DBD(LOCAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CONFLICT OF INTEREST
Note: For conflicts of interest and gifts and gratuities related to federal grants and awards, see CB and CBB.
An employee shall disclose to his or her immediate supervisor a personal financial interest, a business interest, or any other obligation or relationship that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or with the best interest of the District.
The Superintendent shall file an affidavit with the Board President disclosing a substantial interest, as defined by Local Government Code 171.002, in any business or real property that the Superintendent or any of his or her relatives in the first degree may have.
Any other employee who is in a position to affect a financial decision involving any business entity or real property in which the employee has a substantial interest, as defined by Local Government Code 171.002, shall file an affidavit with the Superintendent; however, the employee shall not be required to file an affidavit for the substantial interest of a relative.
Interest in Property
The Superintendent shall be required to file an affidavit disclosing interest in property in accordance with Government Code 553.002.
Annual Financial Management Report
The Superintendent, as the executive officer of the District, shall provide to the District in a timely manner information necessary for the District's annual financial management report.
An employee shall not accept or solicit any gift, favor, service, or other benefit that could reasonably be construed to influence the employee's discharge of assigned duties and responsibilities. [See CAA, CB, CBB, and GIFTS, GRATUITIES, AND ENTERTAINMENT, below]
An employee shall not recommend, endorse, or require students to purchase any product, material, or service in which the employee has a financial interest or that is sold by a company that employs or retains the District employee during nonschool hours. No employee shall require students to purchase a specific brand of school supplies if other brands are equal and suitable for the intended instructional purpose.
An employee shall disclose in writing to his or her immediate supervisor any outside employment that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or with the best interest of the District.
An employee shall disclose in writing to his or her immediate supervisor any private tutoring of District students for pay.
All employees shall be notified each year of the expectations of this policy, and each employee shall be required to sign a statement of the receipt of the policy.
Gifts, Gratuities, and Entertainment
It is a serious violation of standards for any employee to use his or her position with the District to seek personal or professional advantages through the acceptance of gifts, gratuities, entertainment, or other favors; therefore, an employee is prohibited from accepting such benefits.
"Gifts and gratuities" means a payment, loan, subscription, advance, deposit of money, services, goods, merchandise, tickets, or cash, present or promised, unless consideration of substantially equal or greater value is received. Gifts and gratuities may include any tangible or intangible benefit in the nature of gifts, favors, entertainment, discounts, passes, transportation, accommodation, hospitality, or offers of employment.
An employee shall not receive, under any pretense, or seek, ask, or share in any fee, reward, or other reimbursement or gratuity for the performance of his or her official duties.
Acceptance not otherwise prohibited by law or policy of the following items shall be allowed:
A gift not excessive or extravagant in nature provided to a teacher by a student or parent of a student, such as an end-of-year gift.
Unsolicited advertising products or promotional material, such as pens, pencils, note pads, calendars, other items of not more than $25 value.
Questions regarding application of this policy shall be submitted to the assistant superintendent of human resources.
Ethics Policy Review Committee
The Board shall appoint an ad hoc ethics policy review committee as needed to hear inquiries and/or complaints arising from the District's conflict of interest policy.
The ethics policy review committee shall meet as needed to review the conflict of interest policy and make recommendations to the Board for changes to the policy. The committee shall also meet at other times when a review has been requested by the assistant superintendent, based on the receipt of a complaint.
Inquiries and Complaints
Employees may wish to make inquiries to the deputy superintendent concerning the conflict of interest policy. All inquiries shall be handled in an informal manner.
Employees who have complaints or concerns regarding possible violation of the conflict of interest provisions should file such complaints in writing in accordance with policy DGBA.