Page 40 - The Edge2023 - Spring

What To Do if There Is a Conflict of Interest Possibility
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voided by the public agency. The court could award
payment of costs and attorney’s fees.
MacLennan recommended that notice of the school
district’s ability to cancel a contract affected by a
conflict within three years of its execution should
be included in every contract.
School officials – as well as vendors – need to
know what school officials can legally accept. State
statute prohibits a public officer from accepting a
valuable thing or benefit that may affect or influence
the public officer's vote or actions for the benefit of
the donor rather than the public good, MacLennan
said. “That could include the acceptance of a gift
or something of value even if there is no direct
link between what is given and what is expected in
return," she added.
“What the public eye cares about
varies from time to time and depends
on the political climate.”
– Jennifer MacLennan
It is considered a class 6 felony if a school official
solicits, accepts or agrees to accept any personal
gift or benefit with a value of $300 or more from a
vendor. If the value is less than $300, it’s a class 1
misdemeanor. MacLennan explained that a gift or
benefit does not include an item of nominal value
such as a greeting card, candy, T-shirt, mug or pen.
District policies may also impose limits or allow
inexpensive novelty advertising items, including
holiday gifts, of general distribution Meals are an
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exception, especially in a group setting, such as
happy hour events.
But if a vendor is offering to take a school official
to a game and sit in the owner’s private box, that’s
probably beyond nominal value, MacLennan said.
Regarding the hiring of close relatives, no one
employed by the district should be directly
supervised by a close relative. MacLennan cited a
firm rule: the spouse of a board member cannot be
employed by the district.
If a district is considering the purchase of
equipment, material, supplies or services from
district employees, it must comply with competitive
purchasing rules regardless of the dollar amount.
This requirement applies to any purchase using
district funds, including extracurricular activities
fees, tax credit contributions, and money held in
trust by the district, such as student activities funds,
according to MacLennan.
She strongly recommended annual conflict-of-
interest training for all district employees. In
addition, every district employee must file a Conflict
of Interest Disclosure at least annually, stating
whether there is or is not a conflict. If there is a
conflict, it must be identified.
Jennifer MacLennan, Gust Rosenfeld, P.L.C., can be reached
at: maclennan@gustlaw.com or (602) 257-7475. Please
note that these materials have been provided for general
information purposes only and are not intended as legal advice
or a substitute for such advice.
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THE EDGE SPRING 2023