1610 - Conflicts of Interest Policy

Policy 1610

THE BOARD OF DIRECTORS 

Conflicts of Interest 

This policy shall apply to all elected and appointed officers of the Pasco School District No. 1, including members of the board of directors and the superintendent, together with all deputies and assistants thereto (hereinafter “officer”). 

I. Use of Position 

A. No officer may request or receive, directly or indirectly, anything of value for or on account of his or her influence with respect to any act or proceeding of the school district when such act or proceeding shall inure to the benefit of those offering or giving the thing of value. 

B. The following acts are prohibited by law: 

1. No officer may use his or her position to secure special privileges or exemptions for himself, herself or others. 

2. No officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward or gratuity from a source except the district for a matter connected with or related to the duties of his or her official position unless otherwise provided for by law. 

3. No officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position or duties to disclose confidential information acquired by reason of his or her official position. 

4. No officer may disclose confidential information gained by reason of the officer’s position nor may the officer otherwise use such information for his or her personal gain or benefit. 

II. Interest in Contracts 

A. No officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of the officer, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any person beneficially interested therein.  This Section C shall not apply in the following cases: 

1. The designation of a school director as clerk or as both clerk and purchasing agent of the district; 

2. The award of any contract, purchase of materials or activity paid for from school funds in which the total amount received under the contract or contracts by the officer or his or her business does not exceed $1,500 in any calendar month. 

3. The award of any employment contract to the spouse of an officer to be employed as a substitute teacher, provided that: 

a. The employment shall be on the same terms and at the same compensation as other substitute teachers in the district; and 

b. The superintendent shall find that the number of qualified substitute teachers in the district is insufficient to meet the anticipated needs for short-term and one-day substitute teachers; and 

c. The superintendent must ensure that substitute teachers are assigned to available positions in a fair and impartial manner. 

4. The award of any employment contract to the spouse of an officer if the spouse was under contract as a certificated or classified employee with the district before the date in which the officer assumes office and provided that the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district. 

B. An officer may not vote in the authorization, approval or ratification of a contract in which he or she is beneficially interested, even though one of the exemptions allowing the awarding of such a contract, as set forth in this policy applies. 

The interest of the officer must be disclosed to the board of directors and noted in the official minutes of the board before the formation of the contract. 

C. This policy recognizes that responsible citizens may possess certain remote interests without effect on the good faith performance of their duties as school directors and officers of the district. 

1. As used in this Section E, a “remote interest” means: 

a. That of a non-salaried officer of a nonprofit corporation; 

b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 

c. That of a landlord or tenant of a contracting party; 

d. That of a holder of less than one (1) percent of the shares of a corporation or cooperative which is a contracting party. 

2. An officer is not interested in a contract within the meaning of this policy if: 

a. The officer has only a remote interest in the contract; and 

b. The extent of the remote interest is disclosed to the school board; and 

c. The extent of the remote interest is noted in the official minutes of the school board prior to any vote to formalize the contract; and 

d. Thereafter the school board authorizes, approves or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of any officer having a remote interest. 

3. PROVIDED THAT none of the provisions of this section are applicable to any officer interested in a contract, even if the officer’s interest is only remote, if the officer influences or attempts to influence any other member of the school board or officer to vote for or enter into the contract. 

D. The superintendent shall maintain a log of any contract subject to this policy, including those contracts awarded under Section C(2) above.  The superintendent shall, annually or when a new director assumes office, inform the board of the existence of all such contracts.  The log shall be available for public inspection. 

Legal Reference: 
RCW  28A.405.250    Certificated employees, applicants for certificated position, not to be discriminated against 
28A.635.050    Certain corrupt practices of school officials- Penalty          
Chapter 42.23    Code of Ethics for Municipal Officers – Contract Interests
Chapter 42.17    Reporting of Public Official’s Financial Affairs 

Adoption Date:    February 1, 2005