STAFF CONFLICT OF INTEREST

 

All employees of the Advance R-IV School District shall adhere to the laws regarding conflict of interest and avoid situations where their decisions or actions in their employment capacities violate the provisions of this policy or conflict with the mission of the district.

 

Definitions

 

Business with Which an Employee Is Associated - For the purposes of this policy, a business with which an employee is associated means:

 

1.         A sole proprietorship owned by the employee, his or her spouse or any dependent children in the person's custody.

 

2.         A partnership or joint venture in which the employee or spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the employee is an officer or director or of which the employee or his or her spouse or dependent children in the employee's custody, whether singularly or collectively, own more than ten percent of the outstanding shares of any class of stock or partnership units.

 

3.         Any trust in which the employee is the settlor or trustee, or in which the employee, spouse or dependent children, singularly or collectively, are beneficiaries or holders of a reversionary interest of ten percent or more of the corpus of the trust.

 

Special Monetary Benefit - Being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected.

 

Sale, Rental or Lease of Personal Property (Property other than Real Estate)

 

No employee of the district shall sell, rent or lease any personal property to the school district for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received.

 

Sale, Rental or Lease of Real Property (Real Estate)

 

No employee of the district shall sell, rent or lease any real property to the school district for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice.

 

Independent Contractor Services

 

No employee of the district shall perform service as an independent contractor for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received.

 

Additional Prohibitions

 

1.         Employees may not act or refrain from acting by reason of any payment, offer to pay, promise to pay or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to themselves or any third person.  This includes a gift or contribution made or received in relationship to or as a condition of the performance of an official act.

 

2.         Employees shall not favorably act on any matter that is specifically designed to provide a special monetary benefit to them, their spouse or any dependent children in their custody.

 

3.         Employees will not use their decision-making authority for the purpose of obtaining a financial gain that materially enriches them, their spouse or any dependent children in their custody by acting or refraining from acting for the purpose of coercing or extorting anything of actual pecuniary value.

 

4.         Employees shall not offer, promote or advocate for a political appointment in exchange for anything of value to any political subdivision.

 

5.         An employee will not attempt to directly or indirectly influence any district decision when the employee knows the result of the decision may be the district's acceptance of a service or the sale, rental or lease of any property to the district and the employee, his or her spouse, dependent children in his or her custody or any business with which the employee is associated will benefit financially.

 

6.         An employee will not use his or her position with the district to influence purchases made by students or parents/guardians that result in the financial gain of the employee, the employee's spouse, the employee's dependent children or businesses with which they are associated, unless authorized by the Board of Education.

 

7.         An employee will not trademark, patent, copyright or claim ownership interest in any inventions, publications, ideas, processes, compositions, programs, images or other intellectual property created by the employee in his or her capacity as an employee of the district, unless authorized by the Board of Education.  The district will not pay royalties, licensing fees or other fees to employees or businesses with which they are associated for the use of intellectual property created by employees in their employment capacities, unless authorized by the Board of Education.

 

8.         An employee will not receive compensation, other than the compensation received from the district, for tutoring students currently enrolled in a class the employee teaches unless authorized by the Board of Education.  Any private tutoring of students for a fee on district property is subject to facility usage policies and procedures.

 

9.         Employees will not accept gifts of substantial value from vendors, individual students or parents/guardians unless authorized by the Board of Education or the employee's immediate supervisor.  For the purposes of this policy, a gift has a "substantial value" if it is worth more than $100.

 

Use of Confidential Information

 

Employees shall not use or disclose confidential information obtained in the course of or by reason of their employment in any manner with intent to result in financial gain for themselves, their spouses, dependent children in their custody, any business with which they are associated or any other person.  Even when there is no financial gain involved, misuse of confidential information or failure to keep information confidential violates Board policy and could also violate state and federal law.

 

Administrative and Executive Employees

 

In addition to the above-listed requirements, the following restrictions apply to all administrative and executive employees in the school district, in accordance with law.  Administrative and executive employees of the district may not:

 

1.         Receive compensation or payment for services from any person, firm or corporation, other than the compensation provided by the district for the performance of their official duties, to attempt to influence a decision by the district.

 

2.         Perform any service for compensation by which they attempt to influence a decision of the district for one year after the termination of their employment with the district.

 

Financial Disclosure

 

The superintendent, chief purchasing officer and general counsel, if employed full-time by the district, will file an annual disclosure statement with the Missouri Ethics Commission in accordance with law and Board policy BBFA.

 

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Note:   The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         12/14/00

 

Revised:          10/13/05, 09/12/15

 

Cross Refs:     BBFA, Board Member Conflict of Interest and Financial Disclosure

DA, Fiscal Responsibility

DJF, Purchasing

DN, Surplus District Property

KG, Community Use of District Facilities

 

Legal Refs:     '' 105.450 - .458, .462, .466 - .467, .472, 168.114, .126, 171.181, RSMo.

 

Advance R-IV School District, Advance, Missouri