Ethics and the Purchasing Function Policy 6401/9100

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to conducting all purchasing and contracting activities in a manner that upholds the highest standards of integrity, transparency, fairness, and public trust.  As a K-12 residential school serving Deaf and Hard of hearing students, ENCSD recognizes the responsibility to steward public funds responsibly while ensuring that purchasing decisions support the educational, residential, and operational needs of the school community.

This policy establishes ethical standards governing the purchasing function and ensures compliance with applicable federal and state laws, regulations, and sound business practices.

Policy Statement

All ENCSD employees, officers, and agents involved in purchasing, contracting, or recommending purchases shall conduct themselves in a manner that avoids conflict of interest, favoritism, or the appearance of impropriety.  Purchasing decisions shall be based solely on the best interests of ENCSD, considering price, quality, suitability, accessibility, service, and compliance with applicable laws and policies.

No employee shall use their position for personal gain or to improperly benefit any individual, vendor, or organization.

I. Definitions

For the purposes of this policy, the following definitions apply:

• Conflict of Interest: A situation in which an individual’s personal, financial, or other private interests could influence, or appear to influence, the impartial performance of their official duties.
• Gift or Gratuity: Anything of value, including but not limited to money, favors, services, entertainment, meals, travel, discounts, or promises of future benefits.
• Purchasing Function: Any activity related to the solicitation, evaluation, selection, recommendation, or approval of vendors, goods, or services, including contract administration.
• Vendor: Any individual, business, or organization that provides or seeks to provide goods or services to ENCSD.

II. Ethical Standards

1. General Conduct

   Employees involved in the purchasing function shall:

   1. Act with honesty, integrity, and professionalism.
   2. Ensure open and fair competition to the maximum extent practicable.
   3. Safeguard confidential information and use it only for official purposes.
   4. Avoid actions that compromise, or appear to compromise, the integrity of the purchasing process.
2. Conflicts of Interest
   1. No employee shall participate in or influence a purchasing decision if they, a member of their immediate family, or a business with which then are associated has a financial or personal interest in the transaction.
   2. Employees must disclose any actual or potential conflict of interest to their supervisor of the appropriate administrator as soon as it is known.
   3. Employees with a conflict of interest shall recuse themselves from all related discussions, evaluations, and decisions.
3. Gifts and Gratuities
   1. Employees shall not solicit or accept gifts or gratuities from vendors or potential vendors that could influence, or appear to influence, purchasing decisions.
   2. Nominal items of minimal value that are clearly promotional in nature may be accepted only when permitted by law and policy and when they do not create an appearance of impropriety.
   3. Cash, cash equivalents, or personal favors shall never be accepted.

III. Vendor Relations

1. All vendors shall be treated fairly, equitably, and professionally.
2. Information provided by vendors during competitive purchasing processes shall be kept confidential to the extent permitted by law.
3. ENCSD employees shall not provide any vendor with an unfair competitive advantage.
4. Communications with vendors shall be conducted in a manner that preserves transparency and accountability.

IV. Accessibility and Residential Considerations

In alignment with ENCSD’s mission and residential programming:

1. Purchasing decisions shall consider accessibility, communication access, and the unique needs of Deaf and hard of hearing students.
2. Goods and services supporting residential life, student health, safety, and well-being shall be procured with heightened attention to quality, reliability, and compliance with applicable standards.

V. Compliance and Reporting

1. Any suspected violation of this policy shall be reported promptly to a supervisor, the Superintendent, or other appropriate authority.
2. Retaliation against individuals who report concerns in good faith is strictly prohibited.
3. Violations of this policy may result in disciplinary action, up to and including termination of employment, and may also result in civil or criminal penalties as provided by law.

VI. Training and Oversight 

ENCSD shall provide guidance or training, as appropriate, to employees involved in the purchasing function to ensure understanding of ethical obligations and applicable laws.

Supervisors and administrators are responsible for monitoring compliance with this policy within their areas of responsibility.

Legal References

• North Carolina General Statutes §§ 14-234, 133-32, 133-38
• North Carolina State Ethics Act, where applicable
• North Carolina Department of Administration purchasing regulations
• North Carolina State Board of Education policies, as applicable
• Applicable federal procurement requirements