Ethics Office - San Diego Unified School District

4. Personal Gain from Position or Resources

We will not use our district position for personal or private gain. We will not use public resources for private non-district purposes or for purposes other than for which they were intended. We will not solicit or accept contributions for non-district purposes from outside vendors who may do business with the district.

Overview
Examples
Resources

Overview
Employees need to be mindful of situations in which their actions may be viewed as a conflict of interest with their district position or as a misuse of their official capacity.

District Materials
In general, employees may not use district facilities, equipment, supplies or services (e.g., technology, Internet and e-mail) for personal gain.

An employee who is influential in adopting or purchasing instructional material for the district may not use that influence for personal gain. For example, if you serve on an evaluation committee, you may not review any textbook or other materials if you or anyone in your immediate family is a contributor, author, editor or consultant. Any confidential information gotten through your position or committee membership must remain confidential.

Finally, as a member of an evaluation committee, you and your immediate family members may not accept gifts from vendors. The district’s gifts policy prohibits accepting gifts of any value that give the impression of seeking partiality, favoritism or improper influence.

Commercial and Non-Commercial Activities
Employees may not endorse or recommend any commercial product or service without the specific approval of the principal or department head. School site personnel may not sell educational or instructional materials to students or families within the school’s attendance zone. During school hours or within one hour before or after school, employees may not recruit students to join organizations that are outside the district’s control. Such recruiting is allowable for legitimate non-profit organizations approved by the Board. The same principle applies to distributing recruitment materials.

Employment
Employees may not use their positions, directly or indirectly, to benefit themselves, a close family member, or someone with whom they have a financial relationship. This also applies when employees are in a position to influence the hiring of a family member by a vendor currently or potentially doing business with the district. Employees must take care to avoid any perception of special favors by outside vendors. More on employment.

Political Activism
District grounds are politically neutral. Employees may not conduct political activities during assigned hours of duty. This includes discussing proposed legislation with students as an attempt to influence parents’ support of or opposition to a measure with district implications. It also includes using class time for political advocacy or to advocate a position on district employee-employer relations.

Examples
District Materials

Allowable	Not allowable
A contract specialist directs a friend to appropriate district contacts for additional information on the district’s publicly advertised Request for Proposal (RFP).	A principal sits on the evaluation committee reviewing a textbook that his son co-authored.
	An administrator discloses non-public information to her daughter letting her know that the district is looking to buy instructional materials like the kind her company sells.
	A custodian sends e-mails and faxes from work for his outside business.
	A teacher accepts a $50 gift certificate from a publishing company as a thank you for selecting its textbook.

Commercial and Non- Commercial Activities

Allowable	Not allowable
A principal encourages students to attend the upcoming after-school book fair, sponsored by the school’s PTA.	A teacher who coaches in an after school basketball league distributes advertisements and promotes the program to his students during school time.
A teacher invites a United Way representative to speak to her class about different student volunteer opportunities.	A teacher’s aide makes an announcement to students about a Bible Study group meeting after school hours.

Employment

Allowable	Not allowable
An area superintendent sits on the selection committee now considering adopting materials from the publishing company where her daughter worked as a summer intern.	A payroll technician accepts a district vendor’s offer to hire his son.

Political Activism

Allowable	Not allowable
A cafeteria worker volunteers for a political candidate on the weekends.	A school secretary makes photocopies of campaign flyers at the school office.
A translator passes out campaign flyers at the bus stop on a Sunday afternoon.	An area superintendent wears a campaign button during the work day.
A teacher joins a political rally after work hours.	A vice principal passes around a political petition during school hours.

Resources
“Of Cookie Jars and Fishbowls: A Public Official’s Guide to Use of Public Resources.” Institute for Local Government, 2004. (pdf)

Additional information can be found in the following SDUSD Administrative Procedures: 1570, 2205, 2225, 2310, 2315, 2342, 2415, 2518, 4500, 4585, 4587, 4910, 5375, 6240, 7045, 7046, 8250, 9220, 9325 and 9350; and Board policy I-1210; and Ed Code 51520.

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.

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