
Conflicts of Interest
Key Goal: Identify, Disclose and Recuse
What is most fundamental about a conflict of interest is that employees and officials understand how to identify when a conflict exists and what to do. The below information provides you the tools to stay within the ethical requirements of the County.
- Immediate Family Member (sister, brother, wife, husband, cousin, in-law, aunt, uncle, etc).
- business, partnership or corporate associations
- Your property is adjacent to a County park. As a part of your job you become involved in making decisions about improvements to that park that could increase the property values of the residential homes adjacent to the park – including yours. Due to the potential increase in your own property values you may have a conflict between your own personal financial interests and that of the County. You should inform your supervisor and you should be removed from projects which develop or maintain that park.
- As part of your job you review bids from contractors who work with the County and you know what it takes to draft a successful bid with the County. You think it would be a great idea to earn extra money by providing consulting services to contractors on how to draft successful bids with the County. You have a conflict because your outside work could influence your relationships with contractors who are both your personal clients and contractors of the County.
- You or a family member owns part of a local company that is bidding on a project with the County. You cannot participate in any discussion or vote regarding hiring the contractor for that project or additions to the work once hired. If you are an employee, you cannot work on that project in any capacity. If you are an official, you must not take any official act, involve yourself in any discussion or attempt to influence others in any way with respect to that contractor.
- A family member or friend owns a company that is bidding on a project with DeKalb County. If you will be working with your friend or family member’s company on the project or have any influence in deciding who is awarded the project, you have a personal interest that conflicts with the interest of the County. This is true even if you have no financial interest in the company bidding on the project. You should remove yourself or ask your supervisor to remove you from any work or decision making related to that project.
- The Watershed division learns that an inspector has hired the daughter of the employee who gives final approval to permit applications. The department moves the employee to a new position where she will have no role in approving permits submitted by her daughter.
- The son of a human resources specialist applies for a position in HR. The specialist is removed from the hiring process.
Vendors, Suppliers and Contractors
Employees
The County is involved in purchasing services from hundreds of vendors, suppliers and contractors. A conflict of interest can arise when a County official or employee has a personal or financial interest with respect to a vendor, supplier or contractor. Remember, a personal or financial interest includes an interest held by any of the following: the employee himself, a close family member, an employer or prospective employer, a business in which the employee or family member is an owner, director or partner. What to do: If a conflict arises, the employee has done nothing wrong, but he must advise his supervisor and complete an online conflict form. The supervisor should remove the employee from any work involving the contractor, vendor or supplier.Officials or Board Members
County officials or Board Members may not participate, advise or influence any decisions related to a contract, subcontract, contract solicitation, or contract proposal in which they know or should know that a financial of personal interest is held by any of the following: The official himself, a close family member, an employer or prospective employer, a business in which the official or family member is an owner, director or partner. Additionally, an elected or appointed official (including anyone who sits on a County board or advisory committee) may not bid on County business or act as a contractor, vendor or supplier while holding his or her official position. What to do: The official or board member should file an online conflicts disclosure form and inform others who are involved in the matter that a conflict prevents them from acting on or discussing the matter. An official or board member should have the disclosure placed in the minutes of the meeting or the agency's official records.- A County Commissioner may not use her budget to hire her sister’s firm to provide web design services to the Commissioner’s office.Note Think about this issue broadly. Even if you hire a friend and not a family member, the appearance may be one of a conflict. So, if an official or an employee hires a friend or partner as a web designer, but there are more qualified web designers for the specific purpose - the perception will be of a personal conflict. In other words, the employee or commissioner has put their personal interests above that of the County.
- An employee from Watershed Management applies for a job with a DeKalb contractor working on a new sewage management site. While his application is under consideration, he may not review, monitor, or oversee the project at the new sewage management site. He needs to notify his supervisor and have his work reassigned.
Gifts, Meals and Gratuities
Why are gifts in business and government so strictly regulated? The answer is both the appearance and the conflict. The DeKalb Ethics Code states that an employee or official cannot “By his or conduct give reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favour …” Gifts almost automatically give the appearance of tainting a relationship – regardless of the sincerity of either party. Why? Because those on the outside will assume that a gift creates a conflict of interest. It doesn’t matter that the gift doesn’t influence your judgment as to what is right for the County – the gift gives the appearance that your judgement has been influenced.
- Is currently seeking official action by you (employee or official) or your department. This could also be an attorney, citizen or contractor who is seeking a decision from your Board or who is about to appear before your Board.
- Does business or seeks to do business with the County or the employee’s department. This could be a contractor, vendor or supplier who has submitted a bid under an RFP or who has given your division a bid for services or products.
- Regulated by your department. This could be a retailer, restaurant, or service provider who needs a permit, must pass an inspection or needs your department’s approval or permission to continue to run their business.
Outside Employment for Employees
- Division of loyalty or a personal conflict
- Outside work for a County Vendor
- Disclosure of Confidential Information
- Use of County time to perform outside work
- Use of County resources to perform outside work
- Financial incentive that conflicts with your position in DeKalb County
Outside Employment for Elected Officials and Board Members
A DeKalb County official or board member can accept outside employment if it does not conflict with with his or her DeKalb official position. Elected officials and board members have a special fiduciary responsibility to determine if a conflict or potential conflict exists. If a DeKalb official or board member believes a potential conflict exists, the Board member or official should seek advice through an Advisory Opinion request to the Board of Ethics. He or she should acknowledge the potential conflict on the official record or minutes of the Board or the Commission (whichever applies) and recuse himself or herself from voting on the specific matter until final advice from the Board has been issued. If you have any questions, please contact the Ethics Officer for advice.
There are many ways outside employment can conflict with an official’s position in DeKalb. The following are a few examples of conflicts which arise from outside work:
- Division of loyalty or a personal conflict
- Outside work for a County Vendor
- Disclosure of Confidential Information
- Financial incentive that conflicts with your position in DeKalb County
Raffles and Convention Gifts
Can you accept a gift from a raffle sponsored by a vendor at a convention? Generally no, but use the gift guidelines to determine the answer. First, if the raffle is sponsored by a prohibited source then you cannot accept a prize from the raffle. Second, if the prize from the raffle is more than $40, then you cannot accept the prize either.