Ethics – Conflicts of Interest

Conflicts of Interest and Special Privileges

Employees may not secure special privileges/exemptions for themselves, spouses, children, parents or other persons. Employees may not have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature that is in conflict with the proper discharge of official duties. Additionally, employees may not be beneficially interested, directly or indirectly, in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of employee, in whole or in part, or accept, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in the contract, sale, lease, purchase, or grant. A state officer/employee is not prohibited from assisting a person in a transaction involving the state if it falls within his or her official duties.

Post State Employment

A former state employee may not accept employment or compensation from an employer within one year of leaving state employment, if all three of the following conditions are present:

  • The employee, during the 2 years immediately preceding termination of state employment, negotiated or administered a contract with the new employer; and
    • The contract(s) had a total value in excess of $10,000; and
    • The former officer’s or employee’s duties with the new employer would include fulfilling or implementing that contract.

A former state employee may not, within two years following the termination of state employment, have a beneficial interest in a contract or grant which was expressly authorized or funded by executive action in which the employee participated. Several of the post-state employment restrictions are continuing. That is, there is no statutorily defined time limit that determines when these restrictions end. Additionally, employees may not participate, at any time subsequent to state employment, whether or not for compensation, in any transaction involving the state in which the former state employee at any time participated during state employment.


References:

EWU Policy 901-01: Ethical Standards

EWU Policy 401-02: Additional or Outside Compensated Work

EWU Policy 302-08: Conflicts of Interest – Research and Technology Transfer