BOARD POLICY - 9270

Board members shall not engage in any employment or activity or hold any office which is inconsistent with, incompatible with, in conflict with, or inimical to the Board member's duties as an officer of the district. (Government Code 1099, 1126)

Conflict of Interest under the Political Reform Act

The Governing Board desires to maintain the highest ethical standards and help ensure that decisions are made in the best interest of the district and the public. In accordance with law, Board members and designated employees shall disclose any conflict of interest and, as necessary, shall abstain from participating in the decision.  Accordingly, no Board member, district employee, or other person in a designated position shall participate in the making of any decision for the district when the decision will or may affect his/her financially, family, or other personal interest or considerations.

A Board member cannot change or make decisions specific to their spouse’s employment and/or promotion status while the Board member is serving on the board. If the spouse of the Board member has been with the district for at least one year prior to the board member’s election or appointment, the Legislature has determined that the Board member falls into the category of “noninterests” as stated in Government Code Section 1091.5(a)(6). Further, Government Code Section 1091.5(a)(6) does not allow a Board member’s spouse to move from one position to another after the Board member has been elected or appointed as doing so would be in violation of Government Code 1090, which states in part, “Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.”

Even if a prohibited conflict of interest does not exist, a Board member shall abstain from voting on personnel matters that uniquely affect his/her relatives. However, a Board member may vote on collective bargaining agreements and personnel matters that affect a class of employees to which his/her relative belongs. Relative means an adult who is related to the Board member by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (Education Code 35107)

A relationship within the third degree includes an individual's parents, grandparents, great-grandparents, children, grandchildren, great-grandchildren, brothers, sisters, aunts, uncles, nieces, nephews, and the similar family of the individual's spouse/registered domestic partner unless the individual is widowed or divorced.

Gifts

Board members and designated employees may accept gifts only under the conditions and limitations specified in Government Code 89503 and 2 CCR 18730.

The limitation on gifts does not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. (Government Code 89503)

In addition, the limitation on gifts does not apply to informational materials such as books, reports, pamphlets, calendars, and periodicals. (Government Code 82028)

Gifts of travel and related lodging and subsistence shall be subject to the current gift limitation, except when: (Government Code 89506)

1. The travel is in connection with a speech given by a Board member or designated employee, provided the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech and the travel is within the United States.
2. The travel is provided by a person or agency specified in Government Code 89506, including a government, governmental agency or authority, bona fide public or private educational institution, as defined in Revenue and Taxation Code 203, or nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

Gifts of travel exempted from the gift limitation, as described in items 1 and 2 above, shall nevertheless be reportable on the recipient's Statement of Economic Interest/Form 700 as required by law.

A gift of travel does not include travel provided by the district for Board members and designated employees. (Government Code 89506)

Honoraria

Board members and designated employees shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. (Government Code 89501, 89502)

The term honorarium does not include: (Government Code 89501)

1. Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession, unless the sole or predominant activity of the business, trade, or profession is making speeches
2. Any honorarium which is not used and, within 30 days after receipt, is either returned to the donor or delivered to the district for donation into the general fund without being claimed as a deduction from income for tax purposes

BYLAW OF THE BOARD OF EDUCATION

Pursuant to Resolution No. 09-10-58, adopted March 16, 2010, the Irvine Unified School District adopted the State's model code for Conflict of Interest (Title 2, California Code of Regulations, Section 18730) including a designated filer list and standard disclosure categories.

ATTACHMENT A

Irvine Unified School District

Conflict of Interest Code

The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Ca. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in any agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Irvine Unified School District.

Board members and designated employees shall annually file Statements of Economic Interests with the Irvine Unified School District's Political Reform Act Filing Officer, the Superintendent or Designee, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of the Board of Education, the Superintendent, Assistant Superintendents and Legal Counsel, the Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors. Statements for all other designated employees will be retained by the Filing Officer. A Board member who leaves office or a designated employee who leaves district employment shall, within 30 days, file a revised statement covering the period of time between the closing date of the last statement and the date of leaving office or district employment.

EXHIBIT A

List of Designated Positions

EXHIBIT B

Standard Disclosure Categories

Policy Adopted: December 6, 1994
Policy Revised: October 5, 2004
Policy Revised: March 16, 2010
Policy Revised: August 21, 2012
Policy Revised: February 18, 2014
Policy Revised: September 16, 2014
Policy Revised: February 16, 2016
Policy Revised: October 20, 2020