I.   Conflict of Interest
No district employee will attempt to use their district position to obtain financial gain or avoidance of financial detriment themselves, relatives, members of household or for any business with which the employee, a household member or relative is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the district employee’s employment with the district.

“Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, or any other legal entity operated for economic gain.  “Business with which the employee or a relative is associated” means: (1) any private business or closely held corporation of which an employee or relative is a director, officer, owner, employee, or agent; (2) any private business or closely held corporation in which an employee or relative owns or has owned stock, another form of equity interest, stock options, or debt instruments worth $1,000 or more at any point in the preceding year; (3) any publicly held corporation in which an employee or relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options, or debt instruments at any point in the preceding calendar year; and (4) any publicly held corporation of which an employee or  relative is a director or officer.

This prohibition does not apply to any part of an official compensation package as approved by the Board, honorarium, reimbursement of expenses, or unsolicited awards of professional achievement.  Further, this prohibition does not apply to gifts from one without a legislative or administrative interest.  Nor does it apply if the gift is under the $50 gift limit for one who has a legislative or administrative interest in any matter subject to the decision or vote of the district employee.

The employee may receive district or school logo apparel as part of the employee’s official compensation package.

District employees will not engage in, or have a personal financial interest in, any activity that raises a reasonable question regarding use of their official position in regards to their duties and responsibilities as district employees. This would also apply to any personal financial benefit for the district employee’s relative or member of household of the employee, or any business with which the district employee or a relative or member of the household of the district employee is associated.

This means that:

1. Employees, relatives or members of the district employee’s household will not use the employee’s position to obtain financial gain or avoidance of financial detriment from students, parents or staff;
2. Any device, publication or any other item developed during the employee’s paid time shall be district property;
3. Employees will not further personal gain through the use of confidential information gained in the course of or by reason of position or activities in any way;
4. No district employee may serve on the district Board or district budget committee;
5.  An employee will not perform any duties related to an outside job during his/her regular working hours or during the additional time that he/she needs to fulfill the position’s responsibilities; nor will an employee use any district facilities, equipment or materials in performing outside work unless such employee has utilized the district process for obtaining public building use;
6. If an employee authorizes a public contract, the employee may not have a direct beneficial financial interest in that public contract for two years after the date the contract was authorized.

If a district employee has a potential or actual conflict of interest, the district employee must notify his/her supervisor in writing of the nature of the conflict and request that the supervisor dispose of the matter giving rise to the conflict. This must be done on each occasion the district employee is met with a conflict of interest.

“Potential conflict” of interest means any action, decision, or recommendation by a district employee that could result in the private monetary benefit or detriment to the employee, to relatives, or to a business with which the employee or relatives are associated, unless otherwise provided by law.

“Actual conflict” of interest means any action, decision, or recommendation taken by a district employee that would result in a private monetary benefit or detriment to the employee, to relatives, or to any business with which the employee or relatives are associated, unless otherwise provided by law.

In order to avoid violation of nepotism provisions and district policy, district employees must abide by the following when an employee’s relative or member of the household of the district employee is seeking and/or holds a position with the district:

1. A district employee may not appoint, employ, promote, discharge, fire, or demote or advocate for such an employment decision for a relative or a member of the household, unless he/she complies with the conflict of interest requirements of Oregon Revised Statute (ORS) Chapter 244.  This rule does not apply to employment decisions regarding unpaid volunteer position, unless it is a Board-related position;
2. A district employee may not participate as a public official in any interview, discussion, or debate regarding the appointment, employment, promotion, discharge, firing, or demotion of a relative or a member of the household.  An employee may still serve as a reference, provide a recommendation, or perform other acts that are part of the normal job functions of the employee;
3. More than one member of an employee’s family may be hired as a regular district employee.  In accordance with Oregon law, however, the district may refuse to hire individuals, or may transfer current employees, in situations where an appointment would place one family member in a position of exercising supervisory, appointment or grievance adjustment authority over another member of the same family.

“Member of household” means any person who resides with the employee.

“Relative” means: the spouse[1], parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the employee; or the parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the spouse of the employee.  Relative also includes any individual for whom the employee has a legal support obligation, whose employment provides benefits[2] to the employee, or who receives any benefit from the employee’s public employment.

II.  Gifts
District employees must comply with the following rules involving gifts:

Employees are public officials and therefore will not solicit or accept a gift or gifts with an aggregate value in excess of $50 from any single source in a calendar year that has a legislative or administrative interest in any matter subject to the decision or vote of the district employee.  All gift related provisions apply to the employee, their relatives, and members of their household.  The $50 gift limit applies separately to the employee, and to the employee’s relatives or members of household, meaning that the employee and each member of their household and relative can accept up to $50 each from the same source/gift giver. A gift may be received by the district employee from, but not limited to, another district employee, a student or parent of a student or a vendor within the $50 gift limit. Except for exclusions in ORS 244.040(2), an item received by an employee from the district is prohibited.

“Gift” means something of economic value given to an employee without valuable consideration of equivalent value, which is not extended to others who are not public officials on the same terms and conditions.

“Relative” means: the spouse[3], parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the employee; or the parent, step-parent, child, sibling, step-sibling, son-in-law or daughter-in-law of the spouse of the employee.  Relative also includes any individual for whom the employee has a legal support obligation, whose employment provides benefits[4] to the employee, or who receives any benefit from the employee’s public employment.

“Member of the household” means any person who resides with the employee.

III.      Determining the Source of Gifts
Employees, the employee’s relatives or members of the employee’s household should not accept gifts in any amount without obtaining information from the gift giver as to who is the source of the gift.  It is the employee’s personal responsibility to ensure that no single source provides gifts exceeding an aggregate value of $50 in a calendar year, if the source has a legislative or administrative interest in any matter subject to the decision or vote of the district employee.  If the giver does not have a legislative/administrative interest, the $50 limit does not apply and the employee need not keep track of it, although they are advised to do so anyway in case of a later dispute.

IV.     Determining Legislative and Administrative Interest
A “legislative or administrative interest” means an economic interest distinct from that of the general public, in any action subject to the official decision of an employee.

A “decision” means an act that commits the district to a particular course of action within the employee’s scope of authority and that is connected to the source of the gift’s economic interest.  A decision is not a recommendation or work performed in an advisory capacity.  If a supervisor delegates the decision to a subordinate but retains responsibility as the final decision maker, both the subordinate and supervisor’s actions would be considered a “decision.”

V.      Determining the Value of Gifts
The fair market value of the merchandise, goods, or services received will be used to determine benefit or value.

“Fair market value” is the dollar amount goods or services would bring if offered for sale by a person who desired, but was not obligated, to sell and purchased by one who is willing, but not obligated, to buy.  Any portion of the price that was donated to charity, however, does not count toward the fair market value of the gift if the employee does not claim the charitable contribution on personal tax returns.  Below are acceptable ways to calculate the fair market value of a gift:

1. In calculating the per person cost at receptions or meals the payer of the employee’s admission or meal will include all costs other than any amount donated to a charity.

For example, a person with a legislative or administrative interest buys a table for a charitable dinner at $100 per person.  If the cost of the meal was $25 and the amount donated to charity was $75, the benefit conferred on the employee is $25.  This example requires that the employee does not claim the charitable contribution on personal tax returns.

2.   For receptions and meals with multiple attendees, but with no price established to
      attend, the source of the employee's meal or reception will use reasonable
      methods to determine the per person value or benefit conferred.  The following
      examples are deemed reasonable methods of calculating value or benefit 
      conferred:

a.   The source divides the amount spent on food, beverage and other costs (other
       than charitable contributions) by the number of persons whom the payer
       reasonably expects to attend the reception or dinner;

b.   The source divides the amount spent on food, beverage and other costs (other
       than charitable contributions) by the number of persons who actually attend
       the reception or dinner; or

c.   The source calculates the actual amount spent on the employee.

Upon request by the employee, the source will give notice of the value of the merchandise, goods, or services received.

Attendance at receptions where the food or beverage is provided as an incidental part of the reception is permitted without regard to the fair market value of the food and beverage provided.

VI.     Value of Unsolicited Tokens or Awards: Resale Value
Employees may accept unsolicited tokens or awards that are engraved or are otherwise personalized items. Such items are deemed to have a resale value under $25 (even if the personalized item cost the source more than $50), unless the personalized item is made from gold or some other valuable material that would have value over $25 as a raw material.

VII.    Entertainment
Employees may not accept any gifts of entertainment over $50 in value from any single source in a calendar year that has a legislative or administrative interest in any matter subject to the decision of the employee unless:

1. The entertainment is incidental to the main purpose of another event (i.e. a band playing at a reception).  Entertainment that involves personal participation is not incidental to another event (such as a golf tournament at a conference); or
2. The employee is acting in their official capacity for a ceremonial purpose.

Entertainment is ceremonial when an employee appears at an entertainment event for a “ceremonial purpose” at the invitation of the source of the entertainment who requests the presence of the employee at a special occasion associated with the entertainment.  Examples of an appearance by an employee at an entertainment event for a ceremonial purpose include: throwing the first pitch at a baseball game, appearing in a parade and ribbon cutting for an opening ceremony.

VIII.   Exceptions
The following are exceptions to the ethics rules on gifts that apply to employees.

1. Gifts from relatives and members of the household to the employee are permitted in an unlimited amount; they are not considered gifts under the ethics rules.
2. Informational or program material, publications, or subscriptions related to the recipient’s performance of official duties.
3. Food, lodging, and travel generally count toward the $50 aggregate amount per year from a single source with a legislative/administrative interest, with the following exceptions:

Organized Planned Events.  Employees are permitted to accept payment for travel conducted in the employee’s official capacity, for certain limited purposes:

a.  Reasonable expenses (i.e., food, lodging, travel, fees) for attendance at a convention,
     fact-finding mission or trip, or other meeting do not count toward the $50 aggregate
     amount IF:
     1.  The employee is scheduled to deliver a speech, make a presentation,
          participate on a panel, or represent the district; AND
          1.  the giver is a unit of a:
               i.   Federal, State or local government;
               ii.  An Oregon or federally recognized Native American Tribe; OR
               iii.  Nonprofit corporation
      2.  The employee is representing the district:
           a.  On an officially sanctioned trade-promotion or fact-finding mission; OR
           b.  Officially designated negotiations or economic development activities where
                receipt of the expenses is approved in advance by the superintendent.

          b.   The purpose of the exception in ‘a’ above is to allow employees to attend
                organized, planned events and engage with the members of organizations by
                speaking or answering questions, participating in panel discussions or
                otherwise formally discussing matters in their official capacity.  This exception
                to the gift definition does not authorize private meals where the participants
                engage in discussion

4.   Food or beverage, consumed at a reception, meal, or meeting IF held by an
          organization and IF the employee is representing the district.

“Reception” means a social gathering.  Receptions are often held for the purpose of extending a ceremonial or formal welcome and may include private or public meetings during which guests are honored or welcomed.  Food and beverages are often provided, but not as a plated, sit-down meal.

5.   Food or beverage consumed by employee acting in an official capacity in the
      course of financial transactions between the public body and another entity
      described in  ORS 244.020(6)(b)(I)(i)
6.   Waiver or discount of registration expenses or materials provided to employee
      at a continuing education event that the employee may attend to satisfy a
      professional licensing requirement.

7.   An item received by the employee as part of the usual or customary practice of
      the employee’s private business, employment or position as a volunteer that
      bears no relationship to the employee’s holding of district employment.

8.   Reasonable expenses paid to employee for accompanying students on an
      educational trip.
 

IX.      Honoraria
An employee may not solicit or receive, whether directly or indirectly, honoraria for the employee or any relative or member of the household of the employee if the honoraria are solicited or received in connection with the official duties of the employee.

The honoraria rules do not prohibit the solicitation or receipt of an honorarium or a certificate, plaque, commemorative token or other item with a value of $50 or less; or the solicitation or receipt of an honorarium for services performed in relation to the private profession, occupation, avocation or expertise of the employee.
 

END OF POLICY

Legal Reference(s):
ORS 244.010 - 244.400
ORS 332.016
ORS 659A.309
OAR 199-005-0001 - 199-020-0020
OAR 584-020-0040

Or. Ethics Comm’n, Or. Gov’t Ethics Law, A Guide for Public Officials.Cross Reference(s):

GCQA/GDQA - Nonschool Employment

GCQAB - Tutoring for Pay

^[1]The term spouse includes domestic partner.

^[2]Examples of benefits may include, but not be limited to, elements of an official compensation package including benefits such as insurance, tuition or retirement allotments.

^[3]Ibid. p. 3

^[4]Ibid. p. 3

Employee Ethics and Conflicts of Interest

District employees are allowed financial benefits as identified in Oregon Revised Statute (ORS) 244.040(2), such as their official compensation package, reimbursed expenses, limited honoraria and unsolicited awards for professional achievement.  District employees are prohibited from using or attempting to use his/her district position to obtain a financial gain or to avoid a financial detriment for the district employee, a relative or member of the household of the employee, or any business with which the employee or a relative or member of the household of the employee is associated, if the opportunity for financial gain or avoidance of a financial detriment would not otherwise be available but for the employee’s position with the district.  Specifically, this means that:

1.       Employees will not use district equipment for personal use, unless it is available to
          a significant segment of the general public.  This includes, but is not limited to, the
          personal use of the district’s:

a.   Fax machine[1];
b.   Phones to make long distance personal calls;
c.   District vehicles;
d.   Professional technology equipment (e.g., wood shop, automotive shop,
      CAD); and
e.  Athletic facilities (e.g., pool or weight room).

Further, the district’s supplies, facilities, equipment, employees, records or any other public resources are not to be used to engage in private business interests.  For example, the district’s computer cannot be used to sell products on an auction website during school hours.

2.   When employees are traveling on official district business, any gift given because
      of this travel must be either declined or passed on to the district for use for future
      district travel.  For example, if the hotel where the employee is staying gives the
      employee a free night’s stay on a future visit, this must be declined or given back to
      the district for future district travel.  The frequent flyer miles earned when traveling on
      official district business can only be used for district travel.  If the employee’s spouse
      is traveling with the employee, the employee is responsible for all additional charges
      (i.e., additional room charge).

3.   Employees may not use personal credit cards for district travel or other district
      business and receive incentives such as cash reimbursements, frequent flyer miles
      and other benefits based upon the dollar amount of purchases made.

4.   Employees may not use discounts offered by private companies for the employee’s
      personal benefit if the discount is only offered because of the employee’s official
      position.  For example, an office supplies store provides all teachers a 10 percent
      discount.  Because the teachers are receiving this discount only because of their
      official position, a teacher cannot use the discount to purchase personal items.  The
      teachers may use the discount to purchase items for district use.  Employees can
      also accept the discount if it is also available to a substantial segment of the
      population who are not public officials.

5.   Employees may accept free passes to district extracurricular events if they are 
      attending these events in their official capacity (i.e., chaperoning, ticket sales or
      managing concession sales).  In order to promote employee participation in
      extracurricular activities, the district may include free passes in employees’ official
      compensation packages or employees may be reimbursed by the district for the cost
      of admission.

6.   The employee’s district position is not to be used to take official action that could
      have a financial impact on a private business with which you, a relative or member of
      your household are associated.  For example, if your brother owns a pest-control
      business which is seeking a contract with the district, you must declare an actual
      conflict of interest in writing, describing the nature of your conflict, and provide this to
      your supervisor.

7.   Confidential information gained as a district employee is not to be used to obtain a
      financial benefit for the employee, a relative or member of the employee’s household
      or a business with which any are associated.  For example, you should not use the
      information that a student in your class is falling behind in math to provide the
      parents a referral to your sister’s tutoring business.

8.   District employees who mentor student teachers may not receive direct payments
      from sponsoring colleges or universities.  The payment may be provided by the
      college or university to the district, which can then distribute the compensation to the
      teachers as an element of their official compensation package.

9.   District employees must follow Oregon Government Ethics Commission guidelines
      for outside employment if the employee acts as a chaperone for student group trips
      on personal time and the district employee accepts compensation in the form of
      travel expenses from a private business or organization.  Specifically, district
      employees must conduct all activities related to the trip on personal time and cannot
      use the classroom or school environment to plan the off-campus trip.  Employees
      may use district facilities for this purpose only if they comply with the district’s public
      use of facilities policy.  It is not an ethics violation to accept reasonable expenses for
      accompanying students on an education trip.

These restrictions do not apply if the teacher is chaperoning students on a fact-finding mission that is officially sanctioned by the Board.  The definition of a fact-finding mission is, in part, any activity related to a cultural or educational purpose.  See Oregon Administrative Rule (OAR) 199-005- 0020(43)(a).  The district employee must be directly and immediately associated with the event or location being visited.  If a district employee only acts as a chaperone and does not provide instruction or guidance for the students in language usage or cultural events, the trip may not meet the requirements of ORS 244.020(6)(H)(i).  Further, the employee can only accept the reimbursement of reasonable travel expenses from the private company, not any further compensation.

These restrictions do not apply if the district compensates the district employee for chaperoning the trip.

All district employees, and substitutes are expected to be familiar with and comply with the district's Code of Professional Conduct and Annual Notice for Education Practitioners.

ORS 224.020 Definitions.  As used in this chapter, unless the context requires otherwise: (1) “Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection (14) of this section.

(13) “Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

a)   An interest or membership in a particular business, industry, occupation or
      other class required by law as a prerequisite to the holding by the person of the
      office or position.

b)   Any action in the person’s official capacity which would affect to the same
      degree a class consisting of all inhabitants of the state, or a smaller class
      consisting of an industry, occupation or other group including one of which or in
      which the person, or the person’s relative or business with which the person or
      the person’s relative is associated, is a member or is engaged.  The
      commission may by rule limit the minimum size of or otherwise establish
      criteria for or identify the smaller classed that qualify under this exception.

c)   Membership in or membership on the board of directors of a nonprofit
      corporation that is tax-exempt under section 501(c) of the Internal Revenue
      Code.

District employees shall comply with Board policy GBC - Staff Ethics and they shall not engage in, or have an interest in, any activity that raises a reasonable question of conflict of interest as defined in state law above, or in any activity that would compromise the employee’s ability to fulfill his or her obligations to the district, its students, and its community.

In addition to the prohibitions set forth in Board policy GBC - Staff Ethics, prohibited activity includes, among other activities:

1. Employees shall not solicit money or goods for personal gains from students, parents or staff.
2.  Employees shall not develop any device, publication, or any other item during the employee’s paid time unrelated to the employee’s duties.  Any device, publication, or other item developed during the employee’s paid time shall be district property.
3. Employees shall not obtain personal gain through the use of confidential information gained in the course of or because of employment.
4. Employees shall not perform any duties related to an outside job during an employee’s working hours.
5. Employees shall not use any district facilities, equipment, or materials in performance of outside work except that an employee may utilize the district process for obtaining a public use of building.

It shall be the general practice of the district not to employ a member of an employee’s family in any position where one family member would have supervisory, appointment, or grievance adjustment authority over another.  The district reserves the right to make legal exceptions to this employment practice for reasons, in its sole discretion, it considers to be appropriate.  Such exceptions, along with supporting reasons, must be requested in writing and shall be subject to the approval of the chief human resources officer.

An exception to this general practice may also be granted for high school interscholastic athletic programs.  Due to the limited number of qualified applicants for many coaching positions, the most qualified applicant may be a member of the immediate family of an employee who has supervisory, appointment or grievance adjustment authority of that applicant.

To ensure equal access to all candidates for open positions, the following procedures will be followed.  All coaching position openings, including, but not limited to head and assistant coaching positions, will be posted among the district job employment opportunities as well as the Metro League and Oregon Athletic Coaches’ Association websites.  All applicants will be assessed on their professional backgrounds, expertise, references, and interviews.  The district’s equal opportunity for employment policy will be exercised at all stages of the hiring process.  If a family member is considered for a position, district personnel who are family members will be excused from the hiring process.

District personnel may not supervise immediate family members.  Each school site will develop a structure and process for supervision in the event that one family member would have supervisory, appointment or grievance adjustment authority over another.

“Member of an employee’s family” means the wife, husband, domestic partner, son, daughter, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in- law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual.

The principal of each building shall disseminate this information to their students and employees.

Staff Ethics and this administrative regulation and that his or her participation on the committee does not pose a conflict of interest.

                             Dear Project Team Member,

It is important that we share the following terms of service with you before you commit to serve on the Project Team for the Mathematics Adoption.  This Project Team is charged by the School Board to review and select Mathematics curriculum materials to be implemented in September 2009 in all Beaverton schools.  This Project Team is also charged by the School Board to represent the larger Beaverton public community and give input to the staff of BSD to make the final decision to purchase the most appropriate curriculum materials.

Board policy and Oregon law provide that no Project Team member will use or attempt to use his or her position on the Project Team to obtain financial gain for or the avoidance of financial detriment by the team member, their relatives, or any business with which the team member or relative is associated.  No Project Team member will solicit or receive directly or indirectly any gift or gifts with an aggregate value in excess of $100 from any source that could be known to have an interest in the outcome of the Project Team’s charge.

If you, or your immediate family members, are affiliated with any curriculum publishers, trainers, consultants, authors or contributors as a consultant, trainer, author, contributor, or in some other manner, you are not eligible to serve on this Project Team.  The selection of curriculum materials must be based on well-researched and carefully developed criteria.

Potential conflicts of interest could lead to unfair selection, which might jeopardize the successful education of BSD students.

I am not now, nor have I been in the past, affiliated with any curriculum publishers.

Date:                             

Signature of Project Team Member

^[1]The district could establish a fee schedule that would allow only district employees to pay for the personal use of the district fax machines.  If the district established a fee schedule for the use of fax machines the fee schedule must be equal to or exceed the prevailing rates offered at commercial businesses.