Members or officers of the Board shall not use their position with the District to place themselves in a more favored position to purchase anything for personal benefit.
No member of the Board shall have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, or the performance of services for the District. A member of the Board may not:
1. Receive direct compensation from the District unless the Board member receives less than $2,500 per fiscal year or receives the compensation through a contract competitively bid in writing, publicly invited and open.
2. Act as an agent for a school textbook or school supply company doing business with the District during the Board member’s term of office.
3. Be a statewide elected official or a state legislator.
4. Engage in outside employment or activity that is in conflict with the Board member’s duties and responsibilities.
No member of the Board or their families may accept any gratuities, financial or otherwise, from any supplier of materials or services to the District.
It will also be a conflict of interest for a Board member to engage in any outside employment or activity that is in conflict with the Board member's official duties and responsibilities.
In determining whether outside employment or activity of a Board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:
(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 Board member or member of the Board member'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 a Board member.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the Board member or a member of the Board member's immediate family from anyone other than the state or District for the performance of any act that the Board member would be required or expected to perform as part of the Board member's regular duties or during the hours in which the Board member performs service or work for the District.
(3) The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the Board member, during the performance of the Board member's duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2) above, the Board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member 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.
It is the responsibility of each board member to be aware of an actual or potential conflict of interest. It is also the responsibility of each board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.
Approved: 1993-1994
Reviewed: 2001–2002; November 15, 2010
Revised: November 16, 2009; June 17, 2013