Conflict of Interest Policy

 

 

Purpose:

This Policy describes the process by which Soldier Hollow Charter School identifies, evaluates and manages financial conflicts of interest of individuals without violating its central missions. It uses disclosure as the key mechanism to bring potential financial conflicts of interest to light for evaluation and possible oversight. This Policy also identifies types of financial conflicts of interest in which individuals are not allowed to engage because they would be in violation of law or are judgedto be in violation of its central missions.

No employee shall violate provisions of the Utah Public Officer’s and Employees’ Ethics Act or provisions of Soldier Hollow Charter School Purchasing policy. Situations where a conflict of interest may exist include but are not limited to:

  • Receiving economic benefit from selling or promoting the sale of goods or services to the students or their parents where the knowledge of the staff member’s relationship to Soldier Hollow Charter School is in any way utilized to influence the sale.
  • Receiving economic benefit from the sale of instructional and training materials and/or equipment where Soldier Hollow Charter School has specifically engaged a staff member(s) to develop such materials or equipment. In such instances, Soldier Hollow Charter School will retain a proprietary interest.
  • Encouraging a student who is enrolled in one or more of the teacher’s classes to take private lessons or to engage tutoring for fee from the staff member.
  • Using or providing for others a list of names and home addresses obtained from school records or school – related contacts for purposes of identifying potential client or customer contacts.
  • Participating in any way in the selection process for materials, books or equipment when an item developed by or authored by the staff member or a member of his/her family is under consideration for approval for school use.
  • Direct involvement in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a family member or life partner.  Family includes spouse, siblings, children, parents/parents – in – law or any other individual who is a member of the household.
  • Using email to promote sales of a product in which a staff member has a financial interest.
  • Providing a staff or student directory for use in promoting sales of a product or service.
  • Purchasing or otherwise acquiring surplus school property, where the staff member was involved in or had influence in the process of declaring the item(s) as surplus.
  • Engaging in secondary employment while on sick leave, Family Medical Leave Act (FMLA) leave, hourly paid leave (HPL) or Paid Time Off (PTO) without prior approval from the School Board.
  • Providing services to Soldier Hollow Charter School as a Vendor or Independent contractor when employed by Soldier Hollow Charter School in the same or similar capacity.

Outside Employment

Employees of the Soldier Hollow Charter School may engage in secondary employment or receive compensation for work performed in addition to their employment with the Soldier Hollow Charter School subject to the following conditions:

  1. Secondary employment or hours may not conflict with school duties.
  2. Secondary employment must not interfere with the efficient performance of the employee’s school position, duties, and functions;
  3. Secondary employment must not conflict with the interests of the Soldier Hollow Charter School;
  4. Secondary employment must not give reason for criticism or appearance of conflicting interests or duties;
  5. Secondary employment shall not require the employee to use his/her position or any influence, power, authority, or confidential information they receive in that position, or state time, equipment, property, or supplies for private gain;
  6. If secondary employment is occasional, non-substantive, and unrelated to school employment, it may be excluded unless there is a potential conflict.

Nepotism

  1. Soldier Hollow Charter School believes all employees should be competitively selected on the basis of qualifications. Soldier Hollow Charter School adheres to the Nepotism Act regarding appointing and supervising relatives. Soldier Hollow Charter School also exercises their right to incorporate other good management practices by extending these prohibitions to include those persons with whom there is a close, personal relationship, and any companies where such individuals or relatives are employed or have any ownership. It also discourages hiring of relatives or others with whom there is a close personal relationship in the same school or department.  Employees must recuse themselves from hiring or selection committees if family members or close personal friends are applicants.  This policy applies to permanent and temporary employees.
  2. The state’s Nepotism Act states: “No public officer may employ, appoint, or vote for or recommend the appointment of a relative in or to any position or employment, when the salary, wages, pay, or compensation of the appointee will be paid from public funds and the appointee will be directly supervised by a relative . . .”
  3. Reference (a) defines a relative as “father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law.” Reference (b) also includes grandchildren, grandparents, spouse’s grandparents, step-children, step-parents, step-grandparents, spouse’s step-grandparents, step-sisters and step-brothers under the definition of immediate family. For this policy, the definition of a relative is a combination of (a) and (b).
  4. Soldier Hollow Charter School requires disclosure of the relationship before hire, transfer or promotion to a position atSoldier Hollow Charter School. Hiring relatives may be approved if there is no working relationship between them that might reasonably give rise to criticism or conflict of interest. Principal and Board will evaluate such hiring decisions on a case-by-case basis.
  5. During the initial interview, hiring officials shall ask applicants to declare if they have relatives or others with whom there is a close personal relationship working in the same school or department, if an ongoing working relationship may occur. If the applicant has a relative currently working in the school or department, approval from the Board is required before making an offer of employment.
  6. Any applicant who withholds or gives false information regarding personal relationships may be terminated. A supervisor who knowingly violates this policy is subject to disciplinary action.
  7. Employees working within the same school or department who marry may be reassigned at the discretion of the principal or School Board. If the Nepotism Act is violated by a marital relationship, employees will be reassigned or terminated.
  8. Supervisors shall not supervise individuals where there may be a conflict of interest, including conflicts that arise from personal relationships.

Use of School Assets

No school employee may employ or use any person, money, or school property under the employee’s official control or direction for the private gain of that employee or another.

However, a school employee may use public resources to benefit others as part of the employee’s official duties, if the expenditure is of little or no value, there no impact on public funds and is purchased with the consent of his/her supervisor.

Legal References:

Utah Code 17B-1-110Compliance with nepotism requirements

Utah Code 76-8-109Failure to Disclose Conflict of Interest

Title 52 Chapter 3 Public Officers Prohibiting Employment of Relatives

Title 67 Chapter 16Utah Public Officer’s and Employees’ Ethics Act

Approved by Board of Education:

 

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