MJUSD
DIVISION 3000
BUSINESS AND NONINSTRUCTIONAL OPERATIONS

CONSULTANTS

The Governing Board authorizes the use of consultants to provide expert professional advice or specialized technical or training services that are not needed on a continuing basis and cannot be provided by District staff because of limitations of time, experience or knowledge. Individuals, firms or organizations employed as consultants 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, that the consultant is properly classified as an independent contractor. 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.

The District shall not contract for consulting services that can be performed without charges by a public agency or official unless these services are unavailable from the public source for reasons beyond the District's control.

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

Independent contractors applying for a consultant contract shall submit a written conflict of interest statement disclosing financial interests as determined necessary by the Superintendent or designee, depending on the range of duties to be performed by the consultant. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment.

When employees of a public university, county office of education, or other public agency, serve as a consultant or resource person for the District, they shall certify as part of the consultant agreement that they will not receive salary or remuneration other than vacation pay from any other public agency for the specific days when they work for this District.

Legal Reference:

Education Code
10400-10407 Cooperative improvement programs
17596 Limit on continuing contracts
35010 Control of districts; prescription and enforcement of rules
35172(a) Promotional activities
35204 Contract with attorney
45134-45135 Employment of retired classified employee

Government Code
53060 Contract for special services and advice

First Reading: 11/8/00

Governing Board Adoption: 1/17/01