DJPURCHASING
DJ(Purchasing Ethics Policy)
The District's Governing Board members and employees shall not use their offices or positions to receive any valuable things or benefits that would not ordinarily accrue to them in the performance of duties if the things or benefits are of such value or character as to manifest a substantial and improper influence upon the performance of their duties.
A person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or a person who supervises or participates in the planning, recommending, selecting or contracting for materials, services, goods, construction, or construction services of a school district or school purchasing cooperative is guilty of a Class 6 felony if the person solicits, accepts or agrees to accept any personal gift or benefit with a value of three hundred dollars ($300) or more from a person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with the school district or school purchasing cooperative. Soliciting, accepting or agreeing to accept any personal gift or benefit with a value of less than three hundred dollars ($300) is a Class 1 misdemeanor.
Any person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with a school district or school purchasing cooperative that offers, confers or agrees to confer any personal gift or benefit with a value of three hundred dollars ($300) or more on a person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or on a person who supervises or participates in planning, recommending, selecting or contracting for materials, services, goods, construction or construction services for a school district or school purchasing cooperative, is guilty of a Class 6 felony. Offering, conferring or agreeing to confer any personal gift or benefit with a value of less than three hundred dollars ($300) is a Class 1 misdemeanor.
For the purpose of this policy a gift or benefit means a payment, distribution, expenditure, advance, deposit or monies, any intangible personal property, or any kind of tangible personal or real property. A gift or benefit does not include food or beverage, expenses or sponsorships related to a special event or function related to individuals identified in this policy, nor does this include an item of nominal value such as a greeting card, T-shirt, mug or pen.
A District employee who has control over personnel actions may not take reprisal against a District employee or that employee's disclosure of information that is a matter of public concern, including a violation of District policy or laws/regulations governing the District.
No school official, teacher, employee, or Governing Board member shall:
● Obligate District funds without first securing an approved agreement and/or purchase order. The employee may be held personally liable for unauthorized purchases.
● Accept, take or convert to one's own use, products or services of any kind in the course of, or as the result of, the inspection of such products or services.
● Use one's position to solicit, directly or indirectly, from any person who sells to the School District, the purchase of supplies, services or equipment at special discounts, for private use.
● Be a vendor or serve as an agent promoting the interests of any organization which transacts or attempts to transact business with the School District.
● Directly or indirectly provide estimates or any business service or information, not available to all prospective bidders, to any person bidding or expecting to bid on a contract with the School District.
● Purposefully exclude any qualified, responsible vendor from submitting a bid in conjunction with good business practices.
● Accept or recommend acceptance of bids which do not meet or exceed identified specifications.
● Open bids or other correspondence except in the manner prescribed by state statutes, Board policy, and good business practice.
This policy should not be construed to prohibit District Governing Board members and employees from accepting inexpensive novelty advertising items and holiday gifts or occasional business meals.
Adopted: June 5, 2019
LEGAL REF.:
A.R.S.
15-213
15-323
38-503
38-504
CROSS REF.:
DJE - Bidding/Purchasing Procedures
GBEAA - Staff Conflict of Interest