AP 406

Employee Conflict of Interest

Background

The purpose of this procedure is to assist in preventing both real and perceived conflict of interest situations from arising for employees of the school district.

Procedures

Subject to an employee’s rights under a collective agreement, legislation or statutory regulation, Abbotsford School District employees are expected to conduct themselves and their affairs in a professional manner that will preclude, directly or indirectly, any conflict of interest situations from arising.

1. A conflict of interest is considered to include, but is not limited to the following:

  • 1.1 A situation where an employee is under obligation to any person or organization who might benefit from, or seek to gain special consideration or favour from the school district.
  • 1.2 A situation where an employee either directly or indirectly, demand or accept a gift, favour or service from an individual or organization which may compromise or be perceived to compromise impartial decision-making.
  • 1.3 A situation where an employee falsely acts in a manner that appears to be an official act of the district, or gain an advantage that is derived from his/her position as an employee of the school district.
  • 1.4 A situation where an employee receives remuneration or favor relating to the sale or use of materials or work produced on school district time. The District will retain all rights to such works produced by employees but would consider revenue sharing with an employee where appropriate (eg: development of intellectual property).
  • 1.5 A situation where an employee uses school district premises, materials and/or equipment for external business purposes, or for any other purpose which might compromise the interests of an employee or the school district.
  • 1.6 A situation where an employee receives remuneration from another organization for services that have been performed in whole or in part on school district time. An employee who has been asked, and wishes to provide a service outside the school district to another organization, must consult with and seek prior approval of the Superintendent. The school district does not consider the receipt of a modest gift, an honorarium under $200 per day, or the recovery of out-of-pocket expenses as remuneration for workshop participation.
  • 1.7 A situation where an employee receives additional fees or compensation for teaching, tutoring, counselling or any other related services provided to a student(s) in their group(s), class(es) or currently under their individual care.

2. Personnel Process(es) - Employees

  • 2.1 Subject to an employee’s rights under his/her respective collective agreement, an employee who is in a position to materially affect a term or condition of employment of a relative, business associate or someone in a close personal relationship, must disclose his/her relationship. Disclosure must be made at the start of the personnel process, and again when the final decision is being made.
  • 2.2 An employee should not have a spouse, immediate family member or business associate in a direct reporting relationship.
  • 2.3 An employee should not be involved in any process that could result in a benefit or harm to a relative, business associate, or someone in a close personal relationship.

3. Information and Confidentiality

  • 3.1 Employees have a general duty of loyalty and fidelity to represent the interests of the publicly elected Board of Education.
  • 3.2 Employees shall not divulge information which is not available to the general public.
  • 3.3 Employees with access to confidential information shall maintain confidentiality.

4. Interpretation and Adjudication of the Policy

  • 4.1 An employee should contact their supervisor for advice and assistance in the event that an employee or a member of the public has a question and/or concern regarding :
    • 4.1.1 the interpretation of the meaning of any section(s) of this policy, and/or
    • 4.1.2 whether they are personally in a conflict of interest, and/or
    • 4.1.3 whether a member of staff is in a conflict of interest,

Reference

Policy 7 – Board Governance and Operations

Last Revised: May 2013
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