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CONFLICTS OF INTEREST

CONFLICTS OF INTEREST. Revised August 4, 2008. Potential conflicts of interest . A personal financial interest A business interest Any other obligation or relationship Non-school employment. Policy DBD (Local).

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CONFLICTS OF INTEREST

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  1. CONFLICTS OF INTEREST Revised August 4, 2008

  2. Potential conflicts of interest • A personal financial interest • A business interest • Any other obligation or relationship • Non-school employment

  3. Policy DBD (Local) “An employee shall not accept any gift, favor, service, or other benefit that could reasonably be construed to influence the employee’s discharge of assigned duties and responsibilities.” Examples…

  4. Disclosure Requirement: Must disclose potential conflict of interest to immediate supervisor.

  5. Prior to award of contract or authorization of payment: File affidavit with Superintendent or Board President, which discloses a substantial interest in a business entity or interest in real property.

  6. What is a SUBSTANTIAL INTEREST?

  7. SUBSTANTIAL INTERESTIn Business Entity: • The person owns at least: a. 10% of voting stock in business; or b. either 10% or $15,000 of the fair market value of the business or • Funds received by the person from the business exceed 10% of the person’s gross income for the previous year.

  8. SUBSTANTIAL INTERESTIn Real Property: Ownership with a fair market value of $2,500 or more.

  9. SUBSTANTIAL INTERESTalso if related by: FIRST DEGREE by either affinity or consanguinity

  10. Relationship by Consanguinity (blood) and Affinity (marriage)

  11. Policy CAA (Local) Fraud and financial impropriety includes: • Forgery • Misappropriation of District assets • Impropriety • Profiteering from insider knowledge • Unauthorized disclosure of confidential information • Accepting benefits illegally • Dishonesty

  12. Reporting Fraud • Superintendent • Board President • Internal Auditor • Director of Security • Supervisor

  13. If employee is found to have committed fraud or financial impropriety, appropriate disciplinary action taken (may include termination). If vendor is found to have committed fraud or financial impropriety, appropriate disciplinary action (may include cancellation of District’s relationship).

  14. Texas Penal Code • Texas Penal Code Section 36.02: It is a crime of bribery for a public employee to accept any “benefit as consideration in exchange.” • Texas Penal Code Section 36.01(3): A prohibited “benefit” is defined as anything reasonably regarded as pecuniary (monetary) gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

  15. Texas Ethics Commission • Opinion by Texas Ethics Commisssion: Plaque (unless quite elaborate) is not considered a benefit under the bribery law.

  16. Texas Penal Code Section 36.08 • Whether or not benefit was accepted in consideration or in exchange for any official action, Penal Code Section 36.08 prohibits gifts from person subject to jurisdiction with whom public official interacts in his/her official capacity (subject to certain exceptions).

  17. Exceptions • Token Gifts: gifts having a value of less than $50 if not given in exchange for any exercise of official discretion • Gifts from Family or Close Friends: if there is an independent relationship that is not related to the status or work of the public official • Statutorily Provided Fee: fee provided by law that an official is lawfully entitled to receive for function other than as a public servant (e.g. jury duty fee) • Political Contributions as defined by Title 15 of the Texas Election Code

  18. Gifts Over/Under $50 • OVER $50: • Expensive floral arrangement • Tickets to an event • UNDER $50: • Coffee mugs • T shirts

  19. Donation of Gift • Can public employee donate an unsolicited gift to avoid illegal gift problem? • Permissible to donate gift to a recognized tax-exempt charitable organization formed for educational, religious or scientific purposes.

  20. Outside employment and tutoring • Employees required to disclose in writing any outside employment that may create a conflict of interest. • Case by case determination • Not allowed during duty hours • No use of district resources at any time.

  21. RESOURCES • Board Policies—BBFA (legal)(exhibit), DBD (local), DBD (legal), CAA (local) • Employee handbook • WFISD internal regulations • Chapter 36 of the Texas Penal Code

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