BBFB(LEGAL) - ETHICS: PROHIBITED PRACTICES

Prohibited Activities by Public Servants— State Law

  1. An officer, employee, or agent of government; or
  2. A candidate for nomination or election to public office.

Bribery

  1. As consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant or voter;
  2. As consideration for a violation of a duty imposed by law on a public servant; or
  3. That is a political contribution as defined by Election Code Title 15 or an expenditure made and reported in accordance with Government Code Chapter 305 (regarding registration of lobbyists), if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion, if such exercise of official discretion would not have been taken or withheld but for the benefit.

Illegal Gifts

Exceptions

  1. A fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled or for which the public servant gives legitimate consideration in a capacity other than as a public servant;
  2. A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient;
  3. A benefit to a public servant required to file a statement under Government Code Chapter 572, or a report under Election Code Title 15, that is derived from a function in honor or appreciation of the recipient if:
    1. The benefit and the source of any benefit in excess of $50 is reported in the statement; and
    2. The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or political subdivision;
  4. A political contribution as defined by Election Code Title 15;
  5. An item with a value of less than $50, excluding cash or a negotiable instrument as described by Business and Commerce Code 3.104;
  6. An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity; or
  7. Food, lodging, transportation, or entertainment accepted as a guest and, if the donee is required by law to report those items, reported by the donee in accordance with that law.

Honoraria and Expenses

A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the person's official position or duties. This provision does not prohibit a public servant from accepting transportation and lodging expenses or meals in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent those services are more than merely perfunctory. Penal Code 36.07

Abuse of Official Capacity

  1. An agreement under which the public servant holds the property;
  2. A contract of employment or oath of office of a public servant;
  3. A law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or
  4. A limited purpose for which the property is delivered or received.

Official Oppression

Misuse of Official Information

  1. Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;
  2. Speculates or aids another to speculate on the basis of the information; or
  3. As a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency.
  1. The person has access to by means of the person's office or employment; and
  2. Has not been made public.

Nepotism

  1. The individual is related to the public official within the third degree by consanguinity (blood) or within the second degree by affinity (marriage); or
  2. The public official holds the appointment or confirmation authority as a member of a local board and the individual is related to another member of the board within a prohibited degree.
  1. An officer of this state or of a district, county, municipality, precinct, school district, or other political subdivision of this state; or
  2. An officer or member of a board of this state or of a district, county, municipality, school district, or other political subdivision of this state.

Counties with Population 35,000 or More

  1. The superintendent is a public official for the purposes of the nepotism prohibitions of Government Code Chapter 573 only with respect to a decision made under that delegation of authority; and
  2. Each member of the board remains subject to the nepotism prohibitions with respect to all district employees.

Counties with Population Less Than 35,000

  1. Wholly in a county with a population of less than 35,000; or
  2. In more than one county, if the county in which the largest portion of district territory is located has a population of less than 35,000.

Former Board Member Employment

Incompatibility of Office

Instructional Materials Violations

Rebates

Gifts

  1. Is given to the person or the person's school;
  2. Might reasonably tend to influence a trustee in the selection of instructional material or technological equipment; and
  3. Could not be lawfully purchased with state instructional materials funds.

Free Materials

Prohibited Activities by Public Servants—Federal Law

Bribery—General

  1. Being influenced in the performance of any official act;
  2. Being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
  3. Being induced to do or omit to do any act in violation of the official duty of such official or person.

Bribery—Federal Programs

  1. Embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that:
    1. Is valued at $5,000 or more, and
    2. Is owned by, or is under the care, custody, or control of the district; or
  2. Corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of the district involving anything of value of $5,000 or more.

Eula ISD

BBFB(LEGAL)-P

UPDATE 112

DATE ISSUED: 1/11/2019