Attorney warns board that approving stipends could create conflict; policy adoption may await legislative fix

During policy discussion and first readings, an attorney who joined the meeting remotely advised the board that adopting a policy that allows stipends is legally different from approving stipends to be paid immediately. The attorney said a house bill had authorized school board stipends of up to $500 per month, but the Oregon Ethics Commission has taken the position that voting to approve stipends creates a conflict of interest for current board members.

"This is just a policy. So you can approve this policy, and it won't necessarily implement any stipends being paid out to the board at this point in time," the attorney said. He outlined common approaches boards have taken elsewhere: refer the question to voters; adopt a stipend only for future board members; or wait for the legislature to clarify the ethics issue.

Board members discussed the origin of the proposed policy (it was supplied by the Oregon School Boards Association) and noted they were not taking action to pay any stipends at the meeting; one board member said the board likely would not seek stipends and that money should go to students and staff. The board approved business items 5 through 7 on first reading at the meeting; the attorney said adopting the policy language now would not automatically trigger payments.

The board did not adopt a stipend or set any compensation at the meeting and took no immediate financial action. The attorney recommended waiting for legislative guidance or using one of the established options to avoid a conflict-of-interest vote.