Pursuant to the provisions of Section 806 of the General Municipal Law and Board Policy 2160, the Board of Education promulgates these rules of ethical conduct for the officers and employees of the school district. These rules shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts by municipal officers and employees.
Definitions
1. "Officer or Employee" means an officer or employee of the district, whether paid or unpaid, including members of the Board of Education, and their instructional or support staff and appointees.
2. "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.
Standards of Conduct
Every officer and employee of the district shall be subject to and abide by the following standards of conduct:
1. Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members.
Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.
2. Confidential Information: An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board whether such information is deemed confidential or not.
3. Representation before the Board: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district.
4. Representation before the Board for a contigent fee: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district, whereby the compensation is to be dependent or contingent upon any action by the school district with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
2160-R1
2160-R1
5. Disclosure of interest in matters before the Board. To the extent that he or she knows thereof, a member of the Board of Education and any officer or employee of the district, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such matter.
6. Investments in conflict with official duties: An officer or employee shall not invest or hold
any investment directly in any financial, business, commercial or other private transaction that creates conflict with his or her official duties.
7. Private employment: An officer or employee shall not engage in, solicit, negotiate for or promise to accept private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
8. Future employment: An officer or employee shall not, after the termination of service or employment with the Board, appear before the Board or any panel or committee of the Board in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration. This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
Distribution of Code of Ethics
The Superintendent of Schools shall cause a copy of the Board's Code of Ethics and this accompanying regulation to be distributed to every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district’s officers and employees.
Penalties
In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board’s code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.
Ref: General Municipal Law, Article 18
Note: Prior regulation, Policy Manual, 826la-c, revised
Policy Adopted: July 24, 1996 Wayne Central School District
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