Ethics and School Board Elections

For Board Members Supporting Candidates for Office

1. How may a Board Member address a community member seeking their advice on becoming a candidate?
   
   The Board Member may indicate that they can give their personal thoughts on being a Board Member but cannot share any confidential information with the candidate. For example, if the Board Member is approached at the grocery store or a restaurant and asked if they could share their thoughts on being a Board Member, they can share their personal thoughts and direct them to the Board website for official information.
   
   Contrast this with a Board Member seeking out or taking the initiative to meet with candidates in their private citizen role.
   
   While this is allowable, there is a risk that Board Members who seek to individually meet with candidates, even in their personal capacity, may be viewed as using their Board position to arrange these meetings and exert undue influence on the candidate or on the election process.
   
   Instead, the Board Member, if interested in learning more about a candidate, can attend that candidate’s events in their private citizen role.
2. What can the Board Member discuss with a candidate?
   
   If a Board Member chooses to meet with a candidate, the Board Member must be mindful of their fiduciary duties and under no circumstances should the Board Member share Confidential Information. Board Members can share their personal thoughts and reflections about serving as a Board Member and any information or data already made public by the District. They should clarify to the candidate that they are acting in their personal capacity and their personal thoughts do not reflect the Board’s position.
3. What should Board Members do if a candidate seeks to reach out to a Board Member personally to consult?
   
   If the Board Member would like to respond, the Board Member should distinguish themselves from their Board Office role and indicate that they are speaking in their private citizen role. In their private citizen role, they can convey that they cannot use their Board position to support a candidate but they can engage in political support on their own time and with their own resources.
   
   They can choose to speak on how they feel personally about being a Board Member. In their private citizen role, they can decide if they wish to speak to other candidates but are not required to do so.
   
   They can also inform the candidate that if they would like to learn more about the role of a Board Member, they can review the material on the Board website or contact the Board Office.
4. What should Board Members do if a candidate seeks to meet during office hours?
   
   Prior to or outside of office hours, the Board Office or Board Members should communicate with the candidate that office hours cannot be used to support a candidate. If a candidate tries to use a Board Member’s office hours to solicit support for their candidacy, the Board Member must clarify that office hours cannot be used for this purpose.
5. What should Board Members do if a candidate seeks to use public participation at a Chicago Board of Education meeting to support their candidacy?
   
   The candidate must follow the Guidelines for Public Participation at Meetings of the Chicago Board of Education. All public presentations must be limited to issues of concern before the Board and/or related to the Chicago Public Schools. Comments of a personal nature, unrelated to the operations of Board or CPS, directed towards individual Board Members, Employees of the Board or any other individual are not permitted.
   
   If a candidate is using public participation to further their candidacy, Board Members must remain neutral and not support or oppose the candidacy during the Board Meeting or on Board property.
6. May Board Members make any comments regarding the elected school board at Board meetings?
   
   Board Members can announce and support general calls for voting in the election for School Board Members but cannot endorse any individual candidate. They can refer the public to the Board website for more information.
7. What should a Board Member do upon receiving an email at their CPS email address from a candidate’s political committee asking for contributions?
   
   Please do not forward the email. Instead, delete it immediately, contact the sender and ask that your CPS email be removed from its list. You may receive such emails on your personal devices and personal email.

For Board Members Running for Office or Re-Election

8. May a Board Member run for an elected Board Member position?
   
   Yes, but they may not require CPS Employees or officials to perform any political activity as part of their job, or on their time off, or coerce them to make, not make or solicit any political contributions.
   
   If they seek to visit the school, it must be clear that this is being done in their official capacity and not as a campaigning measure.
9. If a Board Member decides to run for an elected School Board position, how can the Board Member avoid conflicts of interest when communicating with constituents?
   
   When a Board Member communicates with constituents, they must be mindful of their Board Member role. Any Political Activity such as campaigning or fundraising is prohibited by the CPS Code of Ethics. In the Board Member role, the Board Member may communicate about the collective Board's work and the individual Board Member’s role in it. When announcing an election bid, soliciting campaign funds or engaging in other political activity, Board Members MUST NOT wear school or district buttons or apparel, or use district resources (e.g., CPS logos, CPS social media accounts, CPS events, school buildings, etc).

Political activity is permitted on a board member’s own time, with their own resources, and without taking advantage of their CPS position, and not on or in any board property.

For Board Members Supporting Candidates for Office

1. How can Board Members express support for a political candidate?
   
   If a Board Member is engaging in Political Activity, they must do so in their personal capacity and not in their Board Member role. They can sign petitions, campaign, and donate to campaigns in their personal capacity with their own resources. They must be careful not to co-mingle their Board work with their support for any candidate. For example, if they are at a Board meeting or visiting a school, they must not distribute any campaign materials, wear any campaign gear, or make any statements of support for the candidate. These examples are not exhaustive and the Ethics Office may further advise that other activities should not be conducted as a Board Member. If Board Members host community events in their official capacity, they must not refer to any candidate or campaign. Board Members cannot require staff to engage in Political Activities by offering incentives, nor should Board Members encourage staff to offer incentives to the school community to support a political candidate.
2. May a Board Member sign a nominating petition for an individual seeking to run for an elected school board position?
   
   A Board Member can do so in their personal capacity. Under no circumstances should a Board Member sign a nominating petition using their Board title or while serving in their role as a Board Member or on Board property. Board Members must avoid signing a petition in Board chambers, at Board Office hours or at an event where they are attending as a Board Member. Instead, Board Members who wish to sign a nominating petition could do so at their home or at the candidate’s events.
3. May a Board Member use social media to support a candidate?
   
   A Board Member can use their personal social media accounts to support a candidate. These personal social media accounts should be free from the Board seal and CPS logos. Any postings to these accounts should be done when the Board Member is not engaged in Board activities or with Board resources.
4. May a Board Member endorse a candidate?
   
   A Board Member who seeks to endorse a candidate must do so in their personal capacity. If a Board Member chooses to make any public statements endorsing a candidate, they must explicitly clarify that this is being done in a personal capacity. For instance, the Board Member can state, "I am endorsing in my personal capacity, not as a Board Member." Board Members should take steps to ensure that candidates do not use the Board Member’s official title when referencing their endorsement. Instead, if Board Members wish to endorse a candidate, the reference should indicate something along the lines of "endorsed by [Name]'s Campaign Committee."
5. May a Board Member contribute to a candidate campaign?
   
   A Board Member may contribute to a candidate campaign in their personal capacity. No CPS funds may be used nor should Board property, such as computers or smartphones, CPS emails, etc. In addition, Board Members cannot use their CPS positions to solicit others to contribute to a candidate’s campaign.
6. May a Board Member fundraise for a candidate?
   
   A Board Member may fundraise for a candidate in their personal capacity. They cannot use their Board position or Board resources to raise money or ask Board vendors or Employees to contribute to a candidate's campaign.
   
   Board Members should consider whether it is difficult to separate their official position from their personal capacity. Members of the public may perceive that a Board Member is acting in their official capacity even when fundraising in their personal capacity. For example, if a Board Member is the primary and prominent organizer for a candidate's fundraising event, vendors might perceive that a donation to the candidate could influence the Board Member's favorable consideration of the vendor's contract renewal. This perception could be mitigated by the Board Member not being the prominent organizer.
7. May a Board Member speak at a candidate event?
   
   A Board Member may speak at a candidate event in their personal capacity if the event is held off Board property. Board Members must ask the event organizers not to refer to them as Board Members in promotional materials for the candidate’s events. Board Members may not speak in their official capacity at any candidate event.
8. May Board Members display a political sign in the front yard of their home?
   
   Yes. A Board Member’s home is not Board property.
9. May Board Members wear a political t-shirt or campaign button or have political posters in their Board Office?
   
   Board Members may not wear partisan political campaign buttons or apparel, or display political literature about candidates or referendums when acting in their official capacity or on Board property. This is true of all political campaign races, whether they are federal, state, municipal, or local.

Board Members who are Running for Office or Reelection

10. Is a Board Member able to use social media for campaign fundraising?
    
    A Board Member may only use their personal social media account for political activity, such as campaigning. No CPS or Board social media account may be used for any political activity, including campaigning.
11. What is permitted on a Board Member’s official communications?
    
    A Board Member may inform the school community of CPS matters, such as district achievement milestones, upcoming CPS events, etc. No campaign material or any other political activity is permitted on a Board Member’s official communication.

1. Can a Board Member speak about their Board experiences or work to organizations that support Board candidates?
   
   Board Members are allowed to share their Board experiences with organizations that support or host potential Board candidates, but should strongly consider whether this may give the appearance of endorsing specific candidates.
   
   This recommendation applies in both election and non-election years, as Board vacancies can occur at any time. The goal is to prevent current Board Members from being seen as promoting particular candidates or organizations that support certain Board candidates, and mitigate the risk of questions about their compliance with the CPS Code of Ethics' political activities provision.
   
   This risk can be mitigated by ensuring that the event they are speaking at is open to the public or that the Board Member speaks to all organizations requesting similar speaking engagements.
2. May Board Members make appearances at community-based events to discuss Board membership or the election?
   
   This action is not recommended if the community-based event is promoting specific candidates. If a Board Member seeks to make these appearances, they risk being criticized if they do not make themselves equally available to other community-based events that seek the same access.
   
   There is minimal risk if a Board Member attends a community-based event that is limited to promoting the election itself and is open to the public.
3. What should a Board Member do if a member of the public sends an email with a campaign-related question to their official CPS email account?
   
   The Board Member should forward this email to their personal or campaign email account and respond using that account, and immediately delete the campaign-related email from their official account. In their response to the sender, the Board Member should also state to the sender that CPS email accounts cannot be used for political purposes and that, moving forward, any campaign questions should be directed to their personal or campaign email account.

1. Are there any clear ethics rules on accepting campaign contributions?
   
   No quid pro quo contributions are allowed by law. This means that donors cannot seek to “buy” a Board Member vote and Board Members cannot promise to vote in exchange for a donation.
2. Are there campaign contribution limits for Chicago School Board Members and candidates?
   
   There are limits on political contributions for candidates in the Illinois Election Code. However, these limits do not account for whether the contributor is a CPS vendor seeking to influence Board Members. The recommended ethical advice is for Board Member candidates to exercise caution when accepting campaign contributions from CPS vendors and adopt the City of Chicago’s and Cook County’s contribution limit of $1,500 from vendors.
3. What are the City of Chicago’s and Cook County’s contribution limits?
   
   The City of Chicago imposes a contribution limit of $1,500 per calendar year on companies that have more than $10,000 in contracts with either the City, Chicago Public Schools, Chicago Transit Authority, Chicago Housing Authority, Chicago Park District, Public Building Commission, Metropolitan Pier and Exposition Authority, or Chicago City Colleges. Similarly, Cook County also imposes a $1,500 contribution limit from Cook County vendors who also have more than $10,000 in contracts with Cook County.
4. What is the recommended campaign contribution limit for Board Member candidates?
   
   The Ethics Office advises that Board Member candidates adopt the City’s and Cook County’s contribution limit of $1,500 as a best practice when dealing with CPS vendors who have more than $10,000 in contracts.
   
   The rationale for this recommendation is as follows:
   
   • Accepting political contributions from persons or firms doing business with CPS presents optical risks to consider. For example, accepting contributions from a CPS vendor who has more than $10,000 in contracts could be seen as influencing your vote on any upcoming contracts.
   • If all Board Member candidates adhere to the recommendation—that no candidate accept contributions over $1,500 from a CPS vendor with more than $10,000 in contracts, and that any contribution over $1,500 will be returned—then the optical risk is minimal.

To determine if a campaign contributor is a CPS vendor, a candidate can:

• Ask the campaign contributor to disclose whether they are a CPS vendor.
• View the website to see payments made to CPS vendors. Candidates should search campaign contributors across the last two fiscal years. By checking this, the candidate can use the results from these two fiscal years to determine the amount of money CPS paid the contributor. If the contributor received more than $10,000 across the two fiscal years, the candidate should adhere to the $1,500 contribution limit. Note that while charter school operators are listed as suppliers, the Procurement Department has not approved them.

1. Who should I contact if I have questions regarding campaign disclosures or expenditures?
   
   The Illinois State Board of Elections oversees campaign expenditures. Please see their guide. If you have questions on campaign disclosures and expenditures, please call the Illinois State Board of Elections at (217) 782-4141 or (312) 814-6440.
   
   In addition, Board Members and candidates should consider consulting their personal or campaign attorney for specific advice on election laws.
   
   From an ethics perspective, Board Members must keep campaign activities and the Board Member role separate.
2. Who should I contact if I have a complaint about a potential violation of the Illinois Election Code?
   
   Please contact the Illinois State Board of Elections to file a complaint and contact the CPS Office of Inspector General (OIG).
3. Who should I contact if I have a complaint about a potential violation of the CPS Code of Ethics?
   
   Please email ethicsinquiries@cps.edu with the complaint and any supporting information, and contact the CPS Office of Inspector General (OIG). Complaints will be reviewed and may be referred to the CPS OIG’s office or to the Board Member or candidate for correction.
4. Are there penalties for failure to follow political activities guidance?
   
   This guidance contains best practices based on state law; any non-compliance brings the risk of removal from office pursuant to Board Bylaws Section 1-4(IV), public scrutiny, and perhaps a change in the state laws to clarify its applicability to Chicago School Board Members and candidates.
5. Does the Illinois State Board of Elections impose penalties?
   
   Fines are imposed by the Illinois State Board of Elections for late filings or noncompliance with reporting regulations.

If a Board Member chooses to make any public statements endorsing a candidate, they must explicitly clarify that it is being done in a personal capacity. This means they must not post endorsements on their official Board newsletters or social media or use Board resources to announce who they endorse. Board Members are permitted to post candidate endorsements on their personal or campaign newsletters and social media. Even though the Board Member cannot control how an endorsed candidate advertises the endorsement (see question two), the Board Member should clarify in their own statements and social media accounts that the endorsement is being made in the Board Member's personal capacity.

Board Members who seek to share an endorsement (including reposting the endorsement of a sitting Board Member) must do so on their personal or campaign social media accounts to avoid engaging in prohibited activity on their official government accounts.

The Guidance on this page advises that Board Member candidates adopt the City’s and Cook County’s campaign contribution limit of $1,500 as a best practice when dealing with CPS vendors who have more than $10,000 in contracts. The Ethics Office notes that the safer course of action is for Board Members to decline all contributions from CPS vendors because of the appearance of impropriety concerns raised in the Guidance and the following additional concerns:

• Board Members are responsible for conducting monthly conflict checks. The monthly checks identify matters from which Board Members must recuse and abstain. Consequently, a Board Member with a matter involving a campaign contributor would be required to recuse and abstain from voting to avoid a conflict of interest. However, voting on contracts is a key function of a Board Member, and recusing and abstaining on multiple Board vendor contracts erodes the fiduciary duty of Board Members to act in the best interest of the district.
• Recusing and abstaining from voting on vendor contracts for vendors that contributed to Board member campaigns does not necessarily resolve the issues. For example, if a majority of Board Members recuse and abstain from voting on a contract, there may be insufficient votes for a contract to pass.
• Board Members accepting donations from vendors may make other vendors feel obligated or pressured to donate to candidates, which could ultimately deter businesses from wanting to do business with CPS.

Yes, each month Board Members must review the Board’s agenda and disclose if a campaign contributor has a matter pending before the Board. The Board Member should also publicly state this at the meeting and inform the public of their decision to recuse and abstain from voting on this matter.

It is acceptable under the CPS Code of Ethics to participate in a candidate forum at a CPS school or facility, as this is not considered prohibited political activity, as long as the candidate forum is:

• Organized by an outside group that complies with Board Rule 6-25 regarding using the school facility; and
• The forum is politically neutral, all candidates for the electoral district or school board candidates must be invited and at least two must attend. Single candidate forums/town halls are not permitted at CPS facilities.
• Any campaign literature that is distributed during the forum is removed from school property after the forum has ended.

Board Members are prohibited from using any pictures taken while serving in their official role (e.g., at Board events, visiting schools) for campaign purposes. In addition, the CPS media consent form does not grant permission for Board Members to use these photos in their campaigns.

Board Members may use photos taken during personal time while campaigning. While the ideal practice is to exclude CPS students from any campaign photos, pictures including students who are the Board Member's family are acceptable.

Board Members must distinguish between a “Board” newsletter and a “campaign” newsletter.

• Both newsletters can include information about Board Member accomplishments, but only the Board newsletter may include a Board Member's CPS email address and be distributed using a CPS email address.
• A campaign newsletter must be sent out using the campaign email address and should not be sent out to any CPS email addresses. Board Members must screen out any CPS email addresses from their campaign email lists.
• Do not use emails obtained through a CPS account to create a “campaign” mailing list.

If an email regarding a campaign-related issue is sent to the Board Member's CPS email account, the Board Member must forward it to their personal or campaign email address and reply from that external account. In their reply, the Board Member should clarify that the response is from a personal or campaign account because CPS email accounts cannot be used for political activity. The Board Member should be sure to delete the original email from their CPS email address after forwarding.

If a Board Member is on CPS property and approached with a campaign question or potential contribution question, the Board Member should redirect the person to discuss this when the meeting or event is over and the parties are off site.

Board Members should not wear campaign buttons or distribute campaign material on CPS grounds even if they are there as a parent visiting their child’s school. This is considered engaging in political activity and is not permitted. The one exception is if a Board Member is participating in a candidate forum on CPS grounds and wearing the campaign button during the forum.

Given the inherent power imbalance between a Board Member and a CPS student, it is advised that CPS students not be encouraged to work for Board Member candidate campaigns. In addition, Board Members are prohibited from using photos of CPS students in their classrooms or at CPS events on campaign social media platforms. However, it is acceptable for Board Member candidates to ask their own CPS child(ren) to participate in their campaign.

If Board Member candidates are hosting campaign events, all members of the public, including students, can be invited to attend. However, Board Member candidates cannot use CPS email addresses to send out invitations.

It is acceptable to campaign on public property, even at or near a CPS school or facility.