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HomeMy WebLinkAbout105-16 - Res. County Conflict of Interest Policy RESOLUTION NO . o - �P A RESOLUTION for the Mason County Conflict of Interest Policy . WHEREAS, it is in the best interest of Mason County to establish a Conflict of Interest Policy to guide employees on ethical standards of conduct and meet the federal standards . NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of Mason County, that we hereby adopt the Mason County Conflict of Interest Policy ( Attachment A ) . BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST:INIG OvAeo�� Q Cam\ Terri Jeffreys 64 M Iissa'69V ry, Cleof the Board fi - 's ( � - APPROVED AS TO FORM : Tim Sheldon , Commissioner Tim Whitehead , Chief D A Randy Ne herlin , Co m ioner Attachment A CO 1854 Mason County Conflict of Interest Policy I . PURPOSE : Mason County maintains a Code of Ethics to guide employees against improper activities that could damage the County ' s reputation and otherwise result in serious adverse consequences to the County and to the individuals involved . This code ' s purpose is the establishment of ethical standards of conduct for all Mason County employees RESPONSIBILITY: Each employee has a responsibility to uphold this policy . An employee ' s actions under this policy are significant indications of the individual ' s judgment and competence . Accordingly , failure to consider or adhere to the principles of this policy will be grounds for appropriate disciplinary action . Employees are committed and bound by the following guidelines : 1 . Public belief in the integrity of government is based on the actions of the government' s employees . 2 . Independent , impartial , accountable and responsible behavior is the duty of each employee to the County and its ' citizens 3 . Governmental decisions and policies must be made within the proper channels of the governmental structure 4 . Public office is not to be used for personal gain AUTHORITY & REFERENCES : RCW 42052602 RCW 410066250 II . DEFINITIONS : The following definitions will be used for the purposes of these policies and procedures . 1 12620016 Attachment A Business entity : Any corporation , general or limited partnership , sole proprietorship or individual ( including a private consulting firm ) , joint venture , unincorporated association or firm , institution , trust , foundation , or other organization , whether or not organized for profit Complainant : The individual bringing a complaint Confidential information : All information , whether transmitted or transcribed orally , written or encoded electronically , which is of such a nature that it is not , at that time , a matter of public record or public knowledge Departmental Director : An elected official , manager or supervisor directly in charge of a specific department (e . g . , the County Treasurer is the Departmental Director of the Treasurer' s Office ; the Public Works Director is the Departmental Director of the Public Works Department) Family member : Includes spouse , father , mother , brother , sister , son , daughter , father- in - law , mother- in - law , brother- in - law , sister- in - law , son - in - law , daughter- in - law , persons living in the same household , or anyone otherwise financially dependent upon an employee Gift : A voluntary transfer of any item of economic value from one person or entity to another made without cost and does not result in any kind of legally enforceable contract . It does not include the solicitation , acceptance , receipt or regulation of political campaign contributions regulated in accordance with provisions of federal , state or local laws governing campaign finances HRM : Human Resource Manager , a position appointed or designated by the Board of County Commissioners to handle personnel , staffing and other related matters Interest : Direct or indirect monetary or material benefit received by an employee as a result of a contract , transaction , zoning decision or other matter that is , or may be the subject of, an official act or action by or with the County . Excepted would be those contracts , transactions , zoning decisions , or other matters that by their terms and by the substance of their provisions confer the opportunity and right to realize the receipt of similar benefits to all other persons and /or property similarly situated Nominal Retail Value : A value of less than $ 25 . 00 (twenty-five dollars ) Official act or action : Any legislative , administrative , appointive or discretionary act of any employee of the County or any agency , board , committee or commission thereof Personnel File : Refers to the employee ' s employment personnel file maintained in Human Resources . 2 12020016 Attachment A Public employee : Any person , holding a position by appointment or employment in the service of the County , whether paid or unpaid , including members of any board , committee or commission thereof Public official : Any person holding a position by election , whether paid or unpaid , including members of any board , committee or commission thereof Respondent : The individual named in a complaint allegedly causing harm . III . POLICIES : Affected Parties This policy shall be applicable to all employees of the County . ( Elected Officials and qualifying Public Officials refer to RCW 42 . 23 and 42 , 52 . ) Conflicts of Interest Defined Employees are expected to use good judgment , adhere to high ethical standards , and avoid situations that create an actual or perceived conflict between their personal interests and those of the County . Mason County requires that the transactions employees participate in are ethical and within the law , both in letter and in spirit . Whenever employees are in doubt , they should consult with their supervisor , Departmental Director or the Human Resource Manager . Mason County recognizes that different organizations have different codes of ethics . However , just because a certain action may be acceptable by others outside of Mason County as " standard practice " that is by no means sufficient reason to assume that such practice is acceptable as an employee of Mason County . While it is not possible to develop a comprehensive detailed set of rules to cover every situation , the County does adhere to and will strictly enforce any and all state laws or regulations relating to conflicts of interest , appearance of fairness and ethics that are applicable to the employees and officials of this County . The statutes provide detailed outlines of what constitutes ethical and appropriate behavior while employed with the County . If an employee or someone , with whom the employee has a close personal relationship , has a financial or employment relationship with a vendor , potential vendor , or any person or business entity doing business or wishing to do business with the County , then the employee has an " interest , " as that term is defined above . In such circumstances the employee is required to disclose that " interest . " For purposes of this policy , an employee shall be deemed to have an interest in the affairs of: 1 . The employee ' s spouse or domestic partner , or dependent children 2 . Any person or business entity with which a contractual relationship exists with the employee 3 12920016 Attachment A 3 . Any business entity in which the employee is an officer , director , member or employee 4 . Any business entity in which the employee owns or controls an interest either directly or indirectly The employee must disclose this " interest " in writing to their Departmental Director . The Departmental Director with the help of the Support Services Director and the Human Resource Manager will determine what course of action , if any , must be taken to resolve any conflict he or she believes may exist . Examples of Conflict of Interest A conflict of interest may arise , by way of example only , if an employee : • Participates in the selection , aware or administration of any contract when they have a real or apparent interst ; • Accepts non - nominal ( greater than $ 25 in value ) gifts from vendors , potential vendors or any third - party who does business with the County ; • Accepts ANY form of remuneration or non - business related entertainment from a third - party who does business with the County ; • Sells to third parties any information , products , or materials acquired from the County ; • Engages in outside business activities in such a way or to such an extent that the outside business activities adversely affect the County or the employee ' s job performance ; • Performs outside work for a vendor of the County or any third - party that does business with the County ; • Engages in any outside employment or any other business undertaking to his or her personal gain that is , or can ALSO be , perceived to be prejudicial to the best interest of Mason County ; • Uses proprietary and /or confidential information for personal gain or to the County ' s detriment ; uses assets or labor for personal use . To the extent permitted by federal , state , local laws and regulations , violations of these standards may cause penalties , sanctions or other disciplinary actions to be taken against the County ' s officers , employees or agents or the contractor ' s potential contractors , subcontractors or their agents . Should the conflict be severe enough the County may take disciplinary action , which may result in termination or they may no longer transact business with the third party . The County has the sole discretion to : 1 . Determine whether such a conflict of interest exists and 2 . Determine the course of action to be taken to remove or end the conflict . Employees are encouraged to seek assistance from their supervisor or Departmental Director with any legal or ethical concerns . However , Mason County realizes this may not always be possible . As a result , employees may contact the Human Resource 4 12020016 Attachment A Manager to report anything that they cannot discuss with their supervisor or Departmental Director . Political Activities Employees shall comply with provisions of RCW 41 , 06 , 250 , which generally prohibits compulsory assessment or involuntary contributions and solicitation on public property for any partisan political purposes . If an employee , an employee ' s spouse , or the parent or guardian of an un - emancipated minor employee is elected to the Board of County Commissioners , the employee shall be deemed to have resigned from County employment upon the date of certification of the results of the election , if required by State law . This provision shall not apply to persons employed as unskilled day laborers earning less than $ 100 . 00 ( one hundred ) per month or to public officers exempt from prohibition of RCW 42 . 23 . Approved by & date Approved by & date : Originated by : This Revision Date : 5 12020 . 16