Conflict of Interest - June 1997 Revision
"...a certified school instructor or a certified school administrator shall not, directly or indirectly, sell or be a party to any transaction to sell any instructional materials, furniture, equipment, insurance, school supplies or work under contract to the Department of Education, school district or public schools with which he/she is associated or employed. Nor shall any such person receive any commission or profit from the sale or any transaction to sell..." (22-21-1.A NMSA 1978)
"...The provisions of this section shall not apply... in cases in which certified school instructors or certified school administrators contract to perform special services...during time periods where in service is not required under a contract for instruction or administration." (This paragraph covers hiring athletic officials.) (22-21-1.B NMSA 1978)
No violation of this section would result where the contract is truly with a spouse only, in the regular course of his/her business, and the employee has no personal interest, pecuniary or otherwise, in the contract.
Administrative measures for any APS employee who is found to be in a position of Conflict of Interest as defined above includes transfers to a position so he/she can not conduct business with the outside agency in question.
APS police may at the request of any administrator conduct an investigation and report the findings to the Superintendent, the Director of Finance, and the Director of Personnel.
All employees will be required to complete a "Conflict of Interest" form annually. New hires will be notified of the policy prior to assuming job duties. Employees must notify Human Resources if conditions change.
SUPERVISION OF RELATIVES
"Relative" is defined to include the spouse, child, grandchild, parent, sister, brother, aunt, uncle, niece, nephew, grandparent, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, father-in-law, or a person in loco parentis.
"Administrator" or "supervisor" is defined to include all superintendents, directors, principals, district coordinators, administrative supervisors, staff coordinators, school police investigators, maintenance and operations supervisors, technical assistants, executive secretaries, cafeteria supervisors, head custodians, cook managers, or others who direct, supervisor and/or evaluate the work of any subordinate employee.
The relative of an APS administrator may not be assigned to any position in which the administrator may be able to directly or indirectly supervise, evaluate, or control the work of the relative except with the specific written approval of the Superintendent.
Relatives of Board Members
Relatives of Board Members may not be employed unless they fall under the exception clause of the governing statute which follows:
[NMSA 1978 22-5-6] "No local school board shall employ or approve the employment of any person in any capacity by a school district if the person is related by consanguinity or affinity within the first degree to any member of the school board governing the district." The only exception is an employee who has been continuously employed since July 1, 1971.
- 22-21-1A NMSA
- 22-5-6 NMSA 1978
NSBA/NEPN Classification: GBEA
Revised: May 1995
Revised: March 1996
Revised: June 1997