GBEAA
STAFF  CONFLICT  OF  INTEREST

Employment  of  Close  Relatives

No person employed by the District may be directly supervised by a close relative "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of the whole or half blood and their spouses and the parent, brother, sister or child of a spouse.  

A dependent of a Board member (a person who is substantially supported by or resides with a Board member) cannot be hired in the District except by consent of the Board.  The spouse of a Board member cannot be employed by the District.

Conflict  of  Interest

Any employee who has, or whose relative has, a substantial interest in any decision of the District shall make known this substantial interest in the official records of the District, and shall refrain from participating in any decision of the District involving the substantial interest.

"Make known" means the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest in the official records of the District.  The filing shall be maintained in the special file established pursuant to A.R.S. 38-509.

In the Litchfield Elementary School District (LESD), an employee shall submit the conflict of interest disclosure form Governing Board Policy Exhibit GBEAA-E to the Director of Purchasing.

Refrain from participating in any manner means more than just refraining from making a final decision for the District.  It means participating in any way in the process leading up to a decision.  An employee with a conflict of interest must not make recommendations, give advice, or otherwise communicate in any manner with anyone involved in the decision-making process at the District.

See Regulation GBEAA-R for additional definitions.

Vendor  Relations

No employee of the District will accept a gift or benefit from any person, group, or entity doing, or desiring to do, business with the District as described in Governing Board Policy DJ - Purchasing (Purchasing Ethics Policy).  The acceptance of any business-related gratuity, gift or benefit is specifically prohibited, except for widely distributed, advertising items of nominal value.

This policy should not be construed to deem unacceptable inexpensive novelty advertising items of general distribution, such as greeting cards, mugs, pens, or t-shirts. Acceptance of business meals and holiday gifts for general consumption are acceptable under this policy.

District  Purchases
from  Employees

The District must comply with competitive purchasing rules for any acquisition of goods or services from District employees regardless of the dollar amount.  The District may acquire equipment, material, supplies, or services from its employees only under an award or contract let after public competitive bidding [A.R.S. 38-503; A.G.O. I06-002].  The requirement applies to any purchase using District monies, including extracurricular activities fees, tax credit contributions, and monies held in trust by the District such as student activities monies, when a District employee acts as the vendor.  Oral and written quotations do not satisfy the public competitive bidding requirements.

Employee  Training  and  Acknowledgement
of  Understanding

The Governing Board may require annual employee training to ensure District conflict of interest policies are communicated to employees and acknowledged as received and understood.  Each employee shall complete and sign the conflict of interest form, Governing Board Policy Exhibit GBEAA-E, as determined by the District and return to the Director of Purchasing.

Conflict of Interest Disclosure Requirements:

A.  Each and every employee of the District must file a Conflict of Interest Disclosure, in the form of LESD Governing Board Policy Exhibit GBEAA-E, at least annually, and must attest either that the employee has no conflict or alternatively must identify any existing conflict.  

B.  In addition to annual disclosure, if a new conflict arises, it is the responsibility of each and every employee to notify, update and submit to the District's Director of Purchasing within fifteen (15) calendar days, LESD Governing Policy Exhibit GBEAA-E.

The District will investigate allegations of inadequate disclosure of substantial interests and/or inappropriate participation by an employee when a substantial interest may exist.

The failure of an employee to comply with these conflict of interest disclosure requirements may result in discipline, up to and including termination of employment. 

Adopted:  April 9, 2019

LEGAL REF.:
A.R.S.
15-323
15-421
15-502
38-481
38-501 et seq.
38-502
38-503
A.G.O.
I83-111
I03-005
I06-002
Attorney General Arizona Agency Handbook, Appendix 8.1,
   Conflict of Interest Disclosure Memorandum

CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Purchasing
DJE - Bidding/Purchasing Procedures
GBP - Prohibited Personnel Practices