Deschutes County conflict of interest policy

Published 5:00 am Sunday, October 25, 2009

Editor’s Note: The following, which accompanies the editorial to the left, is Deschutes County’s personnel rule covering conflicts of interest. The employee caught using a county computer to run a Web-based business was punished, in part, for violating this policy.

Deschutes County Personnel Policy 3.28.020. Conflict of Interest.

County employees shall refrain from engaging in any employment, business, activity, practice, or act which actually conflicts with, potentially conflicts with, or gives the appearance of conflicting with the employee’s work for the County or with the interests of the County. An actual conflict of interest exists when an action is taken that directly affects land, a business, or any other financial interest of an employee or an employee’s relative and is reasonably certain to have a financial impact on the employee or a relative of the employee. A potential conflict of interest exists when an employee takes action that reasonably could be expected to have a financial impact on that employee, a relative of the employee, or on a business with which the employee or the employee’s relative is associated. For purposes of this section only, “relative” means the spouse, domestic partner, parent, child, brother and sister of either the employee or the employee’s spouse or domestic partner.

The following activities are prohibited:

A. Employees shall refrain from accepting gifts, favors, services or promises of future employment that could possibly relate to or is intended to influence the performance of their official duties. This section is not intended to conflict with section 3.28.060 below.

B. Employees shall not use their position to gain special privileges or benefits or to avoid financial detriment that would not otherwise be available or avoidable but for the employee’s position with County.

C. No employee shall further, or attempt to further, the personal gain of any County employee or relative through the use of confidential information gained in the course of performing her/his duties for County.

D. Employees shall not participate, directly or indirectly, in any business or organization which might inappropriately influence the employee’s official decisions and judgments for the County.

E. Employees shall not hold any position with any business, organization or governmental unit which would conflict with the proper performance of the employee’s duties or responsibilities for the County, or which could influence the employee’s judgment in the conduct of business between the County and such business, organization or governmental unit.

F. Employees who conduct private business which requires access to public County records shall have access to that information only during the employee’s off-duty time. Employees shall not be given special access or special privileges, such as not imposing a fee for a service that is generally feebased or being permitted to review confidential information which is not available to members of the general public.

G. Employees are not to engage, directly or indirectly, either on or off the job, in any conduct which is disruptive to, competitive with, or damaging to the County.

H. Employees shall not accept any employment which would inappropriately influence the performance of the employee’s duties for the County. This prohibition on employment includes serving as an advisor or consultant to any business or organization, unless that activity is conducted as a representative of the County.

I. Employees must disclose any financial interest the employee or the employee’s relatives have in any business or organization which does business with the County. The County may require the employee to divest such interest if the County deems the interest to be in conflict with the best interests of the County.

This list of prohibited activities is intended to illustrate types of actions that create a conflict of interest, a potential conflict of interest, or the appearance of a conflict of interest. These examples are not intended to be exhaustive or to limit the types of actions that are prohibited by State of Oregon Ethics Law or Deschutes County policy.

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