Conflicts of Interest Policy 1610
Board of Directors
CONFLICTS OF INTEREST
No school director or the superintendent shall be beneficially interested, directly or indirectly, in any contract made by, through or under the supervision of the director or superintendent, except as provided below:
A. Any contract, purchase of materials or activity paid for from school funds if the total volume received by the district officer or his or her business does not exceed $1,500.00 in any calendar month. The district shall maintain a list of all contracts covered under this paragraph and the list shall be available for public inspection and copying.
B. An individual director may be designated as clerk and/or purchasing agent at the prevailing hourly wage.
C. The spouse of a director or the superintendent may be employed as a substitute teacher on the same terms and at the same compensation as other substitute teachers in the district. The superintendent must find that the number of qualified substitute teachers in the district is insufficient to meet the anticipated needs for short-term and one-day substitute teachers, and the superintendent must ensure that substitute teachers are assigned to available positions in a fair and impartial manner.
D. Prior to approval of the employment of a spouse of a school director or superintendent, the board of directors shall be advised of the number of other individuals who are qualified for and interested in the position(s) to be filled. If a board member wishes to apply for employment in the school district, he or she must resign the board position prior to making application. The district shall not discriminate in any way against any applicant for a certified position or any certificated employee on the basis of a family relationship with a school director or the superintendent. All employment decisions shall be made on the basis of choosing the applicant which furthers the best interest of the school district.
E. If a person is employed by the district under contract as a classified or certificated employee before his or her spouse becomes a director or superintendent, the contract can be renewed for further employment, provided that the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district for that position.
F. The director or officer has only a remote interest in a contract and the interest is disclosed prior to board action and recorded in the official minutes.
A director may not vote on the authorization, approval or ratification of a contract in which he or she is beneficially interested and to which one of the exemptions described above applies.
Whenever a spouse or dependent of a director is employed by the district, the director shall refrain from participating in or attempting to influence any board action affecting the employment status of the director, spouse or dependent. Actions affecting employment status include, but are not limited to, hiring, establishing compensation and fringe benefits, setting working conditions, conducting performance evaluations, considering or imposing discipline and termination.
The superintendent shall maintain a log of any contract subject to this policy and annually or when a new director assumes office, shall inform the board of the existence of all such contracts.
Legal References:
| RCW 28A.405.250 | Certificated employees, applicants for certificated position, not to be discriminated against Right to inspect personnel files |
| RCW 28A.635.050 | Certain corrupt practices of school officials —Penalty |
| RCW 42.23.030 | Interest in contracts prohibited- Exception |
| RCW 42.23.040 | Remote interests |
Initially Adopted: January 20, 1983
Adopted: September 28, 2009
Amended: March 12, 2012