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Davis Joint USD |  BP  3600.1  Business and Noninstructional Operations

Hiring Consultants   

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The Board of Education authorizes the use of consultants to provide expert professional advice or specialized technical or training services which are not needed on a continuing basis and which cannot be provided by district staff because of limitations of time, experience or knowledge.

For the purpose of this policy, the term consultant means an individual, business entity, or organization that provides expert professional advice or specialized services which are not needed on a continuing basis and which cannot be provided by district staff because of limitations of time, experience or knowledge. A consultant may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.

As part of the contract process, the Superintendent or designee shall determine, in accordance with Internal Revenue Service guidelines, whether the consultant is properly classified as an independent contractor or an employee of the district.

District employees who perform extra-duty consultant services shall not be retained as independent contractors. They shall be considered employees for all purposes, even if the additional services are not related to their regular duties.

All consultant contracts shall be brought to the Board for approval.

(cf. 3312 - Contracts)

The Superintendent is authorized to hire a consultant pending Board approval where there is an immediate need for work to commence or where prior approval would otherwise be impractical. The Superintendent may reject a contract with any consultant based on what he believes could result in a conflict of interest or in the appearance of impropriety.

All qualified firms or resource persons shall be accorded equal opportunity for consultant contracts regardless of race, creed, color, gender, sexual orientation, national or ethnic origin, age, or disability.

(cf. 3311 - Bids)

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 4030 - Nondiscrimination in Employment)

An individual, business entity, or organization applying to be a consultant shall submit a written conflict of interest statement disclosing financial interests required to be disclosed by the district's conflict of interest code, sources of income for the previous calendar year, and a list of current contracts to the Superintendent and the Board. Identified sources of income and the list of current contracts shall be limited to the Northern California region, consisting of the counties north of San Luis Obispo, Kern and San Bernardino Counties. In addition, information pertaining to work performed by consultants for school districts, or businesses directly serving school districts, throughout the State of California shall be provided in the written conflict of interest statement. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment to the Board.

The Superintendent may determine in writing that a particular consultant will perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements in this policy. The written determination shall include a description of the duties of the consultant and, based upon that description, a statement of the extent of the disclosure requirement. The written determination shall be provided to the Board prior to the approval of the contract and is a public document which shall be retained for inspection. The Board may accept the Superintendent's determination or require further disclosure consistent with this policy.

The Board may contract with or refuse to contract with any particular consultant or firm based on what the Board believes is in the best interest of the district. The Board may reject a contract with any consultant based on its belief that the contract could result in a conflict of interest or in the appearance of impropriety.

When employees of a public university, county office of education, or other public agency serve as consultant or resource persons for the district, they shall certify as part of the consultant agreement that they will not receive salary or remuneration, other than vacation pay, personal time or equivalent compensation from any other public agency for the specific hours during which they perform consultant services for this district.

Legal Reference:

EDUCATION CODE

10400-10407 Cooperative improvement programs

35010 Control of districts; prescription and enforcement of rules

35172(a) Promotional activities

35204 Contract with attorney

17596 Limit on continuing contracts

44925 Part-time readers employed as independent contractors

45103 Classified service in districts not incorporating the merit system

45103.5 Contracts for food service consulting services

45134-45135 Employment of retired classified employee

45256 Merit system districts; classified service; positions established for professional experts on a temporary basis

GOVERNMENT CODE

53060 Contract for special services and advice

Management Resources:

INTERNAL REVENUE SERVICE PUBLICATIONS

15-A Employer's Supplemental Tax Guide

Policy DAVIS JOINT UNIFIED SCHOOL DISTRICT

adopted: October 19, 2006 Davis, California

revised: April 2, 2009