3053 - Conflict of Interest

Any ESU employee who meets the conditions set forth in this policy shall be deemed to have a business or financial conflict of interest.

Definitions. For the purposes of this policy:
1. Business with which an employee is associated shall include the following:
  1. A business in which the employee or a member of his or her immediate family is a partner, a limited liability company, or serves as a director or an officer.
  2. A business in which the employee or a member of his or her immediate family is a stockholder in a closed corporation with stock worth one thousand dollars or more, or the employee or his or her immediate family owns more than a five percent equity interest or is a stockholder of publicly traded stock worth more than ten thousand dollars or more at fair market value, or which represents more than ten percent equity interest. This shall not apply to publicly traded stock under a trading account if the employee reports the name and address of the company and stockbroker.
2. A business association shall be defined to include an individual as a partner, limited liability company member, director or officer, or a business in which the individual or member of the immediate family is a stockholder.
3. Immediate family member or member of the immediate family shall mean a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes
Contracts with the ESU.
1. No employee or member of his or her immediate family shall enter into a contract valued at two thousand dollars or more, in any one year, with this ESU unless the contract is awarded through an open and public process that (1) includes prior public notice and (2) allows the public to inspect during the ESU’s regular business hours the proposals considered and the contract awarded.
2. The existence of any conflict of interest in any contract in which the employee has an interest and in which the ESU is a party, or the failure to make public the employee's interest known, may render a contract null and void.
3. The prohibition of a conflict of interest or requirement for public notice shall apply when the employee, or his or her immediate family has a business association with the business involved in the contract or will receive a direct pecuniary fee or commission as a result of the contract.
Employing Members of the Immediate Family.
1. An employee may employ or recommend or supervise the employment of an immediate family member if:
  1. The employee does not abuse his or her position.
    1. Abuse of official position shall include, but not be limited to, employing an immediate family member:
      1. who is not qualified for and able to perform the duties of the position;
      2. for any unreasonably high salary;
      3. who is not required to perform the duties of the position.
    2. The employee makes a reasonable solicitation and consideration of applications for employment.
    3. The employee makes a full disclosure on the record to the governing body of the ESU and to the secretary of the board.
    4. The board approves the employment or supervisory position.
2. The employee shall not terminate the employment of another employee so as to make funds or a position available for the purpose of hiring an immediate family member
Gifts, Loans, Contributions, Rewards, or Promises of Future Employment
1. No employee shall offer or give to the following persons anything of value, including a gift, loan, contribution, reward, or promise of future employment, based upon an agreement that a vote, official action, or judgment would be influenced thereby:
  1. a public official, public employee, or candidate.
  2. a member of the immediate family of an individual listed in Subparagraph 'a' above.
  3. a business with which an individual listed in Subparagraph (1) or (2) above is associated.
2. No employee shall solicit or accept anything of value, including a gift, loan, contribution, reward, or promise of future employment based on an agreement that the vote, official action, or judgment of the employee would thereby be influenced.
3. An employee shall not use or authorize the use of his or her public employment or any confidential information received through the public employment to obtain financial gain, other than compensation provided by law, for himself or herself or a member of his or her immediate family, or a business with which he or she is associated.
4. An employee shall not use or authorize the use of personnel, resources, property, or funds under that person's official care and control other than in accordance with prescribed constitutional, statutory, and regulatory procedures or use such items for personal financial gain, other than compensation provided by law.
Conflict of Interest Relating to Campaigning or Political Issues
1. Except as provided below, an employee shall not authorize the use of ESU personnel, property, resources, or funds for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question.
2. This does not prohibit an employee from making ESU facilities available to a person for campaign purposes if the identity of the candidate or the support for or opposition to the ballot question is not a factor in making the facilities available or a factor in determining the cost or conditions for use.
3. This does not prohibit an employee from discussing and voting upon a resolution supporting or opposing a ballot question.
4. This does not prohibit an employee under the direct supervision of a public official from responding to specific inquiries by the press or the public as to the board's opinion regarding a ballot question or from providing information in response to a request for information.
5. An employee may present his or her personal opinion regarding a ballot question or respond to a request for information related to a ballot question; but in so doing, the person should clearly state that the information being presented is his or her personal opinion and is not to be considered as the official position or opinion of the ESU. However, this shall not be done during a time that the individual is engaged in his or her official duties.
Additional Procedures Applicable to Employees With An Annual Salary and Benefits of More than $150,000 Per Year
1. Staff whose annual salary and benefits exceed one hundred fifty thousand dollars should assess whether they have a conflict of interest before taking any action or making any decision.
2. Employees have a conflict of interest pursuant to this subdivision of the policy when their actions or decisions may cause financial benefit or detriment to themselves, a business with which they are associated or a member of their immediate family.
  1. When assessing whether a conflict of interest exists, qualifying staff members should assess whether the benefit or detriment identified is distinguishable from the effects of such action on the public generally or a broad segment of the public.
  2. If qualifying employees are unsure as to whether a conflict of interest exists, they may apply to the Nebraska Political Accountability and Disclosure Commission for an opinion as to whether they have a conflict of interest.
3. Qualifying employees who determine that a conflict of interest does exist under this policy shall:
  1. Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;
  2. Deliver a copy of the statement to the secretary of the board of education, who shall enter the statement onto the public records of the ESU; and
  3. Abstain from participating in the matter in which the employee has a conflict of interest.
4. This subsection does not prevent a qualifying employee from making or participating in the making of a decision to the extent that the employee's participation is legally required for the action or decision to be made.
Conflict. To the extent that there is a conflict between this policy and the Nebraska Political Accountability and Disclosure Act (“Act”), the Act shall control.

Adopted on: December 10, 2018
Reviewed on: May 9, 2022
Revised on: August 12, 2024

3053: Conflict of Interest