Page 18 - The EDGE Winter 2022
P. 18

PROCUREMENT

                          BY BILL MUNCH, CPPO, CPPB
                          Arizona School District Conflict-of-Interest

                          Statutes in Title 15
        Bill Munch

        Arizona Revised Statutes 38-501 through 38-511  financial transaction with the school district
        deal with “Conflict of Interest of Officers and  or  school  purchasing  cooperative.  Soliciting,
        Employees.”                                             accepting or agreeing to accept any personal
                                                                gift or benefit with a value of less than $300 is
        These statutes apply to ALL public employees,  a class 1 misdemeanor. A gift or benefit does
        including school district personnel.  While  not include an item of nominal value such as a
        it is important for school districts and their  greeting card, t-shirt, mug or pen.”
        vendors to be aware of these far-reaching
        statutes    that    govern      conflict-of-interest
        for  ALL public officials, it is critical to be  "It  is my sincere hope that this

        cognizant of additional statutes in Title 15 that       extremely brief glimpse into
        apply specifically to school districts, school          Arizona School District conflict-of-
        purchasing cooperatives and their vendors.
                                                                interest  statutes helps to  answer
        Rather  than  trying  to  paraphrase  or  interpret  more questions than it created."

        the statutes, I believe it is best to simply show
        you exactly what the paragraphs in statute say
        below. Concerns should be raised with proper
        legal counsel.


        ARS 15-213:
        “N.  A person who supervises or participates
        in contracts,  purchases,  payments,  claims  or
        other financial transactions, or a person who
        supervises or participates in the planning,
        recommending, selecting or contracting for
        materials, services, goods, construction, or
        construction services of a school district or
        school  purchasing  cooperative  is  guilty  of  a
        class 6 felony if the person solicits, accepts or
        agrees to accept any personal gift or benefit
        with a value of $300 or more from a person or
        vendor that has secured or has taken steps to
        secure a contract, purchase, payment, claim or

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