EMPLOYEE CONFLICT OF INTEREST
Employees use of their position with the school district for financial gain shall be
considered a conflict of interest with their position as employees and may subject
employees to disciplinary action.
No employee earning more than one hundred fifty thousand dollars annually in salary and
benefits may enter into any contract, agreement, or understanding on the district’s behalf
that may cause financial benefit to the employee, a member of the employee’s immediate
family, or a business with which the employee is associated, without prior full disclosure
of the conflict to the board, and without prior approval by the board.
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 or employee’s spouse 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 immediately cease such
solicitations as a condition of continued employment.
Employees shall not act as an agent or dealer for the sale of textbooks or other school
supplies. 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 school district.
It shall also be a conflict of interest for an employee to engage in any outside
employment or activity which is in conflict with the employee's official duties and
responsibilities. In determining whether outside employment or activity of an employee
creates a conflict of interest, situations in which an unacceptable conflict of interest shall
be deemed to exist shall include, but not be limited to, any of the following:
1. The outside employment or activity involves the use of the school district's time,
facilities, equipment and supplies or the use of the school district's badge, uniform,
business card or other evidences of office to give the employee or the employee's
immediate family an advantage or monetary 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 an
employee who is employed by the school district.
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 school 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 during which the employee performs
service or work for the school 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 duties.
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:
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 shall be the responsibility of each employee to be aware of and take the necessary
action to eliminate a potential conflict of interest should it arise.
Legal Reference: NDE Rule 27.004.03F
Cross Reference: 202.02 Board Member Conflict of Interest
403.04 Gifts to Employees
403.06 Employee Outside Employment
