HomeMy WebLinkAboutP 024 HR - Employee Conflict of Interest
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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
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