421 Gifts to Employees and School Board Members
Policy 421 – Gifts to Employees and School Board Members
Purpose: The purpose of this policy is to avoid the appearance of impropriety or the appearance of a conflict of interest with respect to gifts given to school district employees and school board members.
General Statement of Policy
- The Crosslake Community School (CCS) a recognizes that students, parents, and others may wish to show appreciation to school district employees. The policy of the school district, however, is to discourage gift-giving to employees and to encourage donors instead to write letters and notes of appreciation or to give small tokens of gratitude as memorabilia.
- A violation of this policy occurs when any employee solicits, accepts, or receives, either by direct or indirect means, a gift from a student, parent, or other individual or organization of greater than nominal value.
- A violation of this policy occurs when any employee solicits, accepts, or receives a gift from a person or entity doing business with or seeking to do business with the school district. Employees may accept items of insignificant value of a promotional or public relations nature. The school director has discretion to determine what value is “insignificant.”
- Teachers may accept from publishers free samples of textbooks and related teaching materials.
- This policy applies only to gifts given to employees where the donor’s relationship with the employee arises out of the employee’s employment with the school district. It does not apply to gifts given to employees by personal friends, family members, other employees, or others unconnected to the employee’s employment with the school district.
- An elected or appointed member of a school board, a school superintendent, a school principal, or a district school officer, including the school business official, may not accept a gift from an interested person. F. CCS does not not allow gifts of any kind to be given or received by CCS Board Directors in their Board Member status. If a CCS staff member who is also a Board Director receives a gift of nominal value from a student/family member in their role as a CCS staff member, this would not constitute a violation of this policy. Members of charter school boards and persons employed as charter school directors and chief administrators are subject to the requirements of Minnesota Statutes, sections 10A.071 and 471.895.
[NOTE: The 2025 Minnesota legislature added this provision to Minnesota Statutes, section 124E.03.]
Definitions
- “Gift” means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment that is given without something of equal or greater value being received in return.
- “Interested person” means a person or a representative of a person or association that has a direct financial interest in a decision that a school board member, a superintendent, a school principal, or a district school officer is authorized to make.
- “Financial interest” means any ownership or control in an asset which has the potential to produce a monetary return.
Procedures
Any employee considering the acceptance of a gift shall confer with the administration for guidance related to the interpretation and application of this policy.
Violations
Employees who violate the provisions of this policy may be subject to discipline, which may include reprimand, suspension, and/or termination or discharge.
Legal References:
- Minn. Stat. § 10A.07 (Conflicts of Interest)
- Minn. Stat. § 10A.071 (Prohibition of Gifts)
- Minn. Stat. § 15.43 (Acceptance of Advantage by State Employee; Penalty)
- Minn. Stat. § 124E.03, subdivision 11 (Statement of Economic Interest; Gift Ban)
- Minn. Stat. § 124E.14 (Conflicts of Interest)
- Minn. Stat. § 471.895 (Certain Gifts by Interested Persons Prohibited)
Cross References:
- MSBA/MASA Model Policy 209 (Code of Ethics)
- MSBA/MASA Model Policy 210 (Conflict of Interest – Charter School Board Members)
- MSBA/MASA Model Policy 306 (Administrator Code of Ethics)
