P2270.2
Bylaws of the Board
Conflict of Interest/Incompatible Activities
This policy is applicable to all officers and employees of
the Lompoc Unified School District.
It specifies activities which are inconsistent, incompatible, or
conflicting with their duties or offices as well as action to be taken by
supervisory/management personnel.
1. A
District employee or officer shall not engage in any activity or enterprise for
compensation which is inconsistent with or inimical to either his/her own duties
with the District or to the functions or responsibilities of the District.
This prohibition includes, but is
not limited to the following:
a. Use
of District time, facilities, equipment, supplies or name for private gain or
advantage.
b. Receipt
or acceptance of money or other consideration from other than the District for
activity which the employee or officer is expected to render in the regular
course of hours of his/her employment with the District.
c. Employment
involving time demands which would render performance of his/her duties as
local agency officer or employee less efficient.
d. Sale
or promotion, on District property during employee's or officer's duty hours,
of products or services, rental of property or products, or promotion of any academic
or non-academic enterprise in which the employee or officer may have a
pecuniary interest.
e. Acceptance
of remuneration, direct or indirect, for tutoring a student who is, or was
during the past two semesters, enrolled in a faculty member's classes. No faculty member shall engage in
tutoring for which he/she receives a fee on any of the campuses of the District
nor may any equipment belonging to the District be used for this purpose.
f. Outside
employment and attendance at classes/courses at colleges and universities which
conflict with the assigned hours of district employment.
g. Receiving
or giving of gifts, presents, or articles of value in excess of $20.00 between
an individual student and staff.
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P2270.2
Bylaws of the Board
Conflict of Interest/Incompatible Activities (continued)
h. Submission
of bids to purchase surplus district personal property over which the employee
or officer had exercised any degree of possession, supervision or control or
which the employee or officer had a role in declaring surplus when such is
offered for public sale by the district.
Personal property is defined by statute to refer to every kind of
property which is not real, in other words, all property except for example,
land and permanent buildings sold with the land.
i. Outside
activity which involves the use for private gain or advantage of the prestige
or influence of the individual's position as a faculty or staff member, or
employee of a particular department or office. This includes the use of
information not readily available to the general public, gained in the course
of district employment, for private gain or advantage, or the gain or advantage
of another.
j. Performance,
outside of the district, any work service for compensation where any part of
his/her efforts will be subject to approval or control by any other district
employees, unless reported and approved in accordance with Section 2.a and 2.b
below.
2. Implementation
a. All
officers and employees shall apprise their immediate supervisor, in writing,
when they are engaged or intend to engage in any activity, employment, or
enterprise which could be in violation of the regulations enumerated above.
This requirement is in addition to
the reporting requirements for designated employees covered by the District's
Conflict of Interest Code.
b. When
a possible conflict of interest exists, the issue shall be resolved in the
following sequence:
(1) The
immediate supervisor/manager will confront the employee with his/her belief
that activities engaged in by the employee violate a specific prohibition of
this policy. (If this step is
verbal, a follow-up written memo shall be sent both to the employee and
Superintendent confirming and detailing this belief.
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P2270.2
Bylaws of the Board
Conflict of Interest/Incompatible Activities
(2) The
employee shall be informed of his/her right to appeal any determination of
conflict of interest or incompatible activity and from its application in
his/her specific case.
(3) If the employee
desires to appeal, such appeal will be made to the Superintendent.
(4) If, on
appeal, the Superintendent determines that the employee's activities do violate
this policy, the employee will cease those activities or alternatively
terminate his/her employment status with the district. Failure to take one of these actions
shall be cause for disciplinary action which could result in dismissal.
c. The
existence of procedures in 2.a. above shall not be construed to preclude
disciplinary action against employees who willfully violate this policy by
engaging in activities which are clearly inconsistent with or inimical to
his/her district duties or office.
Reference: California Government Code
Section 1125, et sequitur
Lompoc Unified School District
Adopted by Board of Education: September 1, 1987
Revised: April 26, 1988 Page
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