DJH - PURCHASING AND CONTRACTING: PROCUREMENT STAFF CODE OF CONDUCT
Conflict of Interest
All employees of the school unit shall perform their duties in a manner free from conflicts of interest to ensure that the school unit's business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools.
No employee, officer, or agent of the school unit may participate in the selection, award, or administration of a contract supported by a federal award if they have a real or apparent conflict of interest.
A conflict of interest would arise when the employee, officer, or agent—or any member of their immediate family, their partner, or an organization which employs or is about to employ any of the parties indicated herein—has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
For the purpose of this policy, "immediate family" is defined as spouse, sibling, parent, or child.
Conflict of Interest Disclosure
All employees, officers, or agents with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction. The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest. If the Superintendent determines that the proposed transaction is in the best interest of the school unit and is fair and reasonable, the Superintendent may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the School Board will investigate and make a determination regarding the transaction.
Gifts and Solicitations
The employees, officers, and agents of the school unit may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
Employees, officers, and agents of the school unit may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.
Violations
Employees of the school unit who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.
Legal Reference:
34 CFR Parts 74 and 80 (Education Department General Administrative
Regulations ("EDGAR")) (for federal awards made prior to 12/26/2014)
2 CFR § 200.318 (Uniform Administrative Requirements-General Procurement Standards) (for federal awards made on or after 12/26/2014)
Cross Reference:
Adopted:
December 12, 2017