HomeMy WebLinkAbout5.3 Report 24-046 Employee Conflict of Interest.pdfAD-HOC POLICY REVIEW COMMITTEE 4 April 2024
Report No.24-046
APPROVAL OF REVISIONS TO POLICY P.024.HR EMPLOYEE
CONFLICT OF INTEREST
Key Contact:Paula Hall,Superintendent of People,Culture,and
Leadership
PURPOSE:
1.To seek approval for the proposed revisions to Policy P.024.HR Employee
Conflict of Interest.
STRATEGIC LINKS:
2.The Conflict of Interest policy and the proposed updates reflect the Board’s
commitment to and value for the responsible use of resources as set out in the
Ottawa-Carleton District School Board’s (OCDSB)2023-2027 Strategic Plan.
CONTEXT:
3.Policy P.024.HR Employee Conflict of Interest was last updated in 2003.The
current version of the policy includes many procedural details,including the
different circumstances where employees’conflicts of interest could arise and
how they are managed.On 07 December 2023 a revised draft of Policy
P.024.HR was presented to the Ad Hoc Committee for Policy Review for initial
feedback.This draft included an update to the policy template,removal of
procedural language so it could be captured in a new procedure,alignment to the
current Human Rights and equity related policies and procedures,and
addressing the gaps in the current policy.The proposed draft was posted on the
District Consultation webpage for public feedback and shared with the
federations along with a new procedure.The feedback received was
incorporated into a revised policy (Appendix A)and informed the new procedure
where appropriate.
KEY CONSIDERATIONS:
4.Received Feedback and Key Changes
Report No 24–046 Approval of Revisions to Policy P.024.HR Employee Conflict of Interest
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In addition to the feedback received from trustees during the initial discussion at
the Committee and the feedback we solicited from federations,administrators
and managers,public feedback received through the District website was limited.
The following key areas were raised for consideration:
a.Clarity was requested related to Employee Conflict of Interest and
Trustee Conflict of Interest.This language was added to the definition
of Employee.
b.Clarity was requested on teaching and supervising one's own child and
to consider exceptional circumstances within the new guidance.This
clarity was added to the procedure.
c.It was requested that we ensure the procedure would contain clarity
related to reporting and reviewing conflicts,mitigation strategies,
transparency and accountability.These pieces were considered and
added,where possible,to the procedure.
d.Ensuring that the sale of goods (including sports apparel,learning
materials,etc)were captured.Clarity around this issue was added to
the procedure.
e.Consideration be given to personal opinions and views of staff and
how that could impact conflicts of interest.This was considered and
was not determined a conflict of interest under this policy or procedure.
Other guidance would capture this feedback.
5.Procedure Draft
In tandem with the policy draft updates,a new procedure is being developed to
elaborate on the new policy directive,the components of the previous policy that
were procedural,and additional language to capture the feedback we received
from the consultation process.Following the approval of the policy,we will return
to DEC for final approval of the procedure.
RESOURCE IMPLICATIONS:
6.There are no direct financial costs or human resource implications to the
proposed changes to the policy.Ensuring there is clear direction on conflicts of
interest for employees,at both the policy and procedure level,will help to
mitigate against the reputational risks that arise when employees are,or appear
to be,influenced in their decision-making to further their own best interests,
rather than the organization’s or its constituents’best interests.
COMMUNICATION/CONSULTATION ISSUES:
7.The policy revisions presented to the Ad Hoc Policy Committee on 07 December
2024 were posted to the District website between 01 December and 05 January
2024.Public awareness of the consultations was raised through
parents/guardians,students,and school council communications.
Principals/managers were consulted on the changes to the policy and the draft
Report No 24–046 Approval of Revisions to Policy P.024.HR Employee Conflict of Interest
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procedure between February 29 and March 8.The policy along with the new
procedure were shared with federations and administrators and their feedback
have already been incorporated into the policy and informed the new procedure.
RECOMMENDATION
THAT the proposed revisions to Policy P.024.HR Employee Conflict of Interest,
attached as Appendix A to Report 24-046 be approved.
Paula Hall
Superintendent of People,Culture and
Leadership
Pino Buffone
Director of Education and
Secretary of the Board
APPENDICES
Appendix A:Revised Policy P.024.HR Conflict of Interest
Appendix B:Standing Policy P.024.HR Conflict of Interest
Report No 24–046 Approval of Revisions to Policy P.024.HR Employee Conflict of Interest
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POLICY P.024.HR
TITLE:EMPLOYEE CONFLICT OF INTEREST
Date Authorized:15 May 1998
Date Revised:XXXXX 2024
Authorization:XXXXX 2024
COMMITMENT TO INDIGENOUS RIGHTS,HUMAN RIGHTS,AND EQUITY
The Board recognizes its responsibility to ensure that this policy and associated procedures promote
and protect Indigenous rights,human rights,and equity.The Board will strive to address and
eliminate racism and structural and systemic barriers for students,staff,and the community.
1.0 RATIONALE
To define guidelines and restrictions for employees with respect to conflict of interest.
2.0 DEFINITIONS
Please refer to Appendix A for a list of definitions of terms used in this policy.
3.0 GUIDING PRINCIPLES
3.1 Employees of the OCDSB occupy positions of great public trust.They are expected to
conduct themselves and to perform their duties and responsibilities professionally,
ethically,honestly,efficiently,transparently,and impartially.
3.2 It is imperative that employees act and are seen to be acting in the best interests of the
organization and the public they serve,and do not compromise themselves or the
reputation of the OCDSB in the performance of their duties.
4.0 SPECIFIC DIRECTIVES
4.1 Employees are responsible for identifying and avoiding placing themselves in situations
where their Personal Interests,including financial interests,are actually or may be
perceived to be in conflict with the District’s interests or may adversely affect their ability
to carry out their professional duties on behalf of the District.
4.2 Without restricting the generality of this policy or any associated procedures,Conflicts of
Interest may include the following:
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a)participating in or influencing the outcome of the appointment,hiring,promotion,
supervision,or evaluation of a person or contractor with whom the employee has,
or has had,a Relationship,or directing or assigning the work of that person or
contractor;
b)providing direct services (e.g.teaching)to or evaluating a student with whom the
employee has a Relationship;
c)offering/promoting products for sale to the District,the Board,District employees,
students and/or parents/guardians of students attending District schools;
d)using the District’s equipment,work time,resources,materials or facilities in any
form in the pursuit of outside employment,remuneration,or other personal gain;
e)offering private services to students for remuneration,where the business
relationship arises through their employment with the District;
f)acceptance of a gift from any person,group or entity if a reasonable person
might conclude that the gift could influence the employee in the performance of
their duties.
Disclosure of Conflict of Interest
4.3 Employees have an obligation to disclose when they are in an apparent,potential,or
actual Conflict of Interest as soon as becoming aware of its existence.
4.4 The District shall facilitate and administer a process for employees to disclose an
apparent,potential,or actual Conflict of Interest and for managing such disclosures.
4.5 The existence of apparent,potential,or actual Conflict of Interest does not necessarily
preclude involvement in the activity giving rise to the conflict.Such determination shall
be made by the Director of Education,or designate,in accordance with the established
process.The employee may be required to refrain from any involvement in the activity
until such time as a decision has been made.
Confidentiality
4.6 All personal information obtained under this policy shall be treated with confidentiality in
compliance with the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA).
No Reprisals
4.7 Reprisals against anyone disclosing another employee’s Conflict of Interest,including
an apparent,potential or actual conflict,as well as threats of reprisal,are prohibited.
Infractions
4.8 An employee who has acted in contravention of this policy may be subject to
appropriate disciplinary action,up to and including termination of employment,to be
imposed at the discretion of the Director or designate.
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4.9 The Director of Education is authorized to issue such procedures and guidelines to
facilitate the implementation of this policy.
5.0 APPENDICES
Appendix A:Policy Definitions
6.0 REFERENCE DOCUMENTS
The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
The Education Act,1998,§217
Human Rights Code
Policy of the Ontario Teachers'Federation,Section III,Professional Ethics
OCDSB Policy P.052.SCO:Fund-raising in Schools
OCDSB Policy P.069.FIN:Tendering,Purchasing and Acquisition of Supplies and Services
OCDSB Policy P.095.PLG:Decommissioning and Disposal of Surplus Board 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
OCDSB Procedure PR 625 HR -Corporate Code of Conduct for Business Relationships
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APPENDIX A:POLICY DEFINITIONS
In this policy,
Employee means all persons who are currently engaged in active employment with the District,
regardless of employment status (e.g.full-time,part-time,regular,term,contract,occasional,casual),
but does not include Trustees.
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 their 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.An apparent conflict of
interest is one in which a reasonable person would think that the employee’s judgment is likely to be
compromised.
Personal Interest means any financial or non-financial interest that an individual involved in
decision-making processes may have,which could potentially influence their judgment or actions to
the detriment of the organization’s best interests.Personal interests may include,but are not limited
to,financial gain,familial relationships,or other connections that might compromise objectivity.
Relationship means any relationship of the employee to persons of their immediate family whether
related by blood,adoption,marriage,or common-law relationship,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.
Reasonable Apprehension of Bias is the legal standard for conflicts of interest which is raised when
a person who is informed of all the facts would reasonably conclude that there is an appearance of
bias on the part of the employee.
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POLICY P.024.HR
TITLE: EMPLOYEE CONFLICT OF INTEREST
Date issued: 15 May 1998
Revised: 11 June 2003
Authorization: Board: 11 May 1998
1.0 OBJECTIVE
To define guidelines and restrictions for employees with respect to conflict of interest.
2.0 DEFINITIONS
In this policy,
2.1 Employee refers to all persons who are currently engaged in active employment with
the Board, regardless of employment status (e.g. full-time, part-time, regular, term,
contract).
2.2 Conflict of interest is defined as any direct or indirect interest in, connection with, or
benefit from, outside activities, especially business activities in which involvement might
adversely affect the Board or benefit the employee directly or indirectly as a result of the
employee's position or connection with the Board. Employees must remain free of any
such obligation, interest or distraction that may adversely affect or interfere with the
employee's judgment and/or objectivity in the performance of duty as an employee of
the Board.
2.3 Family member shall have the same meaning as a “related person” under the Income
Tax Act, and includes a spouse, child, grandchild, parent, parent-in-law, son-in-law,
daughter-in-law, brother, sister, brother-in-law, sister-in-law, or anyone for whom the
employee stands in loco parentis.
3.0 POLICY
3.1 The employees of the Ottawa-Carleton District School Board ("OCDSB" or "the Board")
occupy positions of great public trust and confidence. They are expected to discharge
their duties and responsibilities professionally, efficiently and impartially.
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3.2 The onus is on each employee to anticipate and to avoid conflicts of interest. No
employee shall have an interest, direct or indirect, in any supplier of the Board which
might:
a) produce personal gain for an employee at the expense of the Board;
b) detract from the time and energy which such employee ought to devote to his or
her duties on behalf of the Board;
c) cause embarrassment to the Board; or
d) leave the employee open to pressure that might affect the int erests of the Board.
It is important to avoid not only real conflicts of interest but also being placed in the
position that could give the appearance of being in conflict with the Board's interest.
3.3 It is imperative that employees always be seen as acting in the best interests of the
publics they serve, and do not compromise themselves in the discharge of their duties
by offering to accept, directly or indirectly, any gift, reward, benefit or favour or using
their position or the resources of the Board for personal or private gain. Specifically, the
following legislation or professional standards govern the conduct of the employees of
the Board:
The Education Act, 1998, Section 217: applicable to all Board employees;
Policy of the Ontario Teachers' Federation, Section III, Professional Ethics: applicable
to all members of the Teachers' Federations.
3.4 In extension of the foregoing, it is the policy of the Ottawa-Carleton District School
Board that no employee shall accept any gift, reward, benefit or favour which could
reasonably be construed as an incentive to encourage the recipient to use his or her
influence with pupils, parents, staff or other persons associated with the Board, for the
purpose of:
a) patronizing any commercial enterprise;
b) obtaining preferential treatment for persons, agents or organizations in their
dealings with the Board, including suppliers, consultants and contractors.
4.0 SPECIFIC DIRECTIVES
4.1 No employee of the Board shall, for compensation of any kind other than his or her
salary as such employee, 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 Board or any school Board, provincial school or teachers' college, or to any pupil
enrolled therein. This restriction does not apply in respect of a book or other teaching or
learning materials of which the employee is an author where the only compensation that
the employee receives is a fee or royalty.
4.2 No employee of the Board shall conduct non-Board business on Board time, or use
Board equipment, resources, including financial, technical and human resources, or
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facilities, including communications channels, to promote or benefit personal business,
political or religious interests, unless prior approval has been obtained, in writing from
the Director of Education or designate.
4.3 No employee of the Board shall use Board property, including automated resources, for
any purpose not explicitly approved by the Board. All software developed by employees
of the Board in the course of their employment or provided by third parties shall be
treated as property of the Board. This requirement extends to information held on
magnetic media (e.g. computer disks) within an employee's custody. Any unauthorized
copying of proprietary material, including but not restricted to computer tapes, video
tapes and software may place the Board in breach of copyright laws, and is strictly
prohibited.
4.4 No employee of the Board shall furnish lists or names, addresses and/or phone
numbers of pupils, or of the pupils’ parents/guardians, to outside interests.
4.5 No employee of the Board shall use or transmit non-public information or use
knowledge gained from Board business for any personal business transaction before
that information becomes public or transmit such knowledge to any persons outside the
Board or to other employees of the Board who do not need to know such information in
the performance of their work. Employees who are unsure whether a particular piece of
information in non-public in nature shall seek direction from their immediate supervisor.
4.6 Goods and services not specifically restricted by this policy may be promoted, offered
for sale or sold through the schools with the prior approval, in writing, of the Director or
designate. Questions of whether the promotion or sale of goods and services are
prohibited or permissible with approval shall be determined by the Director or designate.
4.7 Employees, including but not limited to teachers and student services personnel, may
only provide private services (e.g. tutorial, psychological, therapeutic, clerical, technical,
financial, mechanical) to students or other employees who are not in the schools or
areas in which the employees provide the same services in the course of their
employment duties with the Board, and then only with the prior consent, in writing, of the
Director of Education or designate. Any such request must include a statement that the
potential service recipient (or responsible adult) has signed a waiver (please see
Attachment A, Page 1 and Page 2), which acknowledges that the provider of private
services:
a) is an employee of the Board;
b) where applicable, has advised that, subject to eligibility criteria, alternative
services within the Board may be available and that these services are provided
free of charge;
c) where applicable, has offered to facilitate the appropriate referral process for
services within the Board;
d) remains the provider of choice.
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In making such a request to provide private services, the employee shall not be required
to disclose the identity of the service recipient.
4.8 No employee shall use his or her influence to gain special favour for a family member in
obtaining employment with the Board, obtaining contracts or any other financial benefit.
Specifically, employees who are in a position to make hiring/selection decisions will not
hire a family member to work for them directly in any capacity.
4.9 This policy does not preclude the hiring or employment of staff who are members of
another employee's immediate or extended family. It also does not preclude an
employee from supervising, either directly o r indirectly, a family member. Nevertheless,
it is incumbent on employees involved in or responsible for the hiring/selection or
supervision of staff to ensure that any such arrangements involving family members
meet the tests of equity and propriety.
4.10 No employee shall accept gifts, favours, fees, stipends, reduced or free goods or
services or a benefit of any kind from an individual or company which provides goods or
services to the Board, or which is seeking to provide goods or services to the Board,
where the employee is in a position to influence such dealings. This includes the
acceptance of reduced or free seasonal passe s from ski hill operators for participation in
familiarization programs. This policy does not preclude employees from accepting gifts
or honoraria of modest value for services rendered in the course of their duties, (e.g. for
speaking engagements), which are given as a token of appreciation only. Also, they
may accept passes required to accompany students on excursions or field trips which
are in direct support of the event. Any such gift, honorarium or pass which exceeds an
estimated value as established from time to time by the Director of Education, shall be
declared with the Director of Education or designate.
4.11 Where an employee believes that exceptional circumstances exist or that a conflict of
interest could exist or is likely to arise, the employee shall consult with his or her
immediate supervisor. If the supervisor agrees that there are exceptional
circumstances or that the conflict exists or could arise, the Director of Education or
designate shall be notified in writing, and shall issue a ruling as to an appropriate course
of action to be followed.
4.12 An employee who has acted in contravention of this policy is subject to appropriate
disciplinary penalties to be imposed at the discretion of the Director or designate.
5.0 APPENDICES
Attachment A: ACKNOWLEDGMENT AND WAIVER OF POTENTIAL CONFLICT OF
INTEREST
6.0 REFERENCE DOCUMENTS
Education Act, 1998, § 217
Income Tax Act
Policy of the Ontario Teachers' Federation, Section III, Professional Ethics
Board Policy P.052.SCO: Fund-raising in Schools
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Board Policy P.069.FIN: Tendering, Purchasing and Acquisition of Supplies and Services
Board Policy P.095.PLG: Decommissioning and Disposal of Surplus Board Property
Board Procedure PR.502.FIN: Spending Authorization and Controls
Board Procedure PR.558.FIN: Tendering, Purchasing and Acquisition of Supplies and
Services
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Attachment A
Page 1
Re: ____________________________
(name of student)
and
_____________________________________________________
(name of Board staff member)
The attached “ACKNOWLEDGMENT AND WAIVER OF POTENTIAL CONFLICT OF
INTEREST” regarding__________________ (name of student) has been reviewed and
accepted by the Director of Education and is valid for the period to the end of August of the
current school year.
Date: ____________________ Director of Education or Designate: ___________________
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Attachment A
Page 2
ACKNOWLEDGMENT AND WAIVER OF POTENTIAL CONFLICT OF INTEREST
I, _____________________ (name of parent), on my behalf and on behalf of my child
____________________ (name of student) confirm that I have retained, on a fee for service basis,
____________________ (name of board employee) to work with my child after regular school hours.
I further confirm I am aware that ____________________(name of board employee) is employed by
the Ottawa-Carleton District School Board as an Educational Assistant and that:
he/she works with my child at school as part of his/her regular duties
or
he/she works elsewhere in the school and may at some time in the future work directly
with my child.
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 p otential conflict of interest for
the employee within the meaning of Ottawa-Carleton District School Board Policy P.024HR
(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
Date: __________________
Parent(s)/Guardian(s): ___________________
___________________
Instructions: Staff member: please explain the necessity for this to be completed and when
signed, forward the original document to _________________________
Note: If approved, copies will be forwarded to:
(a) Staff member
(b) Parent/Guardian
(c) Principal of staff member’s School/Department
(d) Principal of student’s School/Department for the OSR