5251 - Conflicts of Interest and Employment of Family Members

General Rule

No district employee will engage in or have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. Further, no district employee may employ or use any person, money, or school property under the employee's official supervision, control or direction for the private gain of that employee or another.

Conflicts of Interest

No district employee will engage in or have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. Further, no district employee may employ or use any person, money, or school property under the employee’s official supervision, control or direction for the private gain of that employee or another.

 

Situations where a conflict of interest may exist include but are not limited to:

1. 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 the district is in any way utilized to influence the sale.
2. Receiving economic benefit from the sale of instructional and training materials and/or equipment where the district has specifically engaged a staff member(s) to develop such materials or equipment.  In such instances, the district will retain a proprietary interest.
3. 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.
4. 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.
5. 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 district use.
6. Being involved in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a family member.
7. Using the interschool mail to promote sales of a product in which a staff member has a financial interest.
8. Providing a staff or student directory for use in promoting sales of a product or service; and
9. Purchasing or otherwise acquiring surplus district property, where the staff member was involved in or had influence in the process of declaring the item(s) as surplus.

 

Written permission from the superintendent/designee or principal is necessary when:

1. A certificated staff member wishes to tutor or give private lessons for a fee to any student who is enrolled in one or more of the teacher's classes;
2. A certificated staff member such as communication disorder specialists, psychologists or specialized music teachers, wishes to give private instruction for a fee to any student who is concurrently being served by that individual in the regular school program.

 

Exceptions

A district employee may use public resources to benefit others as part of the employee’s official duties, if the expenditure is of de minimus value (of little or no value; no impact on public funds) and is purchased with the consent of his/her supervisor.

 

Employment of Family Members

The district recognizes that two or more members of a family may be employed by the district. The district also recognizes that good order, efficiency, fairness and the appearance of fairness must be maintained and that all substantive or appearances of conflict of interest must be avoided.

In order to avoid such conflicts, no person shall be placed or allowed to remain in a certificated or classified position where an immediate family member or immediate relative will have authority to supervise, appoint, remove, discipline, evaluate or audit the work of such person, or to effectively recommend such actions.

No person shall be placed or allowed to remain in a certificated or classified position where a situation of actual or reasonably foreseeable conflict might exist between the district’s interest and the interest of the immediate family members or immediate relatives.

For the purposes of this Policy, immediate family members include mother, father, son, daughter, brother, sister or stepparent, child or sibling, wife, husband, legal guardian, or person living in the employee’s household. Immediate relatives include mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, grandparent, or grandchild.

If employees become related by marriage during the course of their employment and one of the above situations is created, or some other potential conflict of interest arises, the employees must advise the superintendent, who will work with the employees to resolve the issue. If the relationship is determined to violate this policy, the employees may be required to determine which employee will leave the position in which there is a conflict.

This policy shall not apply to substitute assignments or assignments to curriculum committees, task forces or other assignments not directly related to the employee’s regular work.

 

Hiring Procedures

District employees shall not participate in any hiring decision related to a family member, and no preference shall be given in hiring on the basis of family relationship with another district employee. Further, as an additional safeguard, the Human Resources Department will forward to the superintendent or designee for review all hiring decisions for which there is a known family relationship with an administrator or management-level employee of the district. Family relationships between an applicant and the superintendent will be disclosed to the Board prior to any offer of employment being made to the applicant.

 

Legal References: 

RCW 28A.400.332     Use of persons, money, or property for private gain

WAC 181-87-090       Improper remunerative conduct

WAC 162-16-250       Discrimination because of marital status.

RCW 42.23                 Code of Ethics for Municipal Officers

RCW 28A.405.250     Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect personnel file.

 

Adoption Date:   September 20, 2006

Revised:  June 27, 2007; December 20, 2017

Reviewed: October 31, 2023

 

Administrator Responsibilities: