9120.1
The Board of Education is committed to avoiding any situation in which a conflict of interest or appearance of impropriety may occur on the part of any Board member or employee.
In addition to the prohibition against conflict of interest contained in N.Y. General Municipal Law, Art. 18, every officer and employee of the district, whether paid or unpaid, including members of the Board of Education, and their professional or nonprofessional staff and appointees (referred to collectively as “District officers and employees”) are subject to and must abide by the following standards of conduct:
Disclosure of interest in matters before the Board: District officers and employees who participate in discussions with or give official opinions to the Board on any matter being considered by the Board must publicly disclose to the Board the nature and extent of any direct or indirect financial or other private interest he/she has in such matters. Such disclosure must be made as soon as the individual has knowledge of his/her actual or prospective interest.
Investments in conflict with official duties: District officers and employees may not invest in or hold any investment directly or indirectly in any financial business, commercial enterprise or transaction that creates a conflict with his/her official duties.
Private employment: District officers and employees may not engage in, solicit, negotiate for or promise to accept private employment when that employment creates conflict with or impairs the proper discharge of his or her official duties.
Future employment: For a period of two years after the termination of service or employment with the Board, District officers and employees may not appear before the Board or any panel or committee of the Board in relation to any case proceeding, or application in which he/she personally participated during the period of his or her service or employment or that was under his/her active consideration.
Evaluation, Promotion or Discipline by members of same family: No person employed by the District shall be evaluated, promoted or disciplined by a member of his or her same family. In such cases, the proposed action shall be independently reviewed by the Superintendent of Schools or by his or her designee as appropriate.
Interference with performance of job duties: No person employed by the district shall allow any matter, concern or interest, personal, financial or otherwise, to influence or interfere with the performance of his or her duties. Should such a matter, concern or interest arise, the employee shall bring the matter to the attention of his or her supervisor to seek ways to reduce or eliminate the influence or interference.
Notification of possible violations: Any officer, employee or member of the public noting or suspecting a violation of this policy is encouraged to bring the matter to the Board or the Superintendent.
Distribution of this policy: The Superintendent shall distribute a copy of this policy to every officer and employee of the school district.
Penalties: Knowing or willful violation of this policy by any employee may result in disciplinary action up to and including dismissal, as well as possible criminal prosecution. Knowing or willful violation of this policy by a Board member may result in the commencement of removal proceedings under the Education Law as well as possible criminal prosecution.
Cross-ref: 2170, Board Member Conflict of Interest
Ref: Education Law §§410, 3016
General Municipal Law Art. 18, §§801-813
Labor Law §201-d
Dykeman v. Symonds,
54 AD2d 159 (4th
Adoption date:
Revised: