404 Employee Complaints

404.1 Employee Conflict of Interest

Employees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days’ notice, require the employee to cease such solicitations as a condition of continued employment.

Employees will not act as an agent or dealer for the sale of textbooks, school equipment, musical instruments, or other school supplies. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school system.

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:

  1. The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance    of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
  3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.

If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must:

  1. Cease the outside employment or activity; or
  2. Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

The Spirit Lake Community School District seeks to conduct all procurement procedures:

  1. In compliance with stated regulations; and
  2. To prohibit conflicts of interest and actions of employees engaged in the selection, award and administration of contracts.

No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal, State, or local funds if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, organizations may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

Disciplinary actions will be applied for violations of such standards by officers, employees, or agents of the organization. Disciplinary actions could include:

  1. Written reprimand placed in employee’s personnel file.
  2.  Suspension without pay as determined by the Superintendent.
  3.  Termination of employment.

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

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Approved: 8/9/93

Reviewed:

Revised: 2/9/09; 4/8/13; 1/9/17; 10/14/19

404.2 Nepotism

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship. More than one family member may be an employee of the school district. However, no school district employee shall be involved in hiring a family member. The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications, credentials and record.

It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district subject to the approval of the board. No school district employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.

Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers- in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

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Approved: 12/8/08

Reviewed: 10/14/19

Revised: 2/9/09; 4/8/13

404.3 Gifts to Employees

The Board understands the desire of students, parents, and others to give gifts to show appreciation of an employee. Rather than giving gifts, the Board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the District rather than an individual employee. Employees may receive a gift on behalf of the District.

Employees shall not, either directly or indirectly, solicit, accept, or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of a “donor” stated below or the gift or honorarium does not meet the definition of “gift” or an “honorarium” stated below. However, employees may receive non-monetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.

A "donor" is defined as a person or other entity which:

1.         Is seeking to be or is a party to any one or any combination of sales, purchases, leases, or contracts to, from, or with the District;

2.         Is engaged in activities, which are regulated or controlled by the District;

3.         Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region; or

4.         Is a lobbyist with respect to matters within the District's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:

1.         Contributions to a candidate or a candidate's committee;

2.         Informational material relevant to an employee's official function, such as books, pamphlets, reports, documents, or periodicals;

3.         Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

4.         An inheritance;

5.         Anything available or distributed to the public generally without regard to

6.         Actual expenses of an employee for food, beverages, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

7.         Plaques or items of negligible resale value given as recognition for public services;

 8.        Items of food and drink with a value of less than three dollars that are received from any one donor during one calendar day;

9.         Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or

10.       Items or services received as part of a regularly scheduled event that is part of a conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech, or article. However, an honorarium does not include any of the following:

1.         Actual expenses of an employee for food, beverages, travel, or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

2.         A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization, or the department of general services; or

 3.        A payment made to an employee for service rendered as part of a bona fide private business, trade, or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee but rather, because of some special expertise or other qualification.

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium. An employee who violates this policy may be subject to disciplinary action, up to and including termination.

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Approved: 6/12/89

Reviewed: 10/14/19

Revised: 2/9/09, 4/8/13

404.4 Employee Political Activity

Employees will not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action, up to and including termination.

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Approved: 9/9/69

Reviewed: 10/14/19

Revised: 2/9/09, 4/8/13