriety which could result from my position, and will not use my board membership for gain or publicity.”

Candidate Joe Oberweis applauded Rivas’ willingness to recuse himself, and said that the board has to be concerned about the public’s perception that there may be a conflict or nepotism. And he is not sure somebody really can set aside personal feelings or interest.

“I think it is human nature ... to truly turn that (concern) off and give it zero consideration whatsoever,” he said.

Incumbent Deborah Grant, Patrick Denlinger and Tony Valente are also candidates, and have no relatives working in the district.