Ohio Administrative Code › Title 3358:5 - Clark State College › Chapter 3358:5-3 - Employment › Section 3358:5-3-20 - Conflict of interest policy and commitment policy

Current through all regulations passed and filed through July 1, 2024
The purpose of this conflict of
				interest and commitment policy is to ensure that employees conduct themselves
				in a manner that fosters public confidence in the integrity of the college and
				commitment of its employees, and to ensure compliance with Ohio's ethics
				laws.
"General Standards of Ethical Conduct
				and Duty to Avoid Conflicts of Interest"
All Clark state college employees are
				expected to comply with Ohio's ethics laws and avoid improper conflicts, as
				found in Chapters 102 and 2921 of the Revised Code. The guiding principle of
				Ohio's ethics laws is to prevent a public employee, including college faculty,
				administrators and staff, from participating in matters that involve the public
				employee's own financial interest or those of the employee's family or business
				associates. College employees must therefore conduct themselves in a manner
				that avoids favoritism, bias, and the appearance of impropriety. As such, no
				college employee, by virtue of his or her employment, may receive special
				treatments or favors from others who do business with the college. Nor may
				employees use their college position for their personal benefit or for the
				documents / policies and procedures / conflict of interest and commitment
				policy benefit of a family member, as defined by this policy, or non-college
				business associate.
"College Commitment"
All Clark state college employees are
				expected to devote their work activities to functions of the college during
				college work hours. Employees may not engage in external work or any
				activities, paid or unpaid, that could result in a conflict of interest or
				could interfere with their overriding commitment to the college or to the
				performance of their duties and responsibilities to the college. This
				prohibition also applies to political activities and non-college governmental
				work (elected or appointed office). Employees who engage in external work or
				activities are expected to perform such work or activity during non-college
				work time, without utilizing college property or resources.
If external work or activity is
				performed during assigned College work time, employees must use vacation time
				that has been pre-approved by the supervisor.
Any employee who is elected or
				appointed to public office must promptly notify his or her area vice president
				or dean upon the election or appointment.
"Soliciting, Accepting or Using
				Authority for Anything of Value"
Employees may not solicit or accept
				"anything of value" from anyone who does business with the college, is seeking
				to do business with the college, is regulated by the college, or is interested
				in matters before the college. Nor may employees use the authority of their
				college position to secure "anything of value" from anyone who does business
				with the college, is seeking to do business with the college, is regulated by
				the college, or is interested in matters before the college. Such actions are
				considered "misuse of official position" under Chapter 102 of the Revised
				Code.
If an unsolicited gift is received, the
				employees should immediately notify the supervisor. The supervisor should
				consult with the director of human resources to determine an appropriate course
				of action, which could include disposal, return or, as an example a food item
				that can be broadly distributed, sharing the gift.
The prohibitions under this section do
				not apply to items of nominal value. Examples include conference trinkets, a
				meal at a fast food or family restaurant, a promotional item, so long as they
				are not viewed as having a substantial or improper influence over the
				employee.
"Honorariums"
Employees, except for
				non-administrative faculty, as expressly authorized in division (H) of section
				102.03 of the Revised Code, are prohibited from soliciting or accepting an
				honorarium, as defined by this policy.
"Public Contracts"
As directed by section 2921.43 of the
				Revised Code, employees are prohibited from authorizing, approving,
				recommending, or in any manner influencing others to secure a college contract
				in which the employee or family-member or non-college business associate has a
				financial or personal interest. In order to avoid even the appearance of
				impropriety, employees may not participate in any college decision-making
				process, formally or informally, regarding a college contract that could
				provide a personal benefit.
Employees, their family members and/or
				non-college business associates are specifically prohibited from having an
				interest in the profits or benefits of a College contract that has not been
				competitively bid.
"Ohio's Ethics Laws"
It should be realized that every type
				or source of conflict of interest cannot possibly be outlined in this policy.
				Ohio laws concerning conflicts of interest, namely Chapter 102 of the Revised
				Code and sections 2921.42 and
				2921.43 of the Revised Code,
				must be adhered to in the conduct of any duties related to employment with the
				college. A summary of Ohio's ethics laws and guidance from the Ohio ethics
				commission can be found at
www.ethics.ohio.gov
.
"Disclosing Conflicts and Reporting
				Violations"
Clark state college will require all
				staff members in a management level position to complete an annual conflict of
				interest statement of disclosure form. However, to avoid conflicts of interest
				and violations of this policy, circumstances actually or potentially involving
				such conflict should be promptly and fully disclosed to the college's director
				of human resources if not already addressed in the annual conflict of interest
				statement of disclosure form. Such consultation should, of course, occur
				before, not after, the taking of any action that might raise ethical issues.
				Known or suspected violations of this policy should also be reported to the
				director of human resources.
"Discipline and Other
				Sanctions"
Failure to abide by this policy and/or
				Ohio's ethics laws may result in college discipline up to and including
				termination. Known violations may also be referred to the Ohio ethics
				commission and local prosecutor for possible civil and criminal
				sanctions.
"Definitions"
"Anything of value": The Ethics Law
				prohibits a public official from soliciting or accepting 'anything of value,'
				if the thing of value could have a substantial and improper influence on him in
				the performance of public duties. 'Anything of value' is defined in state law
				to essentially include anything with any monetary value. Items that are
				considered nominal are not prohibited.
"Family member": spouse, parent,
				stepparent, child, stepchild, grandparent, grandchild, sibling, and any other
				individual related to the employee by blood or marriage if that individual
				lives in the same household with the employee.
"Honorarium": any payment made in
				consideration for any speech given, article published, or attendance at any
				public or private conference, convention, meeting, social event, meal, or
				similar gathering. "Honorarium" does not include ceremonial gifts or awards
				that have insignificant or nominal monetary value.