Model Procurement - Jefferson County Public Schools

Procurement Regulations
Article XI
Ethics And Standards Of Conduct
11.0 Statement of Policy
Public employment is a public trust. It is the policy and purpose
of this Article to promote and balance the objective
of protecting government integrity and to facilitate in the
recruitment and retention of personnel needed by the Board
by prescribing essential restrictions against conflicts of interest
without creating unnecessary barriers to public service
and by facilitating development of fair competitive access
to public service purchasing by responsible suppliers.
Employees must discharge their duties and responsibilities
fairly and impartially and do so through official channels.
They should also maintain a standard of conduct that will
inspire public confidence in the integrity of the Board.
11.1 General Standards of Conduct for
Employees
Any effort to realize personal gain through public employment
beyond remuneration provided by the Board is a
violation of a public trust, as is any conduct which would
create a justifiable impression to the public that such trust
is being violated.
In order to fulfill the ethical standards prescribed by this
Article, employees must meet the standards of conduct set
forth in this Article, particularly as conspicuously set forth
in the following paragraphs:
• 11.3 Conflicts of Interest
• 11.4 Employees Not to Benefit
• 11.4.3 Gratuities and Kickbacks Illegal
• 11.5 Restriction on Employment of Present and Former
Board Employees
• 11.6 Use of Confidential Information
• 11.7 Public Access to Procurement Information Records
11.2 General Standards of Conduct for
Nonemployees
Any effort by any person to influence any Board employee
to violate the standards of ethical conduct set forth in this
Article, or to engage in any conduct which could create a
justifiable impression to the public that such trust is being
violated, is also a violation of the ethical standards prescribed
in this Article.
11.3 Conflicts of Interest
11.3.1 It shall be a breach of ethical standards for any employee
with procurement authority to participate directly in
any proceeding or application; request for ruling or other
determination; claim or controversy; or other particular
matter pertaining to any contract or subcontract, and any
solicitation or proposal therefor, in which to his knowledge:
(a) He, or any member of his immediate family, has a
financial interest therein; or
(b) A business or organization in which he or any member
of his immediate family has a financial interest as an
officer, director, trustee, partner or employee, is a party;
or
(c) Any other person, business or organization with
whom he or any member of his immediate family is negotiating
or has an arrangement concerning prospective
employment is a party. Direct participation shall include,
but not be limited to, involvement through decision, approval,
disapproval, or directly influencing the content of
any specification or purchase standard.
11.3.2 It shall be a breach of ethical standards for any person
to offer, give or agree to give any employee or former
employee, or for any employee or former employee to solicit,
demand, accept or agree to accept from another person,
a gratuity or an offer of employment, in connection
with any decision, approval, disapproval, recommendation,
preparation of any part of a purchase request, influencing
the content of any specification or purchase standard, rendering
of advice, investigation, auditing or in any other advisory
capacity in any proceeding or application, request
for ruling or other determination, claim or controversy, or
other particular matter, pertaining to any contract or subcontract
and any solicitation or proposal therefor.
11.3.3 The prohibition against conflicts of interest, as set
forth in this section 11.3 shall be conspicuously placed
in every written contract and solicitation issued by the
Board.
11.4 Employees Not to Benefit
11.4.1 Disclosure of Benefits Received
If an employee or member of his immediate family obtains
any money, thing of value or financial benefit from any person
in connection with any contract with the Board which
might violate any of the prohibitions against conflicts of
interest as set forth in section 11.3, the employee shall report
the relevant facts to his immediate supervisor or to the
Director of Purchasing, in writing, within 30 days after the
award of the contract.
11.4.2 If any employee knows or should have known that
he or any member of his immediate family received a
benefit from a contract with the Board, and the employee
fails to report the receipt of such benefit to his immediate
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