HomeMy WebLinkAboutPR 710 HR - Employee Conflict of InterestPROCEDURE PR.710.HR
TITLE:EMPLOYEE CONFLICT OF INTEREST
Date Authorized: 07 May 2024
Last Revised:
Last Reviewed:
COMMITMENT TO INDIGENOUS RIGHTS, HUMAN RIGHTS, AND EQUITY
The District recognizes its responsibility to ensure that this procedure promotes and protects
Indigenous rights, human rights, and equity. The District will strive to address and eliminate
discrimination and structural and systemic barriers for students, staff, and the community.
1.0 RATIONALE
To support the implementation of OCDSB Policy P 024 HR - Employee Conflict of Interest and
address Employees’ potential, perceived, or actual Conflicts of Interest, in compliance with the
Education Act and PPM 165 School Board Teacher Hiring Practices.
2.0 DEFINITIONS
Please refer to Appendix A for a list of definitions of terms used in this procedure.
3.0 RESPONSIBILITY
3.1 The Superintendent of People, Culture and Leadership is responsible for managing
reported Conflicts of Interest as per this procedure.
3.2 All Employees are responsible for anticipating and avoiding Conflicts of Interest, and
disclosing them, where they cannot be avoided.
4.0 PROCEDURES
Scope and Application
4.1 This procedure applies to all Employees.
4.2 The implementation of this procedure will always be aligned with the Human Rights
Code and other OCDSB policies and procedures including Policy P 146 HR - Equitable
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Recruitment, Hiring, and Promotion, and PR.625.HR Corporate Code of Conduct for
Business Relationships.
4.3 Trustee Conflicts of Interest are not covered by this procedure. Please refer to Policy P
025 GOV - Board Member Conflict of Interest.
Employment and Supervision Practices
4.4 An actual, potential, or perceived Conflict of Interest may exist when the Hiring
Manager, member of the Hiring Panel, or someone else in a position to influence the
decision or outcome in a selection process is a relative, close friend, or otherwise in a
Relationship with a candidate in the selection process.
4.5 Employees will not be assigned to, transferred to, or offered a position (includes
permanent, term, and casual):
a)in which they would directly supervise, evaluate, or direct the work of someone
with whom they have a Relationship;
b)in which they would directly report to someone with whom they have a
Relationship; and
c)where there is an indirect Relationship such that they may influence employment
salary, or promotion considerations of someone with whom they have a
Relationship or be on the receiving end of such influence.
The District has the discretion to prevent a transfer that may result in these
circumstances.
4.6 Teachers and other educators must not directly supervise or evaluate students with
whom they have a Relationship. Supervision may be allowed in exceptional
circumstances after disclosing the potential Conflict of Interest in accordance with this
procedure.
Personal or Private Gain
4.7 No Employee will engage in dealings with any supplier of the District which might
produce personal or private gain for the Employee at the expense of the District.
4.8 No Employee will, for compensation of any kind other than their salary, promote, offer
for sale or sell, directly or indirectly, any book or other teaching or learning materials,
equipment, furniture, stationery, or other article to the District, the Board, District
students, and/or parents/guardians/caregivers of students attending District schools, in
which they have a financial interest.
This does not apply to a teacher, supervisory officer or any other employee with respect
to a book or other teaching or learning materials of which they are an author where the
only compensation that they receive is a fee or royalty.
4.9 No Employee will accept gifts, favours, fees, stipends, reduced-fees or free goods or
services or a benefit of any kind from parents/guardians, or an individual or company
which provides or seeks to provide goods or services to the District if a reasonable
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person might conclude that such gift would influence the Employee when performing
their duties to the OCDSB.This includes,but is not limited to accepting:
a)reduced or free seasonal passes from ski hill operators for participation in
familiarization programs;
b)subject to section 4.10,free or reduced-cost travel from travel providers for
organizing student Field Trips;
c)travel,gifts,or awards from District vendors where the Employee receives a
direct benefit;
d)discounted services or products from companies providing or seeking to provide
goods or services to the OCDSB,other than sample text books or other learning
materials required to evaluate the suitability of the material;
e)complimentary travel accommodations,such as flights or hotel stays,from
companies engaged in business transactions with the OCDSB;
f)cash or cash equivalents,including gift cards,from companies involved in or
seeking to be involved in business with the OCDSB;and
g)accepting entertainment,hospitality,or other gratuities from companies in
connection with their role in the OCDSB.
Notwithstanding the above,participation in frequent flyer or other loyalty programs is
permitted.
4.10 Employees who supervise students at an event,conference,or seminar that requires
admission may accept free admission in support of the event and will not be deemed in
a Conflict of Interest.
Using District Resources for Private Use
4.11 No Employee of the District will use or transmit non-public information or use knowledge
gained from OCDSB business for any personal business transaction or personal use
before that information becomes public.
4.12 All software and applications developed by Employees in the course of their
employment or provided by third parties will be treated as property of the District.This
requirement extends to information held on District Information Technology within an
Employee's custody.Any unauthorized copying of proprietary material,including but not
restricted to code,scripts,videotapes,applications,and software may place the District
in breach of copyright laws and is strictly prohibited.
4.13 No Employee will use lists or names,addresses,and/or phone numbers of students,or
of the students’parents/guardians,obtained in the course of their employment other
than in the performance of their duties.
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Private Services
4.14 Where an Employee intends to offer private services where those services are provided
or normally paid for by the District (e.g.tutoring),the Employee must:
a)advise the recipient of any alternative services within the District that are
provided free of charge;
b)offer to facilitate the appropriate referral process for the service offered by the
District;
c)complete form OCSDB 998 Request to Offer Private Service,to acknowledge
that the recipient may become their student in the future;and
d)receive prior consent from People,Culture and Leadership ;and
e)have the recipient complete form OCDSB 999 Request To Receive Private
Services Of An Employee before offering the service.
Reporting Conflicts of Interest
4.15 All Employees have an obligation to disclose any circumstance in which they believe
they may have an actual or perceived,direct or indirect conflict of interest to their
Supervisor and by completing OCDSB 997 An Employee Conflict of Interest.
4.16 Without fear of reprisal,any Employee may disclose a Conflict of Interest involving
another Employee to a Supervisor.
Managing Disclosed Conflicts of Interest
4.17 Employees must refrain from taking part in any discussion or decision-making in relation
to the Conflict and withdraw from any meeting or process when the Conflict is being
discussed,if applicable,until a decision has been reached regarding how the Conflict of
Interest will be addressed.
4.18 The Superintendent of People,Culture and Leadership or designate will review and
investigate all disclosed Conflicts of Interest,and will manage them on a case-by-case
basis.
4.19 Collecting information will be limited to what is necessary to determine whether a
Conflict of Interest exists.
4.20 If it is determined that a disclosed Conflict of Interest may compromise the Employee’s
professional obligations towards the District,the employee will be precluded from
involvement in the activity giving rise to the Conflict.
4.21 In extenuating circumstances where a Conflict of Interest cannot be avoided,exceptions
may be made.These exceptions are subject to approval from the Superintendent of
People,Culture and Leadership.Mitigation strategies and possible remedies may
include:
a)restriction of access to the Employee to particular information;
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b)rearrangement or reassignment of the Employee’s duties and responsibilities;
c)transfer of the Employee to another non-conflicting position;
d)divestment or liquidation of a financial interest by the Employee;and/or
e)resignation of the Employee from the conflicting private interest.
4.22 The Superintendent of People,Culture and Leadership will be responsible for
maintaining all documentation related to any Employee Conflict of Interest.
4.23 All personal information collected through the disclosure of a Conflict of Interest or for
the purposes of addressing or resolving a Conflict of Interest,will be treated
confidentially in compliance with the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA).
4.24 If the Conflict of Interest no longer exists,the employee will inform PCL in writing to
update their records.
4.25 The Director or designate will be responsible for ensuring that there is a process in
place to ensure employees are made aware of the conflict of interest policy and this
procedure.
Infractions
4.26 Contraventions,whether arising from dishonesty or inattention,undermine the
relationships of trust between the District,Employees,and the public.Failure to comply
with this procedure may result in the following potential outcomes for the Employee,
including but not limited to:
a)return or repay a gift or other benefit made to the Employee;
b)disciplinary action;and/or
c)resignation/termination of the Employee from OCDSB employment.
5.0 APPENDICES
Appendix A:Procedure Definitions
Appendix B:OCDSB 997 An Employee Conflict of Interest
Appendix C:OCDSB 998 Request To Offer Private Services
Appendix D:OCDSB 999 Request To Receive Private Services Of An Employee
6.0 REFERENCE DOCUMENTS
Education Act,1998,§217
Human Rights Code
Policy /Program Memorandum No.165 School District Teacher Hiring Practices
Travel,Meal,and Hospitality Expense Directive
OCDSB Policy P.052.SCO:Fund-raising in Schools
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OCDSB Policy P.069.FIN:Tendering,Purchasing and Acquisition of Supplies and Services
OCDSB Policy P.095.PLG:Declaring,Decommissioning and Disposal of Surplus District
Property
OCDSB Policy P 146 HR -Equitable Recruitment,Hiring,and Promotion
OCDSB Procedure PR.502.FIN:Spending Authorization and Controls
OCDSB Procedure PR.558.FIN:Tendering,Purchasing and Acquisition of Supplies and
Services
OCDSB Procedure PR 700 HR -Equitable Recruitment and Hiring Procedure
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APPENDIX A:PROCEDURE DEFINITIONS
In this procedure,
An apparent conflict of interest means a situation in which a reasonable person would think
that the Employee’s judgment is likely to be compromised.
Conflict of Interest means a potential,apparent,or actual conflict where an Employee’s
financial or personal interest,whether direct or indirect,conflicts or appears to conflict with the
Employee’s responsibility to the District.It includes situations in which financial or other
personal considerations have the potential to compromise or bias an Employee’s professional
judgment and objectivity.A real,or perceived,Conflict of Interest exists when an employee
uses,or appears to use,their employment with the District:
a)to influence the District's interactions with external businesses or individuals by
accepting incentives directly or indirectly from them;
b)to offer an advantage to a family member or a friend,including employment;or
c)to use District property,including non-public information or material they produce during
the course of their employment,without appropriate authorization.
Employee means all persons who are employed with the District,regardless of employment
status (e.g.active,inactive,full-time,part-time,regular,term,casual),but does not include
Trustees.
External activity means any activity of an Employee outside the scope of their employment
with the District undertaken as part of a commercial or volunteer enterprise.
Field Trips means any school organized activity,whether curricular or extracurricular,that
takes students off school property and is supervised by school staff.This includes reciprocal
student exchanges and excursions.
Information technology means a computer,device,or network on which there is a significant
operational dependency for the District,and/or which stores,transmits,or provides access to
sensitive information.This can refer to Computers functioning as servers,and storage devices
such as USB keys and portable hard drives,personal Computers,printers,and photocopiers
which have internal storage capability that could contain Sensitive Information.
Relationship means any relationship of the Employee to persons of their immediate family
whether related by blood,adoption,marriage or common-law relationship and any relationship
of an intimate and/or financial nature during the preceding five years,any student-supervisor
relationship or any other past or present relationship that may give rise to a reasonable
apprehension of bias.
Supervisor means a person to whom an Employee reports.
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APPENDIX B:OCDSB 997 AN EMPLOYEE CONFLICT OF INTEREST
(Reference Policy P.024.HR and Procedure PR.710.HR Employee Conflict of Interest)
Please complete this form if you believe you are involved in a potential or apparent conflict of interest.
If you intend on providing private services to a student,please complete OCDSB 998 Request to
Offer Private Services only and have the parent/guardian complete OCDSB 999 Request to Receive
Private Services of an Employee;completing this form is not required.
To be completed by the Employee disclosing a conflict of interest
Employee Name:
Job Title:
Work Location:
Nature of Conflict:The actual,potential,or perceived conflict of interest relates to:
Requested Outcome/Resolution:
(Expected)Duration of the Conflict of Interest:
Date of Disclosure:
To be completed by the People,Culture and Leadership
Supervisor Name:
Outcome/Decision (include mitigation steps where applied):
Date of Decision:
Period of Review:(E.g.,annual)The period of time covered by this decision
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APPENDIX C: OCDSB 998 REQUEST TO OFFER PRIVATE SERVICES
I, _____________________ (name of staff member) declare that I have been
reached out by the parents/guardians of a student:
whom I work with as part of my regular duties
whom I do not work with currently but may at some time in the future work
directly with them
The parents/guardians requested to retain me __________________________ (name
of board Employee), on a fee-for-service basis, between (date) and (date), to work with
their child after regular school hours.
I confirm that I have done the following, in compliance with Policy P 024 HR - Employee
Conflict of Interest and Procedure PR.710.HR Employee Conflict of Interest:
advised the recipient of alternative services within the District that are provided
free of charge.
offered to facilitate the appropriate referral process for the service offered by the
District.
Employee Signature_______________________________ (If this form is approved by
the Director or designate, the following form will be completed by the parent).
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APPENDIX D: OCDSB 999 REQUEST TO RECEIVE PRIVATE
SERVICES OF AN EMPLOYEE
I ________________________(name of parent/guardian) request the private services
of ____________________(name of staff member) between (date) and (date). I am
aware that ____________________(name of board Employee) is employed by the
Ottawa-Carleton District School Board as ___________________.
I acknowledge my understanding that the hiring of an Ottawa-Carleton District School
Board Employee to work with my child after regular school hours creates a potential
conflict of interest for the Employee within the meaning of Ottawa-Carleton District
School Board Policy P.024HR Employee Conflict of Interest and Procedure PR.710.HR
Employee Conflict of Interest.
I hereby accept that a conflict of interest may arise as a result of my decision to hire
____________________ (name of Board Employee) and that I am prepared to proceed
with the arrangement with full knowledge of this potential for a conflict of interest.
As a result of the disclosure contained in this document I agree that I will make no claim
against the Ottawa-Carleton District School Board or ____________________ (name of
Board Employee) in which I allege any undisclosed conflict of interest or contravention
of Ottawa-Carleton District School Board Policy P.024HR and Procedure PR.710.HR
Employee Conflict of Interest.
The Employee’s OCDSB Email:_______________________
Parent Signature:_________________________________
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