June 2020 | Page 20

Conflicts of interest — Is your district protected? Do your employees understand what conflict of interest is? Do you, as a school finance professional, know how to protect your organization? Jill Barragan Executive Director of Business Services, Avondale Elementary School District, Avondale, Arizona Editor's Note: This article originally appeared in the April 2020 School Business Affairs magazine and is reprinted with permission of the Association of School Business Officials International (ASBO). The text herein does not necessarily represent the views or policies of ASBO International, and use of this imprint does not imply any endorsement or recognition by ASBO International and its officers or affiliates." “H ow could one woman steal $53 million without anyone noticing?” The movie “All the Queen’s Horses” tells the tale of Rita Crundwell, a Dixon, Illinois, city comptroller who stole $53 million of public funds over a 20-year period, making her the architect of the largest case of municipal fraud in American history. Crundwell used the stolen funds to live a lavish lifestyle that included four months of vacation annually, hundreds of quarter horses, large farms, a vacation home in Florida, million-dollar RVs and more. While she was enjoying her lavish lifestyle, the city of Dixon, with an approximate population of 16,000, endured reduction in staffing, cuts to the police budget, and neglect of public infrastructure, such as roads and parks. While this case is unusual in its 20 June 2020 • Taking Care of Business • WASBO.com magnitude and duration, many other cases of occupational fraud— fraud committed by an employee using his or her role or employment for personal gain—occur every day throughout the country. The Association of Certified Fraud Examiners “Report to the Nations” for 2018 revealed a typical organization loses 5% of revenues to fraud annually. The ACFE reviewed 2,690 cases of occupational fraud and determined a total loss of more than $7 billion, or an average of $130,000 per case. The report cited corruption, which includes conflict of interest, as the most common scheme. School business offices can protect the district and its employees from fraud while maintaining the highest level of integrity with the community by ensuring proper internal controls are in place to identify, monitor, and address an employee conflict of interest. Educating employees to recognize fraud in its various forms is the first step in controlling the potential for fraud within the district. Fraud and Corruption Corruption, one of the most significant fraud risks for organizations, has several subcategories, including bribery, illegal gratuities, extortion, and conflict of interest, which includes purchasing schemes and sales schemes. Conflict of interest is a type of fraud that can easily occur in an educational setting. When a school district employee, relative of an employee, board member, or relative of a board member has a substantial personal or monetary interest in a matter that could unduly influence his or her professional decision making, a conflict of interest has occurred. Conflicts of interest do not necessarily constitute legal violations, if they are properly disclosed. In addition, a conflict of interest can exist even if no improper acts result from it. Conflicts of interest can be defined as actual, perceived, or potential. • An actual conflict of interest exists when there is a direct conflict between one’s private interests and his or her professional duties. • A perceived (or apparent) conflict of interest exists when it could be inferred that one’s private interests improperly influence the performance of one’s professional duties and responsibilities. • A potential conflict of interest exists when one’s private interests could, in the future, conflict with one’s duties and responsibilities in serving an employer. Potential conflicts often develop into actual conflicts. Disclosing a conflict of interest removes or limits the possibility of an employee’s personal investment in an outcome. This doesn’t just apply to a contract, sale, purchase, or service; it applies to the decision making process, too. When does a conflict of interest exist? 1. If an employee, board member, or relative has a substantial interest in