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Conflict of Interest

Definitions

For purposes of this procedural directive, “contract” means an agreement or transaction having the value of more than one thousand dollars ($1000) with Albuquerque Public Schools for:

  • The rendition of services, including professional services
  • The furnishing of any material, supplies or equipment
  • The construction, alteration or repair of any public building or public work
  • The acquisition, sale or lease of any land or building
  • A licensing agreement
  • A loan or loan guarantee
  • The purchase of financial securities or instruments

For purposes of this procedural directive, “employment” means rendering of services for compensation in the form of salary as an employee.

For purposes of this procedural directive, “immediate family member” means a spouse, child, brother, sister, mother or father.

For purposes of this procedural directive, “financial interest” means an ownership interest in a business or any employment or prospective employment for which negotiations have already begun.

For purposes of this procedural directive, “substantial interest” means ownership interest of a business that is greater than twenty percent (20%).

For purposes of this procedural directive, “anything of value” means any money, property, service, loan or promise, but does not include food and refreshments with a value of less than one hundred dollars ($100) consumed in a day.

General Provisions

The Albuquerque Public Schools Board of Education, superintendent and all employees shall comply with provisions in the New Mexico Governmental Conduct Act.  These provisions include standards for ethical behavior and controls financial conflicts of interests for the Board of Education, superintendent and employees.

All Albuquerque Public Schools personnel shall be responsible for knowing and understanding the provisions in the New Mexico Governmental Conduct Act.  This procedural directive outlines the requirements in the Act and Albuquerque Public Schools compliance, but shall not be a substitute for understanding the statute as written.

Ethical Conduct

District personnel shall treat their position with Albuquerque Public Schools as a public trust and shall use the powers and resources of their position to advance the public interest and not obtain personal benefits or pursue private interests.  District personnel shall conduct themselves in a manner that justifies the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.

District personnel shall comply with standards of conduct as outlined in appropriate Board of Education policy, administrative procedural directives and the Employee Handbook.

Political Activities

District personnel shall not request or receive nor offer a legislator, public official or public employee any money, thing of value or promise thereof that is conditioned upon or given in exchange for promised performance of their duties as a district employee.

District personnel shall not directly or indirectly coerce or attempt to coerce another district employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for a political purpose.  Albuquerque Public Schools shall not discriminate based on any political activity an employee has participated in as a private citizen.  Albuquerque Public Schools shall not interfere with the private political activities of employees if they are acting as a private citizen.  However, Albuquerque Public Schools reserves the right to control political activities while using district resources or while acting as an employee.

For more information about political activities and Albuquerque Public Schools, please refer to the appropriate Board of Education policies and administrative procedural directives.

Confidential Information

District personnel shall not disclose confidential information acquired by virtue of their position with Albuquerque Public Schools for their own or another’s private gain.

Employment other than with Albuquerque Public Schools

District personnel shall disclose any employment held outside of Albuquerque Public Schools.

Financial Interests

District personnel shall disclose all financial interests and shall be aware that substantial interests may affect purchasing and contract agreements with Albuquerque Public Schools.  District personnel shall abstain from participation in any decision involving businesses or real property for which they hold a financial or substantial interest.

District personnel shall not require or request that subordinate employees, or students, purchase any good specifically and/or solely from a business for which they or their immediate family member has a financial or substantial interest.

The director of Procurement shall be responsible for monitoring and enforcing provisions, to the best of his/her knowledge, of applicable state and federal statute and regulation.  The director of Procurement may inquire about employee financial interests when in question.

For more information regarding contracts and purchasing, please refer to the appropriate Board of Education policies and administrative procedural directives.

Gifts

District personnel shall not request, receive or accept gifts or loans over one hundred dollars ($100) for themselves or others that may influence or appear to influence them in the discharge of their duties as employees.

Employees who have authority over the invest of public money or issuance of bonds, the revenue for which is used for public projects, shall not knowingly accept anything of value  from a business that contracts with Albuquerque Public Schools to provide financial services.

For more information regarding gifts, grants and donations, please refer to the appropriate Board of Education policies and administrative procedural directives.

Annual Training and Review

All district employees shall review the provisions of the Government Conduct Act annually.  Principals shall be responsible for review with staff members at schools.  Department directors shall be responsible for review with staff members in their department.  Members of the leadership team shall be responsible for review with department directors.  The superintendent shall review annually and report his/her review to the president of the Board of Education.

District personnel shall be required to complete the Ethics and Conflict of Interest training and form annually  Employees shall update this form as necessary if financial interest, substantial interest or employment information changes prior to annual review.

All Ethics and Conflict of Interest disclosure information shall be kept with Human Resources.  Procurement and district employees shall contact Human Resources when awarding contracts in excess of one thousand dollars ($1000) for appropriate disclosure information and notification.

Confidentiality of Disclosure Information

To the extent allowable by law, the district shall keep disclosure information confidential.  However, disclosure information may be subject to an inspection of public records request pursuant to the Inspection of Public Records Act.

Corrective Action

District personnel who knowingly violate provisions in the Governmental Conduct Act and in this procedural directive may be subject to disciplinary action, including dismissal, demotion or suspension.  District personnel who knowingly violate provisions of the Governmental Conduct Act may also be subject to criminal and/or civil action in a court of law.

 

Administrative Position: Assistant Superintendent for Human Resources/Chief Financial Officer
Department Director: Director of Procurement

Cross References

Legal Cross Ref:

  • §10-16-1 et. seq. NMSA 1978

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

Forms:


NSBA/NEPN Classification:
GBEA

Revised: May 1995
Revised: March 1996
Revised: June 1997
Reviewed: April 29, 2011
Revised: May 20, 2011
Reviewed: July 22, 2011

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