Central Texas Workforce Development Board

                              Conflict of Interest Policy

 

 

Contract for Services, Section 18, Conflict of Interest:  No employee of Contractor, no member of Contractors governing board or body, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his personal pecuniary Interest.

 

Executives and employees of Contractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering the Contract, shall exercise due diligence to avoid situations which give rinse to an assertion that favorable treatment is being granted to friends and associates.  When it is in the public interest for Contractor to conduct business with a friend or associate of an executive employee of Contractor, an elected official in the area or a member of the Workforce Development Board, a permanent record of the transaction shall be retained.

 

An executive or employee of Contractor, an elected official in the area or member of a Board, shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by Contractor or Department.  Supplies, material, equipment or services purchased with Contract funds shall be used shall be used solely for purposes allowed under this Contract.  No member of the Board shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents.

 

Contractor shall include the substance of this section in all subcontracts.

 

OMB Circular A-102, Attachment O, Procurement Standards, Section 7, Code of Conduct:  "Grantees shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.  No employee, officer or agent of the grantee shall participate in selection, or in the award of administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.  Such conflict would rise when:

 

A.        The employee, officer or agent;

 

B.         Any member of his immediate family;

 

C.        His or her partner; or

 

D.        An organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award.

 

The grantee's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub agreements.

 

Grantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal value.

 

To the extent permitted by State or local law or regulations, such standards of the conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's officers, employees or agents, or by contractors or their agents.

                                                     Conflict of Interest Policy

 

No member of any council shall cast a vote on the provision of services by that member (or any organization which that member directly represents) or vote on any matter which would provide direct financial benefit to that member.  The following statements of conduct are applicable to members of the Central Texas Workforce Development Board.

 

Section 1.  Prior to taking office as member of the Central Texas Workforce Development Board, a member must declare in writing all substantial business interests or representational interests the member has to a known past, current, or potential recipient of Workforce Development funds.  The written declaration must be updated periodically to reflect any changes.  The written declaration must include substantial business interests or representational interests of the Board member's immediate family members.

 

Section 2.  A Board member with substantial business interests or representational interests in proposals or requests for funds may not vote on any proposals or requests in which the member has the interest.

 

Section 3.  A Board member who violates the requirements of this section may be removed from the Board in accordance with Article VII, of the Corporate By-Laws.

 

Section 4.  All declarations of conflict of interest and abstentions from voting will be recorded in the minutes of Board meetings.

 

Section 5.  Definitions from Chapter 171.002 of the Local Government Code:

 

A.        A "substantial business interest" is defined as:

1.         ownership of ten percent (10%) or five thousand dollars ($5,000) or more of the fair market value of the business;

2.         receiving ten percent (10%) or more of gross income during the previous or current year from the business; or

3.         ownership in real property of the business valued at two thousand five hundred dollars ($2,500) or more.

 

B.         An "immediate family member" is defined as:

1.         a father, mother, brother, sister, daughter or son of the member, and/or

2.         the spouse of the member, and/or

3.         a father, mother, brother, or sister of the member's spouse.

 

C.        A "representational interest" is defined as:

1.         employed by the organization, and/or

2.         a member of the board of directors, commission, council, or other direct governing body of the organization.