canstockphoto4564908We strongly suggest that if  a board member wants to apply for a job with your CIL, that they should first resign their board position. This is the only way you can make sure that the review and decision regarding applications is fair. This is true for ALL positions, including those hired by the Executive Director. Can you imagine interviewing a board member and then not hiring them? This can make the continued life of the ED or the operations of the board very difficult. That is why we also suggest that the person who has resigned from the board to apply would not be eligible to come back onto the board for the length of a board term — usually three years — if they are not the chosen person.

We also suggest that you always advertise key positions nationally. NCIL, APRIL and ILRU all post executive director openings. (NCIL and APRIL provide this benefit to their members.) There are some experienced Executive Directors in the field who are looking to move for a number of reasons. Some want to return to their home state, some want to get out of the city and back to more rural areas, and some out of the small town and into a city. Advertising within the IL Network (including the department of rehabilitation in your state) will give you an opportunity to look at the best candidates for your center.

Sometimes the board member who is interested in employment will push back, deny that there is a conflict, or in other ways attempt to sway the board to hire him or her without this caution. Here are some regulations that might interest you, and that should be shared so the board can make a good decision.

And did you know that ACL under 45 CFR 75.308 requires all grantees to request prior review and approvals for changes in key personnel including but not limited to the Executive Directors? If a former board member’s name is submitted, ACL will need to examine how that came about, including looking at the minutes of the meeting where the decision was made.

§75.308   Revision of budget and program plans.

(c)(1) For non-construction Federal awards, recipients must request prior approvals from HHS awarding agencies for one or more of the following program or budget-related reasons:

(ii) Change in a key person specified in the application or the Federal award.

 ACL under 2 CFR 200.318 requires all grantees to maintain and comply with standards of conduct for the employees, officers, and agents of our grants. They will examine the individual’s qualifications (including what you need to meet the requirements for consumer control) and potential conflict of interest.

§200.318   General procurement standards.

c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.

Clearly receiving a job is substantial — so protect your center by assuring that any board member who wants to apply for a job at your CIL first resigns their board position.

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Help! A board member wants the ED position!

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