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What is the Purpose of the Conflict of Interest Statute?

To remove or limit the possibility of personal influence that might bear upon a public employee’s decision in his or her capacity as a public employee.

Who is considered a conflict of interest?

An employee who has, or whose relative has a substantial interest in any contract, sale, purchase, or service by or to the Board of Regents or the universities, as well as in any decision related to the contract, sale, purchase or service.

Who are employees and Relatives?

Employees are all persons who are employed by the Board and universities on a full-time, part-time, or contract basis (including student employees).

Relatives are defined to include spouses, children, grandchildren, parents, grandparents, brothers, sisters (including half-brothers and half-sisters), brothers and sisters-in-law, parents-in-law, and children-in-law of the employees. If any substantial interest is present in a relative, that interest will be considered to be that of the employee.

When does Substantial Interest occur?

When an employee or their relative owns at least 3% of a corporation for profit.

What are the responsibilities of the employee?

1.Make the interest known by filing a Disclosure of Substantial Interest form with PACS (available at http://uabis.arizona.edu/eforms/forms/iConflict_of_interestJune09.pdf)

2.Keep the form current!3.Refrain from voting or participating in any

manner in the contract, sale, purchase, or decision.

Can the University do business with an Employee who has or

whose relative has a substantial interest?

Yes!Provided……….

1) The interest is disclosed in the special file (PACS office) or in the minutes of the ABOR

2) The contract is with the employee and the contract is awarded as a result of a public sealed competitive solicitation regardless of the dollar amount

3) If the contract is with a relative, a public sealed competitive solicitation is not required.

4) In both instances (2&3) the employee must refrain from voting or participating in any manner in the contract, sale, purchase or decision.

What happens if someone violates this policy?

1.The Contract is voidable or subject to cancellation.

2.The person may be guilty of a class 6 felony or a class 1 misdemeanor.

3.If the person is found guilty they shall forfeit their employment.

How can I avoid jail time?

1.Disclose any substantial interests you may have

2.Refrain from participating in any decisions related to the substantial interests.

3.Know the University Policy and Arizona Revised Statutes regarding Conflicts of Interest.

Resources

Arizona Revised Statutes Title 38 – Public Officer and Employees, Chapter 3 – Conduct of Office, Article 8 – Conflict of Interest of Officers and Employees :

(http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=38)

University of Arizona Procurement and Contracting Services Policy Number 1.4:

(http://pacs.arizona.edu/purch/manual/man1.html#Conflict)

QUESTIONS??