EMPLOYEE CONFLICT OF INTEREST Policy Code: 7730
Employees are expected to avoid engaging in any conduct that creates, or gives the appearance to a reasonable and informed public of creating a conflict of interest with job responsibilities with the school district. While there may be other conflicts of interests, employees must follow board directives in the following areas.
An employee or member of the board will not engage in selling goods or services to the board and will not engage in or have a financial interest, directly or indirectly, in any activity that conflicts with duties and responsibilities in the school district.
- Contracts with the Board
- An employee or member of the board of education shall not do any of the following:
- a. obtain a direct benefit from a contract that he/she is involved in making or administering on behalf of the board, unless an exception is allowed pursuant to G.S. 14-234 or other law;
- b. influence or attempt to influence anyone who is involved in making or administering a contract on behalf of the board; or
- c. solicit or receive any gift, reward or promise for recommending, influencing or attempting to influence the award of a contract.
- A board member or employee is involved in administering a contract if he/she oversees the performance of the contract or has authority to interpret or make decisions regarding the contract.
- A board member or employee is involved in making a contract if he/she participates in the development of specifications or terms of the contract or participates in the preparation or award of the contract. A board member or employee derives a direct benefit from a contract if the board member or employee or his/her spouse does any of the following: (1) has more than a 10 percent ownership or other interest in an entity that is a party to the contract; (2) derives any income or commission directly from the contract; or (3) acquires property under the contract.
- Non-School Employment
- Non-school employment is regarded as employment for compensation that is not within the duties and responsibilities of the employee’s regular position with the school district. The board recognizes that some employees may, on their own time, pursue additional compensation. Any such employee will not engage in the following:
- a. non-school employment which adversely affects the employee's availability or effectiveness in fulfilling job responsibilities;
- b. work of any type where the sources of information concerning customer, client or employer originates from any information obtained through the school district;
- c. work of any type that materially and negatively affects the educational program of the school system;
- d. work of any type that prevents the employee from assuming emergency duties required by the regular work position;
- e. any type of private business using district facilities, equipment or materials, unless prior approval is provided by the superintendent; or
- f. any type of private business during school time or on school property.
- The superintendent may grant prior approval for work performed under subsections e and f above if such work enhances the employee’s professional ability or professional growth for school-related work. The superintendent may establish reporting procedures to require employees to notify the school district of any nonschool employment.
- Tutoring for Pay
- Any teacher may enter into an agreement with parents for tutoring students for a fee, but this practice must be limited to students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility. Tutoring for a fee may not take place during regular school hours or on school grounds. School supplies may not be expended in tutoring provided for a fee.
- The board is not involved in setting tutoring fees or in tutoring contracts. Fees should be mutually agreed upon by parents and teachers.
- Each school office may maintain a list of tutors in the geographic area of the school system. A designated place for the list will be established at each school. Any teacher wanting to submit his/her name for the list may do so. The list will be made available to any person interested in securing tutoring services.
RECEIPT OF GIFTS
No gifts from any person or group desiring or doing business with the school district will be accepted by a school employee except for nominally valued instructional products or advertising items which are widely distributed.
Legal References: G.S. 14-234 and -234.1; 115C-47(18)
Cross References: Board Member Conflict of Interest (policy 2121)
Adopted: May 19, 1997Revised: July 9, 2007