Conflict of Interest Policy - Human Resources Policy and Procedures

  1. Back to Policies and Procedures Page
  1. Purpose
    1. To outline Davis Technical College (College) policies and procedures relating to conflicts of interest and thereby provide assistance to College personnel in assuring compliance with the Utah Public Officers' and Employees' Ethics Act.
  2. References
    1. Utah Code Title 67, Chapter 16 (Utah Public Officers' and Employees' Ethics Act)
  3. Definitions
    1. Assist - Assist means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to so assist such person or business entity.
    2. Business Entity - Business Entity means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on commercial business activities for profit-making purposes.
    3. Compensation - Compensation means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity for or in consideration of personal services, materials, property, or any other thing whatsoever.
    4. Substantial Interest - Substantial interest means (1) the ownership, either legally or equitably, by an individual, his/her spouse, or his/her minor children, of at least ten percent of the outstanding capital stock of a corporation or a ten percent interest in any other business entity; or (2) the holding of a position in a business entity as an officer, director, or employee.
    5. Transaction - Transaction means a formal or informal contract or agreement, express or implied, to which the College is a party that involves any transfer of consideration or payment of compensation
  4. Policy
    1. Ethics Act - It is the policy of the College to comply fully with all applicable provisions of the Utah Public Officers' and Employees' Ethics Act. The statements of detailed policies and procedures set forth herein are intended to provide notice to the College employees of the requirements of that Act, and to indicate guidelines for avoiding conflicts there under.
      1. The purpose of the Utah Public Officers' and Employees' Ethics Act, and of the regulations and guidelines set forth herein, is to promote the public interest and strengthen public confidence in the integrity of the College by establishing standards of conduct for College personnel in areas where there are actual or potential conflicts of interest between their duties to the College and their private interests. Neither the Ethics Act nor these regulations are intended to deny to College personnel the opportunities available to all citizens to acquire private economic or other interests as long as this does not interfere with the full and faithful discharge of public duties.
      2. The College recognizes that the dividing lines between the College obligations and the private interests of a College officer or employee are not clearly defined. Therefore, while this policy statement provides the general guidelines College personnel should use to determine their own conduct, the College must rely primarily on each officer or employee's sense of integrity and interest in the College and the approvals of his/her immediate superior to implement this policy and thus eliminate any conflicts of interest which might arise.
    2. Prohibited Conflicts - The following are prohibited conflicts of interest:
      1. A College officer or employee is forbidden to participate in his/her official capacity with respect to any transaction between the College and a business entity in which the officer or employee has a substantial interest.
      2. A College officer or employee is forbidden to receive compensation (in addition to regularly budgeted salary or wages for services to the College) as a result of, or in connection with, any transaction between the College and a business entity in which the officer or employee has a substantial interest.
      3. A College officer or employee is forbidden to accept employment or engage in any business or professional activity which he/she might reasonably expect would require or induce him or her to disclose confidential information acquired by reason of the officer or employee's College position.
      4. A College officer or employee is forbidden to disclose confidential information acquired by reason of his/her College position, or to use such information for his/her or another's gain or benefit.
      5. A College officer or employee is forbidden to accept other employment which he/she might reasonably expect would impair his/her independence of judgment in the performance of College duties and responsibilities.
        1. All personnel of the College holding full-time positions shall give full service to the work of the College during scheduled work periods. Any non-College employment must not interfere with the discharge of the person’s full-time service obligation to the College.
      6. A College officer or employee is forbidden knowingly to receive, accept, take, seek, or solicit, directly or indirectly, any gift or loan for him/herself or another/ if it tends to influence the discharge of his/her College duties or responsibilities, or if the officer or employee has recently been, now is, or in the near future may be involved in any College action or decision directly affecting the donor or lender.
      7. A College officer or employee is forbidden to have personal investments in any business entity which will create a substantial conflict between his/her private interests and College duties.
  5. Procedures
    1. Disclosure Requirements
      1. A College officer or employee who agrees to receive compensation for assisting any person or business entity in any transaction involving the College or any state agency is required to file a sworn disclosure statement, which is a matter of public record, in accordance with Utah Code §67-16-6. Information and assistance in complying with this requirement may be obtained from the Human Resource Director.
      2. A College officer or employee who holds a substantial interest, the value of which exceeds $2,000 (exclusive of life insurance policies and annuities), in any business entity which is subject to state regulation may be required to file an annual disclosure statement with the secretary of state pursuant to Utah Code §67-16- 7. Information and assistance in complying with this requirement may be obtained from the Human Resource Director.
      3. It is the duty of every College officer or employee to disclose to his/her immediate superior, and to the Vice President of Administrative Services, the existence of a substantial interest which he/she has in any business entity which the officer or employee knows, or has reason to believe, may submit a bid or sealed proposal for, or otherwise seek to enter into, a transaction with the College.
    2. Sanctions. An officer or employee of the College who knowingly and intentionally violates the provisions of the Utah Officers' and Employees' Ethics Act, or of this Policy and Procedure, may be subject to appropriate disciplinary action, including possible dismissal from College employment. See Utah Code §67-16- 12 and §67-16-14.
Policy migration in progress

Davis Tech is in the process of migrating our policies from PDF to HTML format to conform to Title II (ADA) requirements. During this transition period, the latest approved version of the policy is available (below) in pdf format, but may contain ADA Compliance errors.

Printable PDF

Effective Date: 28 August 2003

  • Approvals and Notes
  • Board Approval: 28 August 2003
  • President’s Council Approval: 19 August 2003
  • CDMT Approval: 12 August 2003