The superintendent shall observe rules of conduct established in law which specify that a school employee shall not:
- Disclose or use confidential information acquired in the course of employment to further substantially personal financial interests.
- Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position or which the superintendent knows or should know is primarily for the purpose of a reward for action taken in which discretionary authority was exercised.
- Engage in a substantial financial transaction for private business purposes with a person whom the superintendent supervises.
- Perform any action in which the superintendent has discretionary authority which directly and substantially confers an economic benefit on a business or other undertaking in which there is substantial financial interest or in which the superintendent is engaged as counsel, consultant, representative or agent.
The phrase “economic benefit tantamount to a gift of substantial value” includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.
It is permissible for the superintendent to receive:
- An occasional nonpecuniary gift which is insignificant in value.
- A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service.
- Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which the superintendent is scheduled to participate.
- Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position.
- Items of perishable or nonpermanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events.
- Payment for speeches, appearances or publications reported as honorariums.
It shall not be considered a breach of conduct for the superintendent to:
- Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis.
- Accept or receive a benefit as an indirect consequence of transacting school district business.
A superintendent may request an advisory opinion from the independent ethics commission concerning issues relating to conduct that is proscribed by state law.
Adopted: December 14, 1993
Revised: August 9, 2005
Revised: September 23, 2013
LEGAL REFS.: C.R.S. 18-8-308 (disclosure of pecuniary conflicts of interest)
C.R.S. 22-32-110 (1)(k) (power to adopt conduct rules)
C.R.S. 24-18-104 (government employee rules of conduct)
C.R.S. 24-18-109 (local government employee rules of conduct)
C.R.S. 24-18-111 (secretary of state advisory opinions)
Huerfano School District Re-1, Walsenburg, Colorado