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400.27 Employee Conflict of Interest

Employees’ use of their position with the District for financial gain is a conflict of interest and may subject employees to disciplinary action.

No employee may solicit other employees or students for personal or financial gain without the approval of the Superintendent/designee. If the Superintendent/ designee grants approval, the employee may only conduct solicitations within the conditions set by the Superintendent/designee. The Superintendent/designee may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees may not act as agents and/or dealers for the sale of textbooks or other school supply companies doing business with the District. Employees will not participate for personal financial remuneration in outside activities wherein their staff position is used to sell goods or services to students or to parents. Employees will 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 district.

It will 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. Impermissible conflicts of interest include, but are not limited to, situations where the following condition(s) are met:

  1. The outside employment or activity involves the use of the District’s time, facilities, equipment and supplies or the use of the District’s badge, uniform, business card or other evidences of office to give the employee or the employee’s immediate family an advantage or pecuniary 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 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 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 District.
  3. The outside employment or activity is subject to the official control, inspection, review, and 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 of or activity. If the activity or employment falls under (3), then the employee must:

  • Cease the outside employment or activity; or,
  • Publicly disclose the conflict’s existence and refrain from taking any official action and/or performing any official duty that would detrimentally affect and/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.

Employees are responsible for being aware of and take the necessary action to eliminate potential conflicts of interest.

Legal Reference:
Iowa Code §§ 20.7; 68B; 279.8; 301.28.

Cross Reference:
202.60 Conflicts of Interest
400.06 Gifts to Employees
400.27 Employee Conflict of Interest
400.15 Employee Conduct and Appearance

Adopted:
June 21, 2010

Reviewed:
February 15, 2016

March 22, 2021

Revised:
February 15, 2016

March 22, 2021