PACE - Financial Policies - Conflict of Interest

CONFLICT OF INTEREST

1. PURPOSE - The purpose of the Conflict of Interest Policy is to state the values and principles by which employees are to govern their actions in the exercise of duties. To this purpose, the policy is to prevent employees from using their employment positions from private gain; protect the employees from inadvertently placing themselves in a Conflict of Interest position; provide avenues for employees to clarify and prevent potential conflict of interest before they occur; and to protect the reputation of the City.
2. SCOPE - All elected officials, employees and volunteers acting on behalf of the City of Camas. As used throughout this document, “employee” means all persons included in this “scope”. Reference RCW 43.09.285, RCW 9A.56.280, and WAC 236-48-250-3.
3. POLICY - It is the policy of the City of Camas employees are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties. Employees are required to support and advance the interests of the City and avoid placing themselves in situations where their private interests may be in conflict with or be perceived to be in conflict with the interests of the City.  
4. PRACTICE

• Conflict of Interest

A conflict of interest refers to a situation in which an employee has private interests that could compete with or that may be perceived to compete with their duties as an employee. A conflict of interest can also be a situation where an employee can use their position for private gain or expectation of private gain, non-monetary or otherwise. A conflict may also occur when the private interest benefits an employee’s family, friends, or organizations in which the employee or his/her family or friends have a financial interest.

• Private Interest

​​​​​​​Private or personal interest means a relationship, obligation, duty, responsibility or benefit unique to the employee or a person related to the employee.

• Confidential Information

Confidential information includes, but it is not limited to, privileged information, draft by-laws or staff reports, third party information, personal information, technical, financial or medical information and any other information collected, obtained or derived from City records that must or may be kept confidential.

• Requirement to Report Conflict of Interest

Employees of the City may seek advice in relation to the application of this Policy from and must report any conflict of interest or perceived conflict of interest to their immediate supervisor/manager.

• Conditions

The rules and examples that follow do not exhaust the possibilities for conflict of interest, but they identify obvious situations covered by these provisions. The obligations and duties applicable to an employee resulting from these provisions do not replace, remove, or supersede the duties and obligations required by applicable professional designations or regulatory bodies.

• Preferential Treatment

Employees are not allowed to use their positions to give any one preferential treatment that would advance their own interest or that of any party where such advance is contrary to the interests of the City, or would be otherwise contrary to the expectations set out in these provisions.

• Gifts

Employees will not accept, arrange to accept, give or request to be given a reward, gift, advantage or benefit of any kind from any person or entity that influences or could be perceived to influence the performance of the employee’s duties. An employee who receives a gift in performance of their duties, will immediately notify his/her manager or supervisor. An employee may accept a gift of nominal value as an expression of courtesy or hospitality if doing so does not influence, or would not be perceived t influence, the performance of the employee’s duties. The Department Head may pre-determine that no gift may be accepted under any circumstance.

• Employment of Relatives

The City will maintain policies that govern the employment of relatives. The Policy at a minimum must outline the rules restricting supervisory relationships between relatives, and the recruitment and appointment of a relative.

• Use of City Property

An employee may not use, or permit the use of, City property, including facilities, equipment, supplies or other resources, for activities not associated with the proper performance of their duties. Any exceptions must be approved by the City’s Department Head.

• Use or Disclosure of Confidential Information

An employee may not, during the term of his/her employment or any time thereafter, directly or indirectly use or disclose any confidential information obtained by him/her during the course of his/her employment with the City to another person or entity unless the employee is required by law or authorized by the City. The obligation to maintain confidentiality, except as required or permitted by law or the City, continues after the employee leaves the public service.

• Disclosure of Financial Interest

 An employee involved in a decision-making process related to a contract, sale, or business transaction who knowingly has a financial interest in the City contract, sale, or business transaction, or has family members, friends, or business associates with such interests, must disclose their interest to their immediate supervisor or manager and remove themselves from any decision-making process.

• Participating in Decision-Making

An employee will not participate in a decision-making process with respect to a matter that they are able to influence in the course of his/her duties if they could benefit from the decision, unless they are authorized by the City Department Head.

• Engaging in Outside Work or Business Activities

An employee may not engage in any outside work or business activity that conflicts with his/her duties to the City or could benefit from confidential information obtained during the course of his/her employment.

• Appearing Before City Committees

An employee may not appear before a City committee on behalf of a private citizen or third party other than for themselves or a family member. City employees must identify themselves as such if they are making a statement to a City committee unless they appear as a private citizen on matter that do not relate to their employment.

• Conduct in Cases of Procurement

Employees are to disclose any personal or close relationships with vendors where the employee is the participant, influencer or decision-maker in the vendor selection/award process or where the employee is also a vendor. An employee may not make a personal bid on the purchase of City property or goods, except when these are also offered to the general public. An employee shall not accept discounts/rebates on personal purchases from suppliers having an existing relationship with the City, unless it is the general practice of those suppliers to offer the same discounts/rebates to employer groups including, but not limited to, the City. Employee shall not purchase goods and services through the City for personal use, unless specifically allowed by Council as in the purchase of a personal computer or cell phone to improve the productivity of the City business activities.

• Failure to Comply with the Policy

Individuals who fail to comply with the Conflict of Interest provisions may be subject to disciplinary action up to and including dismissal and where warranted, legal proceedings.