Policy 4005: Employee Conflict of Interest - Purchases (Rules)

Appropriate Employees

Employees in a position to influence decisions on purchases or contracts shall not have a personal financial interest either directly or indirectly in any contract or purchase of the District or benefit directly or indirectly from any financial transaction or contract of the District unless that interest has been fully disclosed and the person involved has removed him/herself from the decision-making process. 

Purchases of or use of school District property, materials and manpower by employees shall be accomplished in accordance with good business practices and within the framework of applicable laws and regulations. 

The Superintendent, and any other District employee deemed by the Superintendent to be in a position to influence the purchase of any goods or services, shall sign and file the following information: 

For purposes of this document, the following definitions are used: 

DISTRICT: Grand Rapids Public Schools 

“SUPPLIER”: Any person, partnership, trust, corporation, or other business entity that supplies materials, equipment, real estate, or services to the school District. 

“FINANCIAL INTEREST”: Means any stock, bond, or other debt obligation, option or right to purchase stock, share in profits, investment, partnership interest, or other interest of any nature. Ownership of securities in a corporation shall not be considered to constitute a FINANCIAL INTEREST therein for this purpose provided all the following conditions are met: 

1. The securities are traded on a national securities exchange, or regularly reported in over-the-counter quotations in the financial press; 
2. The securities owned by you and, to your knowledge or belief, owned by your near relatives do not exceed 1% of the outstanding securities of such corporation of the same class; and 
3. The market value of the securities of such corporation so owned does not exceed 50% of your gross annual income. 

“NEAR RELATIVE”: Means your spouse and children, step-children, parent(s)/ guardian(s), sisters and brothers of yourself and your spouse, and the spouses of your brothers and sisters. It is not necessary to interrogate the members of your family. It is sufficient to give the facts, as you know them, or believe them to be. 

Complete honesty and candor is required of all employees asked to submit this form. Section 2 or Public Act 317 makes it a misdemeanor for any public servant to: "…..directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself, (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee, (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25,000.00 where stock is listed on a stock exchange or of which he is a Director, officer, or employee, or (d) any trust of which he is a beneficiary or trustee, nor shall he take any part in the negotiations for such a contract or the renegotiations thereof or amendment thereto or in the approval thereof, nor shall he represent either party in the transaction; except as provided in section 3. 

Should you have inadvertently omitted a company in your statement and later there is a transaction involving that company to come before the Board, you have a clear obligation to make your interest in that company known. If after the statement is signed you acquire an interest in a company doing business with the Board, that interest should be made public at or before such time as a transaction involving that company comes before the Board.” Failure to reveal a conflict of interest as outlined in this policy and in the law, may subject you to disciplinary action up to and including dismissal. 

1. At any time since January 1, _______, have you, or to your knowledge and belief has any NEAR RELATIVE of yours had any FINANCIAL INTEREST in any SUPPLIER of the District? 
   
   Yes _____ No_____ 
   
   If the answer is “yes,” attach a statement giving full details.
   
   
2. At any time since January 1, _______, have you or any member of your household had a direct or indirect ownership of any business in which your ownership in such business exceeds 10% of the business' capital or the income from which represents more than 10% of your gross income? 
   
   Yes _____ No ______ 
   
   If the answer is “yes,” attach a statement giving full details. 
   
   
3. At any time, since January 1, _______, have you been a Director, officer, sole proprietor, partner, agent, representative, employee, or the paid consultant or advisor to, or the recipient of any fee or commission from any business enterprise other than your principle employer? 
   
   Yes ______ No _______ 
   
   If the answer is “yes,” attach a statement giving full details. 

It is important to the District that you make accurate and complete answers to the above questions. It is not satisfactory to answer questions “same as last report”, instead, any questions that cannot be answered “yes” or “no” should be completed in whatever detail is necessary either elsewhere on this form or by attachment.

Please sign and date below. 

I declare that to the best of my knowledge and belief, the answers I have given and the statements attached are true and correct. 

_________________________________________________________ 
(Legal Signature) 

_________________________________________________________ 
Please Type or Print Full Name here 

_________________________________________________________ 
Date