All district employees must practice exemplary ethical behavior in purchasing. Employees are to avoid any action that may be considered a conflict with their position with the district and those dealings with vendors who provide goods and services to the district. All district employees should adhere to the following terms and conditions of the board’s policy on Ethics and Conduct in Purchasing: Vendor Relations.%
Federal Code of Standards of Conduct
Under Federal Regulation 2 CFR 200.318 © (1), the Board of Education hereby acknowledges that the Ethics and Conduct in Purchasing section applies to the selection, award, and administration of contracts using federal funds.
Financial Interest in any Contract with the Board of Education—Prohibited
No employee or board member may have a direct interest in any contract or agreement for the sale of goods and services to the Board of Education nor receive any benefit, compensation, or reward from any contract for the sale of goods and services to the Board of Education. Reference—N.J.S.A. 18A:6-8.
Solicitation/Receipt of Gifts from Vendors — Prohibited
School board members, school officials, employees, or members of their immediate family are prohibited from soliciting, receiving, or agreeing to receive any compensation, reward, employment, gift, meal, honorarium, travel, reimbursement, favor, loan, service, or other things of value from any person, firm, corporation, partnership, or business that is a recipient of a purchase order from the district, or a potential bidder, or an applicant for any contract with the district, based upon an understanding that what is solicited or offered was to influence the board member or school employee in the discharge of their official duties. This policy shall be consistent with the School Ethics Act—N.J.S.A. 18A:12-21 et seq.
School District Responsibility – Favoritism; Family Members; Businesses
School officials and employees who recommend purchases shall not extend any favoritism to any vendor. Each recommended purchase should be based upon the quality of the items, service, price, delivery, and other applicable factors in full compliance with N.J.S.A. 18A:18A-1 et seq.
School officials and employees are to avoid recommending purchases from members of their families, businesses that employ members of their families, and businesses in which the official, employee, or members of their immediate family have a direct financial interest.
School officials and employees authorized to sign off on purchase orders and/or recommend purchases or business transactions by virtue of their signature on the purchase order certify that their actions are consistent with this policy and all applicable statutes.
Vendor Responsibility – Doing Business with the Board of Education
Any vendor doing business or proposing to do business with the Board of Education shall neither pay, offer to pay, either directly or indirectly, any fee, commission, or compensation, nor offer any gift, gratuity, or other things of value of any kind to any official or employee of the Board of Education or any member of the official’s or employee’s immediate family.
No vendor shall influence or attempt to influence any official or employee of the Board of Education in any manner that might tend to impair said official or employee’s objectivity or independence of judgment.
Vendor Certification
Vendors will be asked to certify that no official or employee of the Board of Education or immediate family members are directly or indirectly interested in this request or have any interest in any portions of profits thereof. The vendor participating in this request must be an independent vendor, not an official or employee of the Board of Education.
Disciplinary Actions for Violations of the Policy—Sanctions
According to N.J.S.A. 18A:6-8, any school district employee who violates the terms of this policy may be subject to withholding annual increments, suspension, demotion, school ethics complaint, termination, and/or revocation of license to teach or to administer.
Conflict of Interests
No employee, officer, or agent of the Board of Education may participate in the selection, award, or administration of any contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. Ref. 2 CFR 200.318 © (1)
School district employees who are part of an evaluation committee to review responses to Request for Proposals (RFP) and/or to Competitive Contracting proposals will be required to complete a Conflict of Interest certification in accordance with N.J.A.C. 5:34-4.3 (e) (f).
Possible Conflict of Interest
Any school employee who feels there may be a potential conflict of interest with a recommendation of the award with any vendor doing business with the district is encouraged to contact the School Business Administrator for guidance.