449 – Conflicts Of Interest

No employee shall engage in any outside employment or activity which is in conflict with the employee’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 employee or member of the employee’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated employees 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.

(b) 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 state or the school 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 in which the employee 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 employee during the performance of the employee’s employment.

If the outside employment or activity is employment or activity in (a) or (b) above, the employee must cease the employment or activity. If the activity or employment falls under (c), then the employee 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 employee to be aware of an actual or potential conflict of interest. It shall also be the responsibility of each employee to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, an employee should not participate in any action relating to the issue from which the conflict arose.

Date of Adoption: December 13, 1993

Legal References: Chapter 68B, 71.1, 277.27, 279.7A, 301.28, 721.11, Code of Iowa


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