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FILE:  GBCA
CRITICAL

 

STAFF CONFLICT OF INTEREST

 


Employees of the Board will not engage in any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as members of the School District of the City of St. Charles staff and may be disciplined or terminated for doing so. For the purposes of this policy, a "business with which a person is associated" means:

 

1.         A sole proprietorship owned by the employee, his or her spouse or dependent children in the person's custody.

 

2.         A partnership or joint venture in which the employee or spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the employee is an officer or director or of which the employee, spouse or dependent children in the employee's custody, whether singularly or collectively, own more than ten (10) percent of the outstanding shares of any class of stock or partnership units.

 

3.         Any trust in which the employee is the settlor or trustee, or in which the employee, spouse or dependent children, singularly or collectively, are beneficiaries or holders of a reversionary interest of ten (10) percent or more of the corpus of the trust.


The following activities are explicitly prohibited:

 

1.         In accordance with law, employees or businesses with which they are associated are prohibited from selling or providing to the district personal property, including goods and supplies.

 

2.         Employees will not participate in any manner, directly or indirectly, in which the employee attempts to influence any decision of the district when the employee knows the result of the decision may be the acceptance of the performance of a service or the sale, rental or lease of any property to the district and the employee, his or her spouse, dependent children in his or her custody or any business with which the employee is associated will benefit financially.

 

3.         An employee will not use his or her position with the district to influence purchases made by students or their parents/guardians resulting in the financial gain of the employee, the employee's spouse, the dependent children of the employee or businesses with which the employee is associated unless authorized by the Board of Education.

 

4.         An employee will not trademark, patent, copyright or claim ownership interest in any inventions, publications, ideas, processes, compositions, programs, images or other intellectual property created by the employee in their capacity as an employee of the district, unless authorized by the Board of Education. The district will not pay royalties, licensing fees or other fees for use of intellectual property an employee creates in his or her capacity as an employee of the district to the employee or businesses with which the employee is associated, unless authorized by the Board of Education.

 

5.         An employee will not receive compensation other than the compensation received from the district for tutoring students currently enrolled in a class the employee teaches unless authorized by the Board of Education. Any private tutoring of students for a fee on district property is subject to facility usage policies and procedures.

 

6.         Employees will not accept gifts of substantial value from vendors, students or parents unless authorized by the Board of Education. For the purposes of this policy, a gift has a "substantial value" if it is worth more than $50.

 

7.         Employees will not use district property, including the district's intellectual property, or confidential information obtained in their capacity as employees of the district to financially benefit themselves or any other person or business unless authorized by the Board of Education.


Administrative or Executive Employees


In addition to the above-listed requirements, the following restrictions apply to all administrative or executive employees in the school district, in accordance with law. Administrative or executive employees of the district may:

 

1.         Provide services to the district as independent contractors, in addition to the compensation provided for the performance of their official duties. If the compensation for such services exceeds $500 per transaction or $5,000 per year, the district must first give public notice and competitively bid the services, and the district employee's bid must be the lowest received.

 

2.         Sell, rent or lease real estate to the district. Public notice of the transaction must be given prior to execution if the payment the employee receives exceeds $500 per transaction or $5,000 per year.

 

3.         Not receive compensation or payment for services from any person, firm or corporation, other than the compensation provided by the district for the performance of their official duties, to attempt to influence a decision by the district.

 

4.         Not perform any service for compensation by which they attempt to influence a decision of the district for one (1) year after the termination of their employment with the district.


Nepotism


The purpose of this policy is to assure that hiring and promotion decisions with the City of St. Charles School District are made based upon the qualifications of each applicant and are not influenced through nepotism.


The Board shall not employ one of its members, nor shall it employ any person who is related within the fourth degree to any Board member, either by consanguinity or affinity, where the vote of the Board member is necessary to the hiring of the person. Board members shall not debate or vote upon the issue of hiring any person to whom they are related within the fourth degree.


For the purposes of this policy, related within the fourth degree shall include:

 

1.         husband and wife

2.         father or father-in-law

3.         mother or mother-in-law

4.         brother or brother-in-law

5.         sister or sister-in-law

6.         son or son-in-law

7.         daughter or daughter-in-law

8.         niece or nephew

9.         aunt or uncle

10.       grandchild

11.       great grandchild

12.       great grandparents

13.       great, great grandchild

14.       grand niece or nephew

15.       first cousin

16.       great aunt or uncle

17.       great, great grandparents


Persons employed full-time or part-time in the same position prior to May 9, 2002, and serving continuously since that time may continue in that position until such time as the Board of Education and/or administration may determine, pursuant to their authority to assign/reassign persons in accordance with the best interest of the district.


Supervisory Personnel


No administrator or any other person in a supervisory position shall have under his or her direct supervision any employee whose relationship is of first or second degree either by blood or marriage. Extracurricular positions are exempt from this policy; however, it is the goal of the Board of Education to avoid assigning employees to positions that are supervised by a relationship of the first or second degree as defined below. It will also be the policy of the Board of Education to avoid the assignment of spouses to the same facility within the district.


For the purposes of this policy, relationship of first or second degree either by blood or marriage shall include:

 

1.         husband or wife

2.         father or father-in-law

3.         mother or mother-in-law

4.         brother or brother-in-law

5.         sister or sister-in-law

6.         son or son-in-law

7.         daughter or daughter-in-law

8.         grandparent

9.         grandchild


Persons employed full-time or part-time in the same position prior to May 9, 2002, and serving continuously since that time may continue in that position until such time as the Board of Education and/or administration may determine, pursuant to their authority to assign/reassign persons in accordance with the best interest of the district, that the administrator, supervisor or related person should be reassigned.


Nothing contained in this policy shall be construed to limit or impair the rights of any employee of the school district contained in the Missouri Teacher Tenure Act, §§ 168.102 et. seq., RSMo., or other provisions of Missouri law.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         10/14/1993

 

Revised:          06/08/1999; 05/09/2002; 07/14/2011

 

Cross Refs:     BBFA, Board Member Conflict of Interest and Financial Disclosure

DN, Surplus School Property

KG, Community Use of School Facilities

 

Legal Refs:     §§ 105.450 - .458, .462, .466 - .467, .472, 168.126, 171.181, RSMo.


St. Charles School District, St. Charles, Missouri

 

Link to Missouri Statutes

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For Office Use Only: GBCA-C.SC6 (11/10)

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