GBEEA Staff Use of Facilities for Private Remuneration

GBEEA

STAFF USE OF FACILITIES FOR PRIVATE REMUNERATION

A. Purpose

1. ▻ In accordance with MGL 268A no employee of the Ashburnham-Westminster Regional School District may conduct activities for personal gain in District buildings or on District grounds nor may they use any District resources to advertise any activity resulting in private compensation.

2. ▻ AWRSD Policy GBEA prohibits private business on School Property.

3. However, the School Committee recognizes that it may be beneficial to our students for employees of the District to offer certain activities, independent of the District’s fiscal authority and normal lines of instructional supervision, that augment the curriculum and/or programs offered by the District, utilizing District classrooms or other District facilities with equipment and materials owned and/or managed by the District.

B. Authority

• 1. Guidelines published by the Massachusetts Ethics Commission provide that a school committee may adopt policy that permits exceptions from the restrictions imposed by MGL 268A §23(b)(2).

  2. Therefore, the Superintendent is hereby authorized to issue exemptions to the restrictions cited in §A.1. on a case by case basis, that allow District employees to offer activities to AWRSD enrolled students, for private remuneration, that promote the intent of §A.2.

The Superintendent shall develop regulations that specify terms and conditions under which District employees may apply for exemption and deliver such activities.

(a) Said regulations shall include but not necessarily be limited to:

• • 1. ) The specific activities exempted.

    2. ) The location(s) where such activities may be held.

    3. ) The date(s) and time(s) allowed.

    4. ) A building use fee to be assessed for such activities.

    5. To encourage the greatest possible advantage to our students the building use fee may be considered a “token fee” and need not reflect actual costs associated with such use or any other fee schedule used by the District (see §B.2.(b) below); however, the dates and times allowed should take into account that the District ought not to incur significant ancillary custodial, heating or other costs.

(b) While not published in the regulations, the Superintendent should consider the activity fee charged by the employee to students in determining if the activity is to be permitted.

The School Committee expects all such activity fees to reflect a discount for the benefit the employee enjoys from this policy.

(c) If District consumable materials will be used in such activities then either reimbursement or replacement of such materials is required.

C. Miscellaneous

• 1. To the extent the District’s interest in Facilities and Resources must be protected the Superintendent should solicit input from, and may delegate any required oversight responsibility to, building principals when granting activity exemptions.

  2. All activities given exemption per this policy are subject to annual review by the Superintendent.

  3. The Superintendent shall annually publicly inform the School Committee of all activities given exemption, making note of §C.4. below.

  4. It should be clearly understood by all parties participating, or considering participation, in any exempted activity, that such activities are not sponsored, endorsed or advocated by the District.

LEGAL REF: M. G. L. 268A

Mass. Ethics Commission FAQs for Public School Teachers

CROSS REF: GBEA Staff Ethics / Conflict of Interest

First Reading: 1/5/16 Second Reading: 1/19/16 ADOPTED: 2/9/16