401.02 – Employee Conflict of Interest
Employees’ use of their position with the school district directly or indirectly for financial gain is considered a conflict of interest with their position as employees and may subject them to disciplinary action.
Employees have access to information and a captive audience that could award the employee personal or financial gain, No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct solicitations within the conditions set by the superintendent. Further, the superintendent may require the employee to cease such solicitations as a condition of continued employment
Employees will not act as an agent or dealer for the sale of textbooks, school equipment, musical instruments, or other school supplies to the school district. Employees will not participate in personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to pupils or to parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because of the employee’s position in the school system.
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee’s official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
- The outside employment or activity involves the use of the school district’s time, facilities, equipment, and supplies or the use of the school district’s badge, uniform, business card, or other evidence of office to give the employee or the employee’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not “similarly situated” merely by being related to an employee who is employed by the school district.
- The outside employment or activity involves the receipt of, the promise of, or acceptance of more or other consideration by the employee or member of the employee’s immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee’s regular duties or during the hours during which the employee performs service or work for the school district.
- The outside employment or activity is subject to the official control, inspection, review, auditor enforcement authority of the employee during the performance of the employee’s duties. If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must do one of the following:
- Cease the outside employment or activity; or
- Publicly disclose the existence of conflict and refrain from taking official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
There shall be no conflict of interest in the supervision and evaluation of employees. Therefore, no administrator or supervisor shall be responsible for the supervision or evaluation of an immediate family member.
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Date of Adoption: January 10, 2014
Reviewed & Revised: September 17, 2018