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READY FOR COMPLIANCE? value of $300 or more from a person or vendor that has secured
CONTINUED FROM PAGE 27 or has taken steps to secure a contract, purchase, payment,
claim or nancial transaction with the school district or school
purchasing cooperative. e soliciting, accepting or agreeing to
interest from the date of payment and all costs and damages accept any personal gift or bene t with a value of less than $300
arising out of the violation. is a class 1 misdemeanor.”
• Violates these rules is guilty of a class 4 felony. • A gift or benefit means a payment, distribution,
• Prepares procurement speci cations may not receive any expenditure, advance, deposit or donation of monies, any
direct or indirect bene t from using those speci cations. intangible personal property or any kind of tangible personal
• Serves on a selection committee for a procurement may or real property.
not be a contractor or subcontractor under a contract awarded • A gift or bene t does NOT include an item of nominal value
under the procurement or provide any speci ed professional such as a greeting card, T-shirt, mug or pen.”
services, construction, construction services, materials or other • A gift or bene t also does NOT include either food or
services under the contract. beverage, or expenses or sponsorships relating to a special
• Serves on a selection committee for a procurement and who event or function to which individuals are invited.”
fails to disclose contract with a representative of a competing • Provides for debarment or suspension of a vendor for up to
vendor or fails to provide required accurate information is three years for violations.
subject to a civil penalty.
• e SBOE amendments shall require: “School districts to So what should school districts do now?
obtain and maintain a record of proof that a construction or • Talk to your attorney or ASBA about ensuring your
construction services provider that has been awarded a contract Governing Board Policy GBEAA, and the accompanying
with the school district, or school purchasing cooperative, has a regulations and exhibits are up to date.
valid license to practice in this state.” • Make sure your school employees are in-serviced about the
• Expanding the powers of the Attorney General so that if the prohibitions in Arizona’s con ict of interest laws, the penalties,
Attorney General has reasonable cause to believe an employee and the requirements and disclosures required.
is violated, is violating, or is about to violate the rules, the • Make sure employees ll out updated forms to disclose any
Attorney General may: con icts of interest.
• Require that person to le or report in writing and under • Timely and thoroughly investigate allegations of inadequate
oath as to all the facts and circumstances concerning a violation disclosure of substantial interests and/or inappropriate
of the rules adopted by the state board pursuant to this section participation when a substantial interest may exist.
by that person and any other data and information deemed This article which provides a summary of some of the
necessary by the Attorney General. signi cant revisions of HB 2663, is for informational purposes
• Examine under oath any person in connection with the only, and should not be construed as legal advice. Please
violation of the rules adopted by the state board pursuant to consult with your school or district’s legal counsel for any
this section. speci c legal advice needed.
• Prevents reprisals against any employees who disclose
information that is a matter of public concern or who reports Jessica Sanchez is a member of the School Law section,
violations of these con ict of interest laws. representing Udall Shumway’s educational law clients throughout
• Makes it a class 6 felony for a school employee to solicit, Arizona. She may be contacted at: (480) 461-5374 or jss@
accept or agree to accept any personal gift or bene t with a udallshumway.com.

28 THE EDGE | WINTER 2019