5251 Conflicts of Interest
CONFLICTS OF INTEREST
The purpose of this policy is to provide guidance on activities that may constitute a conflict of interest, but is not designed to be exhaustive. Regardless of whether a particular activity is specifically addressed within this policy, district employees including those on any form of paid or unpaid leave from a position of employment with the district shall inform their supervisors in writing of all reasonably foreseen potential or actual conflicts of interest.
A conflict of interest is any situation in which a district employee, either for himself/herself or some other person(s), promotes or attempts to promote a private or personal interest, which results in or appears to result in the following:
- An interference with the objective exercise of his/her district duties; and/or
- A gain or an advantage by virtue of his/her position in the district.
Employees shall not engage in nor have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. Such activities where a conflict of interest may exist include, but are not limited to:
- Providing or using student or staff directory information to promote the sales of products or services.
- Receiving economic benefit from selling or promoting the sale of goods or services to district students or their parents where the knowledge of the employee’s position in the district is in any way utilized to influence the sale.
- Receiving economic benefit from the sale of instructional or training materials and/or equipment where the district has specifically engaged a staff member(s) to develop such materials or equipment. In such instances, the district shall retain a proprietary interest.
- Participating in any way in the selection process for materials, books or equipment when an item developed by, authored by, or sold by the employee, a relative of the employee, or a member of the employee's household is under consideration for approval for district use.
- Participating in any way in selecting a vendor of goods or services for the district where the vendor is an employee, relative of the employee, or a member of the employee’s household, or the employee or employee’s relative has a financial interest in the vendor.
- Purchasing goods or services for the district from a vendor, which employs the employee, a relative of the employee, or a member of the employee’s household.
- Using district funds under the employee’s management or control to contract or subcontract with a relative of the employee or a member of the employee’s household or with business in which the employee, a relative of the employee, or a member of the employee’s household has a financial interest.
- Approving pay or other compensation for oneself, a relative of employee, or a member of employee’s household.
- Being involved in the selection of an applicant for employment or in the appointment, evaluation or supervision of a staff member who is a relative or member of the employee’s household.
- Using district communication systems (e.g. telephone, bulletin board, interschool mail, voicemail, or electronic mail) or facilities without a facilities use permit) to promote sales of products or devices in which employee, a relative of the employee, or a member of the employee’s household have a financial interest.
- Purchasing or otherwise acquiring surplus district property, where employee was involved in or had influence in the process of declaring the item(s) as surplus.
- Using district equipment for employee’s personal business or personal use or removing district equipment from district property for personal use; provided however that the use of district facilities as part of a district-authorized program shall not constitute a conflict of interest.
- Except where allowed by contract, accepting an honorarium, payment or gratuity to render a service to a public or educational institution or a business during the employee’s workday. Such honorarium, payment, or gratuity received shall be assigned to the district or may be approved for individual compensation based on additional work provided. It is recognized that some certificated staff may serve as College in the High School instructors and receive compensation for the additional time.
- Encouraging a student who is enrolled in one or more of the employee’s classes or on the employee's caseload to take private lessons or receive therapy or tutoring for fee from the employee, a relative of the employee, or a member of the employee’s household.
Certificated or other staff may engage in tutoring, private instruction, ancillary services (counseling, physical therapy, testing, etc.) and/or other employment outside the established regular school day so long as this activity does not interfere with their contractual duties and responsibilities.
A certificated or other staff member shall not tutor students assigned to his/her class or caseload or provide ancillary services unless approved by the Superintendent or designee. The Superintendent or designee may grant permission for staff to provide ancillary services or tutor students assigned to their class or caseload under the following circumstances:
- The student is not enrolled in a core academic class with the certificated staff member;
- The tutoring or ancillary services are not provided and do not take place during th employee’s contracted workday; and
- The tutoring or ancillary services are not provided in district facilities or with the use of district equipment unless a rental fee is paid.
Any violation of this policy by an employee may result in disciplinary action, up to and including termination of employment from the district, and a report to the Office of Professional Practices.
No person shall be employed by the district who is the spouse, registered domestic partner, or dependent of any member of the Board of Directors or the Superintendent except as authorized by RCW 42.23.030.
Cross References:
- Board Policy 1610 Conflicts of Interest
- Board Policy 5253 Maintaining Professional Staff/Student Boundaries
Legal References:
- RCW 42.23.030 Interest in contracts prohibited – Excepted cases
- WAC 181-87-090 Improper remunerative conduct
Management Resources:
- 2015 – October Policy Issue
Adoption Date: 04.90
Stanwood-Camano School District
Revised: 09.18.12; 09.06.16