It shall be considered a conflict of interest if an employee uses his/her position with the district for financial gain.
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the Superintendent. If the approval of the Superintendent is given, the employee must conduct the solicitations within the conditions set by the Superintendent. Further, the Superintendent may require the employee to cease such solicitations as a condition of continued employment.
Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees shall 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.
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 white the employee performs services 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:
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- 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.
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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 shall not participate in any action relating to the issue from which the conflict arose.
- First Adoption:
- 2003-04-28
- Reviewed Dates:
- April 24, 2016/ November 11, 2018/ August 6, 2023
- Legal Reference:
- Chapter 68B, 71.1, 279.8, 301.28, 721.11, Code of Iowa