15-2001. School facilities board; conflict of interest; violation; classification; change orders; notification

A. The school facilities board is established consisting of the following members who shall be appointed by the governor pursuant to section 38-211 in such a manner as to provide for approximate geographic balance and approximate balance between public and private members:

1. One member who is an elected member of a school district governing board with knowledge and experience in the area of finance.

2. One private citizen who represents an organization of taxpayers.

3. One member with knowledge and experience in public procurement.

4. One member who is a registered professional architect and who has current knowledge and experience in school architecture.

5. One member with knowledge and experience in school facilities management in a public school system.

6. One member with knowledge and experience in demographics.

7. One member who is a teacher and who currently provides classroom instruction.

8. One member who is a registered professional engineer and who has current knowledge and experience in school engineering.

9. One member who is an owner or officer of a private construction company whose business does not include school construction.

B. In addition to the members appointed pursuant to subsection A of this section, the superintendent of public instruction or the superintendent's designee shall serve as an advisory nonvoting member of the school facilities board.

C. The governor shall appoint a chairperson from members appointed pursuant to subsection A of this section.

D. Members of the school facilities board serve four-year terms. The school facilities board shall meet as often as the members deem necessary.  A majority of the members constitutes a quorum for the transaction of business.

E. The unexcused absence of a member for more than three consecutive meetings is justification for removal by a majority vote of the board. If the member is removed, notice shall be given of the removal pursuant to section 38-292.

F. The governor shall fill a vacancy by appointment of a qualified person as provided in subsection A of this section.

G. Members of the board who are employed by government entities are not eligible to receive compensation. Members of the board who are not employed by government entities are entitled to payment of one hundred fifty dollars for each meeting attended, prorated for partial days spent for each meeting, up to two thousand five hundred dollars each year. All members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. These expenses and the payment of compensation are payable to a member from monies appropriated to the board from the new school facilities fund.

H. Members and employees of the school facilities board are subject to title 38, chapter 3, article 8.

I. In addition to the requirements prescribed in subsection H of this section, employees of the school facilities board may not have a direct or indirect financial interest in any property purchased, facility constructed or contract financed with monies made available by the board or any other public monies. A person who knowingly violates this subsection is guilty of a class 1 misdemeanor.

J. The school facilities board shall establish policies and procedures relating to building renewal grant change orders that include the following:

1. The board staff shall approve or reject a change order within two business days.

2. If a school district approves work referenced in a change order before the board approves the change order, the school district is responsible for the cost and construction of the project.

K. The school facilities board shall establish policies and procedures to ensure that it notifies school districts in a uniform manner and at least annually of the services and funding that are available from the board for facility construction, renovation and repair projects.  The board shall update and post this information on its website on or before July 1 of each year.

L. The school facilities board shall establish and maintain a list of the persons who are responsible for facilities management at each school district in this state.  A school district shall promptly notify the board of any change to persons who are responsible for facilities management at that school district.  The board shall update and post this information on its website on or before July 1 of each year.

M. Members of the school facilities board may not solicit, accept or provide gifts that are prohibited by state law.