DJ ©
PURCHASING  ETHICS

Governing  Board

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.

The Governing Board may provide food and beverages at School District events, including official school functions and trainings, as allowed by the Arizona Constitution, laws pertaining to travel and subsistence, gifts, grants (including federal grants), or devises, and policies of the Department of Education.

Personal  Gift  or  Benefit

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 who 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 of 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.

Definitions

For the purpose of this policy, a gift or benefit means a payment, distribution, expenditure, advance, deposit or donation of monies, any intangible personal property or any kind of tangible personal or real property.  A gift or benefit does not include an item of nominal value such as a greeting card, t-shirt, mug or pen.  A gift or benefit does not include food or beverage, or expenses or sponsorships relating to a special event or function to which individuals involved in procurement and purchasing are invited. 

Reprisals

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.

Adopted:  November 20, 2005

LEGAL REF.:
A.R.S.
15-213
15-323
15-341
15-342
38-501 to 38-511
A.A.C.
R7-2-1001 to R7-2-1003
R7-2-1308
Article IX, section 7, Constitution of Arizona
Policies adopted by the Department of Education

CROSS REF.:
DJE - Bidding/Purchasing Procedures
GBEAA - Staff Conflict of Interest