DATE ISSUED: 7/11/ of 5 LDU DBD(LOCAL)-X

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1 Note: For conflicts of interest and gifts and gratuities related to federal grants and awards, see CB and CBB. All employees shall avoid any conflict between their personal interests and the interests of the District in dealing with suppliers, customers, and all other organizations or individuals doing or seeking to do business with the District. The Superintendent of Schools shall develop regulations that ensure that employees have no conflicts of interest. DISCLOSURE POTENTIAL CONFLICT OF INTEREST BUSINESS ENTITY REAL PROPERTY SUBSTANTIAL INTEREST BUSINESS ENTITY Individuals shall avoid any situation that would result in their having a pecuniary or material interest in firms or corporations doing business with the District. Any employee who believes he or she may be in violation of the conflict of interest policy shall inform the Superintendent of Schools, who shall attempt to resolve the conflict. Should the Superintendent of Schools be unable to settle the issue, the Superintendent of Schools shall request that the General Counsel or the Office of Professional Responsibility review the activity and determine whether or not the situation constitutes a violation of the conflict of interest policy. Employees who write books or instructional materials that are purchased by the District may not accept the profits or royalties from such sales. The profits or royalties must be submitted to a scholarship or other nonprofit fund. A potential conflict of interest exists if a person has a substantial interest in a business entity that would experience an economic effect by an action of the Board or the District distinguishable from its effect on the public. A potential conflict of interest exists if a person has a substantial interest in real property for which it is reasonably foreseeable that an action of the Board or the District will have an economic effect on the value of the property distinguishable from its effect on the public. A person has a substantial interest in a business entity if one of the following exists: 1. Ownership of ten percent or more of the voting stock or shares of the business entity. 2. Ownership of ten percent or more of the fair market value of the business entity. 3. Ownership of $15,000 or more of the fair market value of the business entity. DATE ISSUED: 7/11/ of 5 -X

2 4. Funds received from the business entity exceeding ten percent of the person s gross income for the previous year. REAL PROPERTY SPECIFIC DISCLOSURES SUBSTANTIAL INTEREST AFFIDAVIT AFFIDAVIT DISCLOSING INTEREST IN PROPERTY DISTRICT CONFLICTS DISCLOSURE STATEMENT ANNUAL FINANCIAL MANAGEMENT REPORT FINANCIAL INTEGRITY A person has a substantial interest in real property if the person has an equitable or legal ownership with a fair market value of at least $2,500. If a person has any of the above potential conflicts of interest, he or she shall complete (EXHIBIT) A and submit accordingly. The Superintendent of Schools and any other employee who is in a position to affect a financial decision involving any business entity or real property in which the employee has a substantial interest, as defined by Local Government Code , shall be required to file an affidavit disclosing the nature of the interest. The disclosure includes a member of the employee s family within the first degree by consanguinity or affinity. [See (EXHIBIT)] The affidavit shall be filed with the Superintendent of Schools, Board President, or a designee prior to the award of a contract or authorization of payment by the District. The Superintendent of Schools and any other District employee who has a legal or equitable interest in property that is to be acquired with public funds shall be required to file an affidavit disclosing interest in property in accordance with Government Code The District s conflicts disclosure statement filing requirements shall extend to a member of the Superintendent of Schools family within the first degree by consanguinity or affinity. [See (EXHIBIT)] The Superintendent of Schools, as the executive officer of the District, shall provide in a timely manner to the District information necessary for the District s annual financial management report. [See BR(LEGAL) and BBFA(LEGAL)] The use of District funds or assets for any unethical purpose is prohibited. No undisclosed or unrecorded fund or asset of the District shall be maintained or established for any purpose. No false entries shall be made on the books or records of the District for any reason. No documents shall be altered nor shall those lacking proper authority sign them. No payment on behalf of the District shall be made or approved with the understanding that it will be used, or might be used, for something other than the stated purpose. The District s financial books, records, and statements shall properly document all assets and liabilities, shall accurately reflect all transactions of the District, and shall be retained in accordance with the District s record retention policies and all applicable laws DATE ISSUED: 7/11/ of 5 -X

3 and regulations. [See CPC(LEGAL); BBFA series; BBFB(LEGAL); and (LEGAL)] BUSINESS COURTESIES GOVERNMENT OFFICIALS RELATIONSHIPS WITH VENDORS E-RATE PROGRAM PARTICIPANTS RELATIONSHIPS WITH STUDENTS / PARENTS District employees shall adhere rigidly to all laws, rules, and regulations pertaining to government employee gratuities. It is against the law and District policy for an employee to offer or provide anything of value to the Board members and other state/local government officials for the purpose of obtaining or rewarding favorable treatment. Employees are prohibited from accepting anything of value or benefit including but not limited to entertainment, travel, food, and lodging from any person or entity the employee knows is interested in or likely to become interested in any contract, purchase, payment, claim or transaction with the District beyond an aggregate from the person or entity of $50 or more in any one year to an individual employee. This provision shall not apply to gifts, things of value, benefits received because of kinship, or benefits or things of value to which the employee is lawfully entitled or for which the employee gives legitimate consideration in a capacity other than as a District employee. A full-time central staff employee at pay grade 7 and above and all campus leadership, or an employee who influences buying is prohibited from working, as an employee or otherwise, for any person or entity, other than another public entity or an accredited institution of higher education, that the employee knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction with the District. This provision shall not apply to honoraria or expenses authorized by Texas Penal Code Section Violation of this policy may be grounds for termination. To comply with government regulations, District employees may not accept any benefit from a company or from an agent or affiliate of a company that offers qualified investment products under the 403(b) plan. [See CAA, CB, and CBB] District employees shall follow the guidelines provided in the E-rate Compliance Policy and regulations regarding conflicts of interest and accepting gifts or other things of value from service providers, consultants, or other E-rate Program participants. [See CAA] An employee shall refuse a gratuity or courtesy/gift for preferential treatment or improved grades offered by a District student or parent/guardian. Where refusal is not possible, the employee shall report the offer or receipt of a gift to his or her supervisor, who will DATE ISSUED: 7/11/ of 5 -X

4 contact the Superintendent of Schools or designee. Gratuities received will be catalogued and retained by the District for use and enjoyment by all employees or donated to an appropriate charity. FORMER SUPERINTENDENTS AND OTHER SENIOR LEVEL EMPLOYEES ALL DISTRICT EMPLOYEES CONFLICT OF INTEREST DEFINED Former senior level employees, including the Superintendent of Schools, Chiefs, Executive Directors, and Directors or equivalents thereto shall not make any communication to or appearance before a current committee, Superintendent of Schools, principal, or employee of the District before the two-year anniversary of the date the former employee ceased to be the Superintendent of Schools, Chief, Executive Director, or Director if the communication is made: 1. With the intent to influence; or 2. On behalf of any person in connection with any matter on which the former Superintendent of Schools, Chiefs, Executive Directors and/or Directors, seeks action by the District. [See CHE and CH] Any person who has been employed as a full-time employee of the District may not perform services for the District for compensation as a vendor or consultant or on behalf of a vendor or consultant for 18 months after the termination of the person s employment relationship with the District. This restriction does not apply to former employees who are hired as classroom teachers, campus based professional employees, or campus principals. A conflict of interest is any circumstance that could cast doubt on an employee s ability to act with total objectivity with regard to the District s interests. The employee s loyalty to the District must come easily, free from any conflicting interests. No employee, officer, or agent of the District shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. A conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a substantial financial or other interest in the firm selected for an award. All District employees shall avoid employment, financial, business, social, or other relationships that might be opposed to the interests of the District or might create the appearance of impropriety, or might cause a conflict with the performance of their duties. Employees shall at all times conduct themselves in a manner that avoids even the appearance of conflict between their personal interests and those of the District. DATE ISSUED: 7/11/ of 5 -X

5 Conflict of interest situations may arise in many ways. Examples include, but are not limited to, the following: 1. Employment with a vendor/contractor, regardless of the nature of the employment, while employed by the District. 2. Contract award with a vendor in which an employee or his or her family have a substantial ownership or management interest. 3. Ownership of, or substantial interest in, a company that is a supplier of the District. 4. Acting independently as a consultant to a District supplier. 5. Accepting expense-paid invitations to sports or entertainment events from a long-time friend who is also a District vendor. 6. Socializing with vendors or persons interested in doing business with the District under circumstances that create the appearance of impropriety. Any employee who may have a conflict situation, actual or potential, shall report all pertinent details in writing to his or her supervisor. If the proper resolution is not apparent to the supervisor, the supervisor shall refer the matter to the Superintendent of Schools or designee for resolution. If a conflict of interest develops accidentally or unexpectedly, the matter shall be reported to the supervisor immediately. TUTORING OR PRIVATE INSTRUCTION ADOPTION OR LAST AMENDED DATE A District teacher, whether part time or full time, may contract to give instructional or tutorial services for pay after school hours, including Saturdays, to any District student except a student to whom the teacher is currently providing direct instruction or tutorial services. A District teacher, whether part time or full time, shall not privately tutor his or her own student for pay except during summer vacation. This policy was last adopted or amended on June 23, DATE ISSUED: 7/11/2016 ADOPTED: 5 of 5 -X