FILE: B-15.1
Cf: A-5
CONFLICT OF INTEREST
PROHIBITED TRANSACTIONS
Any School Board member, Superintendent, or employee is prohibited by state law, with limited exception as provided in La. Rev. Stat. Ann. §42:1120, from participating in a transaction in which he/she has a personal substantial economic interest of which he/she may be reasonably expected to know involving the governmental entity. Also, any School Board member, Superintendent, or employee is prohibited by state law, except as provided in La. Rev. Stat. Ann. §42:1120, from participating in a transaction involving the governmental entity in which, to his/her actual knowledge, any of the following persons has a substantial economic interest:
Any member of his/her immediate family.
Any person in which he/she has a substantial economic interest
of which he/she may reasonably be expected to know.
Any person of which he/she is an officer, director, trustee,
partner or employee.
Any person with whom he/she is negotiating or has an arrangement
concerning prospective employment.
Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
Every public employee shall disqualify himself/herself from participating in a transaction involving the governmental entity when a violation of state law would result.
TRANSACTIONS AFTER TERMINATION OF PUBLIC SERVICE
No former agency head or elected official shall, for a period of two (2) years following the termination of his/her public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for the School Board.
No former member of the School Board shall, for a period of two (2) years following the termination of his/her public service on such School Board, contract with, be employed in any capacity by, or be appointed to any position by the School Board, except that the School Board may employ a former member for any classroom teaching position which requires a valid Louisiana teaching certificate or a school psychologist with a valid certificate in school psychology, provided the former School Board member holds such a certificate.
FEDERAL GUIDELINES: CONFLICT OF INTEREST
In addition to other ethics provisions, in receiving federal funds the School Board shall ensure compliance with federal guidelines covering conflict of interest and governing the actions of officers and employees engaged in the selection, award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict may arise when the employee, officer, or agent, any member of his or her immediate family, his or her 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. The officers, employees, and agents of the School Board shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to contracts.
Employees and volunteers shall be required to report any actual, possible, or perceived conflict of interest which they or others have, or may have, to their immediate supervisor as soon as they become aware of the conflict. A School Board member shall report the perceived conflict of interest to the Superintendent and School Board attorney.
Anyone who engages in activities that violate these provisions, including failure to disclose a conflict of interest, may be subject to disciplinary action up to and including termination of employment, and/or other appropriate sanctions.
DEFINITIONS
Substantial economic interest means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:
The interest that the public servant has in his/her position,
office, rank, salary, per diem, or other matter arising solely from
his/her public employment or office.
The interest that an elected official who is elected to a house,
body, or authority has in a position or office of such house, body,
or authority which is required to be filled by a member of such house,
body, or authority by law, legislative rule, or home rule charter.
The interest that a person has as a member of the general public.
Transaction involving the governmental entity means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
Is, or will be, the subject of action by the governmental entity.
Is one to which the governmental entity is or will be a party.
Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
Revised: January 11, 2016
Ref: 2 CFR 200.318 (General Procurement Standards)
La. Rev. Stat. Ann. §§17:81, 17:428, 42:62, 42:1101, 42:1102, 42:1112, 42:1115, 42:1115.1, 42:1116, 42:1119, 42:1120, 42:1121, 42:1123, 42:1170
Board minutes, 1-11-16
Central Community School Board