Board Policy GAG: Staff Conflict of Interest

1. CONSTRUCTION AND APPLICATION

2. Definition -

“Conflict of Interest” is defined as the use of a position for personal gain. A conflict of interest arises in those situations that result in a clash between the individual’s interest as an employee of the District and the individual’s private, pecuniary interest.

An actual conflict of interest exists when an individual’s, personal, private, or pecuniary interests interfere with the impartial discharge of his/her duties as an employee of the District. An appearance of a conflict of interest exists when a reasonable person might conclude from the circumstances that an individual’s ability to protect the public interest or perform his/her public duties is compromised by his/her personal interests. An appearance of a conflict of interest may exist even in the absence of an actual conflict of interest.

Employee’s Obligation - Each District employee has the responsibility to ensure that his/her individual behavior and activities are consistent with Board policy and are not susceptible to either a conflict of interest or the appearance of a conflict of interest.

Interpretation - In instances not specifically covered by this policy, or about which there is a question of interpretation, a written request may be made to the Office of Legal Affairs for an interpretation or ruling regarding any situation which may be construed to be a conflict of interest.

1. OTHER EMPLOYMENT

Employees may, during the hours not required of them to fulfill appropriate assigned duties, engage in other employment, provided such employment does not violate any pertinent section of this policy, Board Policy “Code of Ethics,” Descriptor Code “GBU,” or any contract the employee has with the District. The employee recognizes that certain time commitments, in addition to the normal work day, may occasionally be required of the employee, provided these time commitments are consistent with the Fair Labor Standards Act. These time commitments shall take priority over other non-District employment obligations of the employee.

Unless in an approved leave of absence status, job assignments within the District are employees’ first obligation. If outside employment negatively impacts an employee’s District job performance, they will be required to choose one or the other.

Additionally, employees are required to disclose, in writing, to the District if they are employed by a vendor approved to do business with the District or are engaged in any other nonpublic business pursuant to Board Policy GAJ. This notification should be sent to the Chief Human Capital Management Officer, the Purchasing Department and their immediate supervisor no more than10 business days after the commencement of such employment or nonpublic business and no later than May 1st of each year thereafter. Information may be disclosed using GAG-Exhibit I. Failure to disclose this information may result in disciplinary action, up to and including, termination.

Political Involvement

The District recognizes that District employees have the same civic privileges as any other citizen, including the privilege of campaigning for and holding public office and actively supporting candidates and causes in the political arena. The District also recognizes that its employees have the responsibility to uphold the public trust and that an employee’s political involvement must not interfere or conflict with an employee’s job. Employees’ political involvement shall also be governed by the guidelines set forth in Board Policy “Staff Political Activities,” Descriptor Code “GAHB.” A violation of said policy will also constitute a violation of this Board policy.

1. ENDORSEMENT

Businesses and Products

No employee shall endorse, market, sell, or advertise any media including but not limited to digital, print publications, books, products, or services, in which the employee has a personal or financial interest to the District, District parents or District students, unless it is done in accordance with Board Policies, and with full disclosure to and written approval from the Superintendent. The Superintendent shall notify the Board of Education prior to granting such approval.

Political Candidate

With respect to the endorsement of a political candidate, employees should follow the provisions of Board Policy “Staff Political Activities,” Descriptor Code “GAHB.”

1. EXPLOITATION

Relationships

District employees shall refrain, for personal gain or private advantage, from exploiting relationships, through solicitation, coercion, or otherwise, with students, colleagues, educators, parents, school patrons, businesses, consultants, or Board of Education members.

Gifts - With regard to the acceptance of gifts, employees shall follow the procedures set forth in Board Policy “Gifts,” Descriptor Code “GAJ.” Violations of Board Policy “GAJ” will constitute a conflict of interest and a violation of this Board policy.

Violations by Businesses - Any entity doing business or attempting to do business with the District who knowingly facilitates a violation of this policy may be subject to being barred from further business relationships with the District.

1. FINANCIAL INTEREST

Employees with a financial interest in any business transaction that may be affected directly or indirectly by his/her official act or actions or by the acts or actions of the District shall immediately disclose such interest to the Chief Human Capital Management Officer and their immediate supervisor in writing.

1. USE OF DISTRICT PROPERTY

Except as allowed in other Board policies, all District property, which includes, but is not limited to, supplies, equipment, and motor vehicles, shall be used by District employees for District purposes only.

1. PROCUREMENT

2. Supplies, equipment, or materials produced by an employee without use of any District resources or information acquired by virtue of their employment with the District, except as stated in subsection (2) below, may be purchased by the District on the same basis as any other item, provided the employee-produced supplies, equipment, or materials are selected and approved for procurement in compliance with established Board policy and State law. The fact that the item was produced by said employee shall not be considered for or against its selection. An employee, however, cannot recommend, select, or approve for purchase or use by the District his/her own supplies, equipment, or materials. In all such instances, the employee shall notify his/her supervisor of the situation and recuse himself/herself from the process.

3. Supplies, equipment, or instructional materials produced by an employee of the District, or produced in association with other such employees, for which substantial time, facilities, or materials of the District have been used in any way, shall become the sole property of the District.

4. TUTORING

Except as provided for in District-sponsored programs: (1) no employee shall provide tutoring on District property, for which compensation that is in addition to the employee’s District salary, is received; and (2) no employee shall tutor, for compensation, either during the school year or summer, any student who is currently assigned to the employee.

1. VIOLATION AND RESOLUTION

If an employee wishes to report an alleged violation, he or she should contact the Office of Office of Legal Affairs. Employees who perform this reporting function in good faith will not be subject to any reprisal. Further, an alleged violation of this policy is cause for an immediate investigation by the Office of Legal Affairs. If it is determined that an employee has violated this policy, the employee will be subject to disciplinary action, including, but not limited to, termination.

1. REPORTING

Any appearance of impropriety or a conflict of interest may also be referred to the District’s Ethics Hotline at 1-888-475-0482.