HPCSD BOE Policy 2160-R : School Board Member Ethics Regulation

Pursuant to the provisions of §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 eighteen of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of 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 professional or nonprofessional 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 seventy-five dollars 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/her, in the performance of his/her official duties or was intended as a reward for any official action on his/her part.
   
   However, 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/her in the course of his/her official duties or use such information to further his/her personal interest.
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 contingent 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.
5. Disclosure of interest in matters before the Board: To the extent that he/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 an 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/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 a conflict with his/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/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/her service or employment or that was under his/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/her own behalf or on behalf of any member of his/her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

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/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 offices and employees.

Penalties

In addition to any penalty contained in any other provision of law, anyone 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 in the manner provided by law.

Reference

Adoption date

November 12, 1992

Policies are presented here for convenience only and may not be complete, current or correct. Please contact the District Clerk for the current version of any policy.

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