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 of the employee or a member of the employee's immediate family living in the same household that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or that creates a potential conflict of interest 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 or any of his or her relatives in the first degree 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.
Employees shall not accept any gift, favor, service, or other benefit from any source that might be presumed to be seeking a business relationship with the District or that transacts business on an intermittent, regular, or continuing basis with the District. This prohibition does not extend to an occasional business lunch, dinner, reception, or charitable event for which the host is a sponsor, or acceptance of an item of minimal value (i.e., $50 or less) offered to attendees, generally at a conference, workshop, or reception. [See CAA, CB, and CBB]
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 not use his or her position with the District to attempt to sell products or services.
Employees shall not be expected to perform personal, nonschool-related services for another employee during or after regular duty hours.
Employees shall not disclose confidential information gained by reason of their official position nor shall employees use confidential information for personal gain or benefit.
In order to avoid potential conflict of interest with the best interest of the District, the following shall apply:
An employee shall not accept outside employment that interferes with regular school District duties. The Superintendent shall ascertain whether outside employment might interfere with any employee's ability to carry out his or her regular assignment and render a decision concerning the request.
A professional employee who wishes to accept outside employment or engage in other activities for profit during the term of employment with the District shall file a written request with the principal or supervisor if such activities entail more than 15 hours per week during the school year.
An administrator shall notify his or her immediate supervisor in writing prior to accepting any outside employment or consultant responsibilities for which remuneration is received or promised. If a conflict of interest might occur, the immediate supervisor shall forward all applicable materials to the Superintendent for a decision.
Employees who work at school facilities in an aftercare program shall not spend any portion of the regular duty day attending to matters relating to the aftercare program.
Except as part of a District-approved aftercare program, employees shall not use school facilities for or receive pay or any other consideration for tutoring or instruction unless the duties are part of a District-sponsored or -affiliated program. [See FFC]
Private Commercial Ventures
Private commercial ventures by employees shall not be endorsed by the District. Employees are prohibited from using District time or equipment to develop or promote such ventures. However, an employee may purchase advertising space on the District's website. [See FFC and GKB]
Use of District Funds or Property
Employees shall not misuse or mishandle District funds or property. Any employee concerned that a conflict of interest or violation of the code of ethics might exist shall notify his or her immediate supervisor. After a review by the Superintendent, the Board shall be the final arbiter in determining violations of the above standards. [See CAA]