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Conflict of interest presentation 1
1. Conflict of Interest TrainingHappy County Dwane Brinson, Annie Francis, Kendra Jensen, Amanda Kaufman, Jonathan Yeomans
2. What is a “Conflict of Interest” Significant and pervasive financial, familial or personal interest, which poses an impermissible conflict with the relevant public interest that he or she has a duty to protect
3. Why is this important? To ensure equitable and fair treatment If ignored, it undermines public trust Legal ramifications
4. NC State Ethics Act Chapter 138A: Public disclosure of economic interests Use of public position for private gain State policy regarding acceptance of gift
6. Happy County Values Independent, impartial and responsible to the people Decisions made in context Public office not be used for personal gain Public have confidence in integrity of its government
8. Scenario 1 An elected official sits on an occupational licensing board. She recently applied for a business permit to open her own woodworking shop and her application is slated for review in the December meeting. Can she participate in the decision about her business application? What should she do?
10. ANSWER She should recuse herself from the decision. Her presence on the board constitutes a potential conflict of interest. However, she can still participate in the licensing of other persons in the same industry, so long as she has no financial or personal relationship with the applicant.
11. Scenario 2 An outspoken member of PETA gets elected to Happy County Council. Now that the councilman serves the public in two capacities, must he stop working with the advocacy organization?
13. ANSWER Not necessarily. Public officials — elected or otherwise — aren’t required to leave advocacy organizations once they are elected or hired. However, significant involvement can give rise to an actual conflict of interest. The official must weigh this risk and exercise caution so their involvement does not cause a conflict of interest, or the appearance thereof.
14. Scenario 3 A Happy County inspector fails an addition a resident built on their house. The resident offers the inspector $50 to “let a few things slide.” What should the inspector do?
16. ANSWER Reject the offer. Under the NC State Ethics law, a public employee may not accept “anything of value” that may influence that employee’s duties.
17. Scenario 4 The Happy County Board of Commissioners is considering buying land. They ask the manager for a detailed report about potential parcels. The manager’s father owns one of the parcels the commissioners are considering purchasing, and the manager considers skewing the report so his father’s parcel is the most attractive option. Is this OK?
19. ANSWER No. Under state ethics law, a public employee may not use their public position for private gain, if the gain would benefit that employee, their family or their business interests. The manager must disclose this information to the commissioners.
20. Scenario 5 Similarly, a Happy County Commissioner owns part of a piece of land that the commissioners are considering selling. Does the commissioner have to disclose this information? Can they participate in the decision?
