最後一次修改：29 4 月, 2025

政策 5250 利益衝突

• 下載政策 5250 利益衝突

利益冲突

定义

1. Relative: father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law, grandchildren, grandparents, spouse’s grandparents, step-children, step-parents, step-grandparents, spouse’s step-grandparents, step-sisters and step-brothers.
2. Government Agency: any department, division, agency, commission, board, council, committee, authority or any other institution of the state or any of its political subdivisions, including the District and Board of Education.

利益冲突

Staff members will not engage in nor have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. No employee shall violate provisions of the Utah Public Officers and Employees’ Ethics Act or provisions of Provo School District Policy 6210 Purchasing. Situations where a conflict of interest may exist include but are not limited to:

1. Receiving economic benefit from selling or promoting the sale of goods or services to the students or their parents where the knowledge of the staff member’s relationship to the district is in any way utilized to influence the sale.
2. 從教學和培訓材料及/或設備的銷售中獲取經濟利益，如果校區已特別聘請一名或多名教職員開發該等材料或設備。在此情況下，校區將保留所有權權益。
3. Encouraging a student who is enrolled in one or more of the teacher’s classes to take private lessons or to engage in tutoring for a fee from the staff member.
4. Using or providing for others a list of names and home addresses obtained from school records or school-related contacts for purposes of identifying potential client or customer contacts.
5. 以任何方式參與材料、書籍或設備的選擇過程，如果該工作人員或其家庭成員開發或撰寫的項目正在考慮批准供校區使用。
6. Direct involvement in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a family member or life partner. Family includes spouse, siblings, children, parents/parents-in-law or any other individual who is a member of the household.
7. 使用校際郵件或電子郵件促銷教職員有財務利益的產品。
8. 提供教職員或學生名錄，用於促銷產品或服務。
9. Purchasing or otherwise acquiring surplus district property, where the staff member was involved in or had influence in the process of declaring the item(s) as surplus.
10. Engaging in secondary employment while on sick leave, Family Medical Leave Act (FMLA) leave, hourly paid leave (HPL) or Paid Time Off (PTO) without prior approval from the Director of Human Resources or Deputy Superintendent.
11. 在受雇於校區擔任相同或類似職務時，以供應商或獨立承包商的身份向校區提供服務。

外部就業

Provo 學區的雇員可從事第二職業，或在受雇於 Provo 學區之餘從事的工作中獲得報酬，但必須符合以下條件：

1. Application for Approval of Secondary Employment or Business Ownership Form is completed and approved for similar / related employment or hours that could conflict with district duties (band teacher giving music lessons, coach employed by private sports clinic or league, etc.). A new approval form must be submitted each July 1, or within 30 days whenever outside employment changes. This form shall be submitted before starting in secondary employment. Employees currently engaging in secondary employment must also submit this form;
2. Secondary employment must not interfere with the efficient performance of the employee’s district position, duties, and functions;
3. 第二職業不得與 Provo 學區的利益相衝突；
4. 次要職務不得成為被批評或出現利益或職責衝突的理由；
5. 第二職務不得要求員工利用其職位或在該職位上獲得的任何影響力、權力、權限或機密資訊，或國家時間、設備、財產或供應品謀取私利；
6. 如果次要工作是偶爾、非實質性且與學區工作無關，則可以排除在外，除非存在潛在衝突。

Nepotism (See Policy 5020 Procedure 7)

1. The Provo School District believes all employees should be competitively selected on the basis of qualifications. The district adheres to the Nepotism Act regarding appointing and supervising relatives. The district also exercises their right to incorporate other good management practices by extending these prohibitions to include those persons with whom there is a close, personal relationship, and any companies where such individuals or relatives are employed or have any ownership. It also discourages hiring of relatives or others with whom there is a close personal relationship in the same school or department. Employees must recuse themselves from hiring or selection committees if family members or close personal friends are applicants. This policy applies to permanent and temporary employees.
2. The state’s Nepotism Act states: “No public officer may employ, appoint, or vote for or recommend the appointment of a relative in or to any position or employment, when the salary, wages, pay, or compensation of the appointee will be paid from public funds and the appointee will be directly supervised by a relative . . .”
3. The district requires disclosure of the relationship before hire, transfer or promotion to a position in Provo School District. Hiring relatives may be approved if there is no working relationship between them that might reasonably give rise to criticism or conflict of interest. Principal and Directors will evaluate such hiring decisions on a case-by-case basis and consult with the Executive Director of Human Resources and/or Deputy Superintendent.
4. During the initial interview, hiring officials shall ask applicants to declare if they have relatives or others with whom there is a close personal relationship working in the same school or department, if an ongoing working relationship may occur. If the applicant has a relative currently working in the school or department, approval from the Director of Human Resources is required before making an offer of employment.
5. 任何隱瞞或提供虛假個人關係資訊的申請人可能會被解雇。明知故犯違反本政策的主管將受到紀律處分。
6. Employees working within the same school or department who marry may be reassigned at the discretion of the principal, director or assistant superintendent. If the Nepotism Act is violated by a marital relationship, employees will be reassigned by the Director of Human Resources.

禁止監督

No District employee may directly supervise an appointee who is a relative or cohabitant when the salary, wages, pay, bid or compensation of the relative will be paid from public funds, unless:

1. The relative was appointed or employed before the District employee assumed his or her supervisory position, if the relative’s appointment was not unlawful at the time of appointment;
2. 被任命者將從指定用於職業培訓的資金中獲得補償；
3. 受聘者的受僱期為 12 週或更短；
4. 被委任者為區域所定義的志工；
5. The appointee is the only person available, qualified or eligible for the position;
6. The appointee will is eligible or qualified to be employed by the District pursuant to State Office certification if applicable, civil service laws or regulations, or merit system or regulations; or,
7. 監督人確定該員工是唯一可用或最有資格履行被任命人監督職能的人。

當校區雇員監督其親屬時，該雇員應以書面形式向校監完整披露此關係。校區雇員不得評估該親屬的工作表現或建議為其加薪。

Holding Public Office

District employees may not serve as members of the Board. District employees may serve as members of the governing bodies of other school districts (other than those in which they are employed), cities, towns, or other local governmental districts.

School Supplies

No teacher, administrator, or other employee of the District shall sell or otherwise receive compensation from the District as a result of the purchase, lease, or acquisition of any kind of school furniture or supplies.

私人、受控或受保護資訊

District employees may not:

1. Accept employment or engage in any business or professional activity that the employee might reasonably expect would require or induce the employee to improperly disclose controlled information that the employee has gained by reason of the employee’s position.
2. Disclose or improperly use controlled, private or protected information acquired by reason of the employee’s official position or in the course of official duties for the employee’s or another’s private gain or benefit.
3. Use or attempt to use the employee’s position with the District to substantially further the employee’s economic interest or to secure special privileges or exemptions for the employee or others.
4. Accept other employment that the employee might expect would impair the employee’s independence of judgment in performing the employee’s public duties.
5. Accept other employment that the employee might expect would interfere with the ethical performance of the employee’s duties.

Accepting Gifts, Compensation or Loan

No District employee shall knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift, compensation, or loan for the employee or another if:

1. It would tend to influence someone in the employee’s position in the discharge of employment duties;
2. The employee knows or someone in the employee’s position should know it is a reward for the employee’s action;
3. The employee recently has been, or is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided below captioned “Receiving Compensation for Assistance in Transaction Involving a Government Agency.”

This section does not apply to the following:

1. 偶爾贈送價值不超過 $50.00 的非金錢贈禮；
2. 為表揚公共服務而公開頒發的獎項；
3. 本州或任何其他州的法律授權可從事提供此類貸款的機構，在一般業務過程中所提供的任何善意貸款。
4. A political campaign contribution if the contribution is actually used in a political campaign of the recipient District employee.

Receiving Compensation for Assistance in Transaction Involving a Government Agency

No District employee shall receive or agree to receive compensation for assisting any person or business entity in any transaction involving a government agency unless the District employee files with the superintendent, the state attorney general’s office, and the head of the agency with which the transaction is being conducted a sworn written statement containing the following information:

1. The name and address of the employee.
2. 區的名稱。
3. 接受或將接受協助的個人或商業實體的名稱和地址。
4. 已提供或將提供服務之交易，以及已提供或將提供服務性質之簡要說明。

The sworn statement shall be filed on or before the earlier of 10 days after the date of any agreement between the District employee and the person or business entity being assisted or 10 days after the receipt of compensation.

地區資產的使用

任何校區雇員不得僱用或使用該雇員官方控制或指示下的任何人、金錢或學校財產，為該雇員或他人謀取私利。

However, a district employee may use public resources to benefit others as part of the employee’s official duties, if the expenditure is of little or no value, there is no impact on public funds and is purchased with the consent of his/her supervisor.

法律參考與法規

• Utah Code § 20A-14-202(4) (2022)
• Utah Code § 67-16-4 (2018)
• Utah Code § 67-16-5 (2014)
• Utah Code § 67-16-3(1) (2024)
• Utah Code § 67-16-6 (2024)

教育委员会批准

November 12, 2013 Revised: November 18, 2014 Revised: March 11, 2025