DAE – Employee Conflict of Interest
Employee Conflict of Interest
Holding Public Office—
District employees may not serve as members of the Board. District employees may serve as members of the governing bodies of other school districts (other than those in which they are employed), cities, towns, or other local governmental districts.
Utah Code § 20A-14-202(4) (2022)
No teacher, administrator, or other employee of the District shall sell or otherwise receive compensation from the District as a result of the purchase, lease, or acquisition of any kind of school furniture or supplies.
Private, Controlled, or Protected Information—
District employees may not:
- Accept employment or engage in any business or professional activity that the employee might reasonably expect would require or induce the employee to improperly disclose controlled information that the employee has gained by reason of the employee’s position.
- Disclose or improperly use controlled, private or protected information acquired by reason of the employee’s official position or in the course of official duties for the employee’s or another’s private gain or benefit.
- Use or attempt to use the employee’s position with the District to substantially further the employee’s economic interest or to secure special privileges or exemptions for the employee or others.
- Accept other employment that the employee might expect would impair the employee’s independence of judgment in performing the employee’s public duties.
- Accept other employment that the employee might expect would interfere with the ethical performance of the employee’s duties.
Accepting Gifts, Compensation or Loan—
No District employee shall knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift, compensation, or loan for the employee or another if:
- It would tend to influence someone in the employee’s position in the discharge of employment duties;
- The employee knows or someone in the employee’s position should know it is a reward for the employee’s action; or
- The employee recently has been, or is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided below captioned “Receiving Compensation for Assistance in Transaction Involving a State Agency.”
This section does not apply to the following:
- An occasional non-pecuniary gift having a value of not in excess of $50.00;
- An award publicly presented in recognition of public services;
- Any bona fide loan made in the ordinary course of business by an institution authorized by the laws of this state or any other state to engage in making such loans.
- A political campaign contribution if the contribution is actually used in a political campaign of the recipient District employee.
Receiving Compensation for Assistance in Transaction
Involving a State Agency—
No District employee shall receive or agree to receive compensation for assisting any person or business entity in any transaction involving a state agency unless the District employee files with the superintendent, the state attorney general’s office, and the head of the agency with which the transaction is being conducted a sworn written statement containing the following information:
- The name and address of the employee.
- The name of the District.
- The name and address of the person or business entity being or to be assisted.
- A brief description of the transaction as to which service is rendered or is to be rendered and of the nature of the service performed or to be performed.
The sworn statement shall be filed within 10 days after the date of any agreement between the District employee and the person or business entity being assisted or the receipt of compensation, whichever is earlier.