Policy 541 - Employee Ethics
Adopted on June 18, 2019
Effective July 1, 2019
The Board recognizes that as a public agency in the State of West Virginia, its Board members, Superintendent, and employees are bound in their official acts by the provisions of the West Virginia Governmental Ethics Act and directs all of the above who question whether an action is ethical under the same to consult with the West Virginia Ethics Commission before engaging in such action.
Staff Gifts
Staff should be aware that the solicitation and receipt of gifts as a direct or indirect result of their employment with the Board is strictly regulated by the West Virginia Governmental Ethics Act, and any such solicitation or receipt should be examined against these regulations prior to its undertaking. Except in the case of a gift that is a ceremonial award; meal or beverage; has nominal value of $25 or less; involves customary or courtesy admission to a charitable, cultural, or political event; is of a purely private and personal nature; or is from a relative or member of the same household, all gifts should be reviewed under the requirements of the West Virginia Governmental Ethics Act. Staff members who are unsure of their standing under the Act should consult the Superintendent.
Outside Activities of Staff
The Superintendent shall develop administrative guidelines so that staff members may avoid situations in which their personal interests, activities, and associations may conflict with the interests of the Board. If such situations threaten a staff member's effectiveness within the school system, the Superintendent shall evaluate the impact of such interest, activity, or association upon the staff member's responsibilities.
Participation in Political Activities
One of the primary purposes of the school is to create an environment that will permit students to grow and develop. To be of maximum effect, this environment must extend to both the formal academic program as well as to the many extra-curricular activities sponsored by the School. Because of the ages of the students and the significance of the task, it is important that this environment be protected from interference by external, sometimes coercive or disruptive, forces and influences that do not substantially contribute to the learning process.
Non-school related activities, including political activities, do not contribute to a positive learning climate and may be disruptive, divisive and distracting. Therefore, such activities are not appropriate within the school setting. It is the intention of the Board of Education to regulate such activities on all Board owned or used property, within all school buildings and all school sponsored activities.
Specifically:
- Literature supporting or opposing one (1) or more candidates, issues, or a particular point of view; commercial literature, and other non-school related literature shall not be distributed on or in Board-owned or occupied buildings or grounds, inside of school buildings or on school buses immediately before or after school or while schools in session. (The distribution of materials to students by other students is governed by the regulations contained in Board of Education Policy).
- Literature supporting or opposing one (1) or more candidates, issues, or a particular point of view; commercial literature, and other non-school related literature shall not be distributed at school sponsored extra-curricular activities or athletic events wherever they may occur. This regulation shall not prohibit the distribution of literature outside of the entrances and exits of athletic events which are held on property and/or in buildings not owned and/or controlled by the Board, providing that any such distribution does not interfere with the ability of individuals to freely enter or leave the facility, is not disruptive, and does not take place when school is in session. Provided, however, that such distribution may not occur on property owned and/or controlled by the Board.
- Non-school related, political, and/or commercial literature, or campaign posters supporting one (1) or more candidates, issues or a particular point of view shall not be displayed within the schools or on school owned or occupied property, unless done as part of any approved teaching unit.
- When the school facilities are used as a polling place, State regulations will be followed with respect to political activities, the display of political posters, and distribution of political literature on school property.
- Employees of the Board shall not engage, during the course of their employment, in any activities that support or oppose one (1) or more candidates, issues or a particular point of view while engaged in the performance of their duties. The right to express political or other opinions and exercise constitutional rights as citizens is naturally reserved to all employees.
Freedom of Speech in Noninstructional Settings
The Board acknowledges the right of its staff members, as citizens in a democratic society, to speak out on issues of public concern. When those issues are related to the Board, however, the staff member's expression must be balanced against the interests of this Board.
The following guidelines are adopted by the Board to help clarify and, therefore, avoid situations in which the professional staff member's expression could conflict with the Board's interests. In such situations, she/he should:
- state clearly that his/her expression represents personal views and not necessarily those of the Board, its employees, students, parents, or the Superintendent;
- consider carefully before making uttering expressions which will likely disrupt harmony among co-workers or interfere with the maintenance of discipline by school officials;
- not make threats or abusive or personally defamatory comments about co-workers, administrators,
orofficials, or members of the Board; - refrain from making public expressions which she/he knows to be false or are made without regard for truth or accuracy.
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