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Columbus ISD
045902
EMPLOYMENT REQUIREMENTS AND RESTRICTIONS:
CONFLICT OF INTEREST
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DBD
(LEGAL)
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HOLDING PUBLIC OFFICE
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District employees shall not be barred from serving as members of the governing bodies of school districts (other than those in which they are employed), cities, towns, or other local governmental districts. A schoolteacher, retired schoolteacher, or retired school administrator may receive compensation for serving as a member of those governing bodies, including a water district created under Section 59, Art. XVI, or Section 52, Art. III. However, Trustees of an independent school district serve without compensation. Tex. Const., Art. XVI, Sec. 40(b); Atty. Gen. Op. DM-55 (1991), LA-114 (1975); Education Code 11.061(d)
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RESTRICTIONS ON
`PUBLIC SERVANTS'
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"Public servant" includes a person elected, selected, appointed, or employed as an officer, employee, or agent of the government. Penal Code 1.07(41) [See also BBFA and DH]
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ABUSE OF PUBLIC EMPLOYMENT
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A public servant commits an offense if he or she, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly violates a law relating to the public servant's office or employment, or misuses government property, services, personnel, or any other thing of value, belonging to the government, that has come into his or her custody or possession by virtue of his or her office or employment. Penal Code 39.02(a)
"Law relating to the public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly imposes a duty on the public servant or governs the conduct of the public servant. Penal Code 39.01(1)
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A public servant commits a class A misdemeanor offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties. However, a public servant is not prohibited from accepting transportation and lodging expenses or meals in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent those services are more than merely perfunctory. Penal Code 36.07
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A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the District commits a class A misdemeanor offense if he or she solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any such transactions. Penal Code 36.08(d)
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TEXTBOOKS
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Any administrator or teacher who receives any commission or rebate on any books used in the schools with which the person is concerned as administrator or teacher commits a Class B misdemeanor offense.
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Any administrator or teacher commits a class B misdemeanor offense if the administrator or teacher accepts a gift, favor, or service that:
- Is given to the person or the person's school;
- Might reasonably tend to influence an administrator or teacher in the selection of a textbook; and
- Could not be lawfully purchased with funds from the state textbook fund.
"Gift, favor, or service" does not include staff development, in-service, or teacher training; or instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.
Education Code 31.152
A person commits a Class C misdemeanor offense if the person knowingly violates any law providing for the purchase or distribution of free textbooks for the public schools. Education Code 31.153
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Note: See also CBB for requirements when federal funds are involved.
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DATE ISSUED: 12/16/2003
UPDATE 72
DBD(LEGAL)-P
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