Contracting
with Current or Former
MCCCD Employees
Instructions:
Answer the questions in sequence to determine whether it is appropriate
to contract with a current or former employee as an independent
contractor. (For a discussion of the differences between independent
contractors and employees, see Professional
Services Contracts vs. Employment Contracts.
NOTE: These are the basic restrictions. There
are others as well.
| QUESTION
#1 |
| Type
of Officer (elected or appointed) or Employee (includes part-time
and contract employees): |
Current
and former officers or employees within 12 months following
employment. |
| Type
of Service or Item: |
Category
One: Do the services (FN1) relate to
something that the employee or officer--
- Is or was directly involved with;
- Personally participates or participated in;
AND
- Has or had a substantial amount of discretion
to make decisions?
If Yes, a current officer
or employee may never provide the services as
an Independent Contractor with the District; a former officer
or employee can't provide them within 12 months of his or
her termination date.
If No, go on to the next
category.
|
| Statute:
|
A.R.S.
Section 38-504
(FN2) |
| QUESTION
#2 |
| Type
of Officer (elected or appointed) or Employee (includes part-time
and contract employees): |
Current
Officer or Employee |
| Type
of Service or Item: |
Category
Two: Are the services for compensation--direct or indirect--to
do something that's within the officer's or
employee's job description?
If Yes, a current officer
or employee may never provide the services as
an Independent Contractor with the District.
If No, go on to the next
category. |
| Statute:
|
A.R.S.
Section 38-505 (FN2)
|
| QUESTION
#3 |
| Type
of Officer (elected or appointed) or Employee (includes part-time
and contract employees): |
Current
Officer or Employee |
| Type
of Service or Item: |
Category
Three: Services which do not fall within the first two categories
above OR equipment, materials, and supplies.
The District may purchase those items through the Purchasing
Department from an officer or employee only after public
competitive bidding.
|
| Statute:
|
A.R.S.
Section 38-503
(FN2) |
(1)
"Services" means that someone supplies labor, time or
effort that doesn't generally involve delivery of a specific end
product, other than required reports and performance."
(2) These statutes are Arizona's conflict of interest
laws for current or former public officers and employees.
|
