5. Conflicts of Interest

We will not hold financial interests that conflict with the performance of our duties to the district. We will not engage in outside employment or activities that conflict with our official district duties.

Overview
Examples
Resources

Overview
Employees need to maintain a clear separation between SDUSD duties and private financial interests. This applies in a variety of situations and relates to gifts, honoraria, loans, outside employment, volunteering and fundraising. The following guidelines do not cover every situation. If you are uncertain, ask your supervisor or contact the Ethics Office.

Gifts
Here’s the general rule: regardless of value, gifts should not give the impression of seeking partiality, favoritism or improper influence. Employees may receive gifts where the value totals no more than $100 from any individual or firm in any 12-month period. More on gifts.

Honoraria
Employees and members of the Board of Education may not receive any honorarium from any source. Honoraria or other compensation for services performed during regular hours must be paid over to the district.

Loans
Since a personal loan could be perceived as a gift, employees are strongly encouraged not to accept personal loans from other district employees, consultants of the district or from any person who has a contract with the district.

Outside Employment and Volunteering
Concurrent employment is sometimes a gray area. Employees must take care to avoid an inadvertent conflict of interest. The following guidelines apply. When in doubt, it is best to ask.

• As an employee, you may not participate in any paid outside employment, activity or enterprise that conflicts with your district duties. Types of conflicts include using school district time, facilities, equipment, supplies and influence for private financial gain. You may author textbooks, programs or other writings intended for use in public education, as long as the work is done outside of district time and without using district equipment.
• A district employee who is also a director, officer, partner, trustee, employee or manager of an outside business organization may not make, participate in or influence any district decision that pertains to that organization.
• A teacher may not tutor or give private instruction to current or former students who were enrolled in his/her class the year before.
• Current district employees or those on leave of absence may not be retained as independent contractors, such as professional consultants, resource persons or student service providers. Teachers and staff may be hired outside of their contract day for specific inservice presentations, curriculum writing and other instructional tasks.
• Employment by a non-profit organization, foundation or booster club requires approval from the district’s Human Resource department. You may not work for a non-profit organization during district hours. You can interact with your non-profit employer during work hours if required to do so as part of your district job.

Related are issues of publicity and endorsements of products and services for personal gain. Employees may not exploit the school district’s name in connection with the public use, promotion or sale of a copyrighted or patented item, unless the district has given written permission to do so. Employees may not recommend any commercial product or service or distribute literature or publicity that endorses or recommends any such product or service.

Fundraising
In general, solicitation of students is not permitted on school premises. While at school, students cannot be asked to subscribe to, contribute to, become members of or work for any non-district organization. District employees cannot be authorized signers on such organizations’ bank accounts. Funds from non-district organization fundraising activities must be kept separate from Associated Student Body accounts. Each organization is responsible for its own bookkeeping and accounting.

All financial transactions from fundraising activities by an organization directly under the control of school authorities must pass through the school office. The principal is responsible for controlling the collections, deposits and expenditures of monies.

Examples
Gifts and Honoraria

Loans

Outside Employment/Volunteering

Resources
Information on the district’s conflict-of-interest policies can be found in the following SDUSD Administrative Procedures: 9325, 7040, 7155, 7035, 7046, 4587, and 1550; and Board policy I1210.

School board members and those in district positions involving contracts must abide by California Government Code section 1090. Section 1090 provides that an officer or employee may not make a contract in which he or she is financially interested. That means he or she cannot participate in the process by which such a contract is developed, negotiated or executed. More on 1090 requirements and penalties.

School board members and those designated to file Form 700 are also advised to take advantage of free online additional specialized training to become more familiar with complex laws that can carry substantial penalties.

Further Reading:

“Conflicts of Interest: Balancing Appearances, Intentions and Values,” by Stuart C. Gilman, Ph.D., with Joshua Joseph and Cheryl L. Raven. Ethics Resource Center 2002.

“Conflicts of Interest,” by Norm Augustine, Ethics Resource Center 2004.

“Three Quick Tests for Ethical Congruence,” by Frank J. Navran of the Ethics Resource Center, 1996.

Back to Ethics Code

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