406.2 Conflicts of Interest

Code No. 406.2

CONFLICTS OF INTERESTS

Employee’s use of their position with the District for financial gain other than for salary lawfully earned is considered a conflict of interest with their position as employees.  No employee shall engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  Situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to:

(1)             The outside employment or activity involves the use of the District's time, facilities, equipment and supplies or the use of the District badge, uniform, business card or other evidence of office to give the employee or member of the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated employees 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.

(2)             The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the state or the 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 in which the employee performs service for the District.

(3)             The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's employment.

                  If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment or activity.  If the activity or employment falls under (3), then the employee must:

·       Cease the outside employment or activity; or

·       Publicly disclose the existence of the conflict and refrain from taking any 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.

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the District.  Employees will not participate for personal financial remuneration or outside activities wherein their position of the staff is used to sell goods or services to students or to parents.  Employee 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 District.

Employees shall not participate in the selection, award, or administration of a contract when procurement is supported by federal Child Nutrition funds if there is a real or apparent conflict of interest in the contract.  It shall be deemed a real or apparent conflict of interest if an employee, a member of the employee’s immediate family, a partner of the employee, or a non-District employer of any of these individuals is a party to the contract.

It shall be the responsibility of each employee to be aware of an actual or potential conflict of interest.  It shall also be the responsibility of each employee to take the action necessary to eliminate such a conflict of interest.  Should a conflict of interest arise, an employee should not participate in any action relating to the issue from which the conflict arose.  Employees may be subject to disciplinary action for engaging in any activity that is or creates a conflict of interest.

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS