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227 – Conflicts Of Interest

Members of the Board, as elected officials, are bound to serve the public’s interests. Board members must be able to make decisions objectively. No member of the Board shall:

l. Be an employee of the District.

2. Receive compensation from the District, but may receive reimbursement of actual and necessary expenses incurred in the performance of official duties.

3. Appoint a relative within the third degree of consanguinity or affinity to a paying position unless it is first approved by the Board.

4. Be an agent for a textbook or a school supply company.

5. Have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, or for the performance of services with the District. However, it shall not be a conflict of interest for a Board member to have a contract with the District for the purchase of goods or services which benefit the member, if the benefit to the member does not exceed $2,500 in a fiscal year or if the contract is made upon competitive bid in writing, publicly invited and bid.

6. Engage in any outside employment or activity which is in conflict with the member’s official duties and responsibilities. Situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to:

(a) The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the Board member or member of the Board member’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 a Board member.

(b) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the Board member or a member of the Board member’s immediate family from anyone other than the state or the school district for the performance of any act that the Board member would be required or expected to perform as part of the Board member’s regular duties or during the hours in which the Board member performs service for the school district.

(c) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the Board member during the performance of the Board member’s duties of office or employment.

If the outside employment or activity is employment or activity in (a) or (b) above, the Board member must cease the employment or activity. If the activity or employment falls under (c), then the Board member must:

Cease the outside employment or activity; or

Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect 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.

It shall be the responsibility of each Board member to be aware of an actual or potential conflict of interest. It shall also be the responsibility of each Board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a Board member should not participate in any action relating to the issue from which the conflict arose.

Date of Revision: February 25, 2002

Legal References: Chapter 68B, 71.1, 277.27, 279.7A, 279.32, 301.28, 721.2(3) 721.11, Code of Iowa


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