A. A person shall not serve as a member of a governing body of a charter school if the person or an immediate family member of the person is an owner, agent of, contractor with or otherwise has a financial interest in a for-profit or nonprofit entity with which the charter school contracts directly, for professional services, goods or facilities. A violation of this subsection renders the contract between the person or the person's immediate family member and the charter school voidable at the option of the chartering authority, the department or the governing body. A person who knowingly violates this subsection may be individually liable to the charter school for any financial damage caused by the violation.
B. No member of a governing body or employee, officer or agent of a charter school shall participate in selecting, awarding or administering a contract with the charter school if a conflict of interest exists. A conflict of interest exists when the member, employee, officer or agent or an immediate family member of the member, employee, officer or agent has a financial interest in the entity with which the charter school is contracting. A violation of this subsection renders the contract voidable.
C. Any employee, agent or board member of the chartering authority who participates in the initial review, approval, ongoing oversight, evaluation or charter renewal process of a charter school is ineligible to serve on the governing body of the charter school chartered by the chartering authority.
D. As used in this section, "immediate family member" means spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law or any other relative who is financially supported.
History: Laws 2011, ch. 14, § 7.
Effective dates. — Laws 2011, ch. 14, § 10 made Laws 2011, ch. 14, § 7 effective July 1, 2012.
Structure New Mexico Statutes
Section 22-8B-1 - Short title.
Section 22-8B-2 - Definitions.
Section 22-8B-4 - Charter schools' rights and responsibilities; operation.
Section 22-8B-4.1 - Charter schools' enrollment procedures.
Section 22-8B-4.2 - Charter school facilities; standards.
Section 22-8B-5 - Charter schools; status; local school board authority.
Section 22-8B-5.1 - Governing body training.
Section 22-8B-5.2 - Governing body conflicts of interest.
Section 22-8B-5.3 - Chartering authority; powers; duties; liability.
Section 22-8B-7 - Appeal of denial, nonrenewal, suspension or revocation; procedures.
Section 22-8B-8 - Charter application; contents.
Section 22-8B-9 - Charter school contract; contents; rules.
Section 22-8B-9.1 - Performance framework.
Section 22-8B-10 - Charter schools; employees.
Section 22-8B-11 - Charter schools; maximum number established.
Section 22-8B-13 - Charter school financing.
Section 22-8B-14 - Charter schools stimulus fund created.
Section 22-8B-14.1 - Repealed.
Section 22-8B-16 - Public education commission; powers and duties.