MCWDB CONFLICT OF INTEREST POLICY.PDF

SUBJECT: Conflict of Interest Policy PAGE 1 OF 3
SECTION/REFERENCE: POLICY NUMBER:
ORIGINAL ISSUE DATE: REVISION DATE:
May 13, 2021
MARICOPA COUNTY AUTHORIZED BY: Maricopa County Workforce Development Board
WORKFORCE DEVELOPMENT BOARD
SUBJECT: Conflict of Interest Policy ADDENDA:
Purpose: To provide the Maricopa County Workforce Development system with a Code of Conduct to maintain
fairness and equity in its decision-making, awarding and allocation of Workforce Innovation and Opportunity Act
(WIOA) Title I-B monies as well as any other monies received by the system. All staff, partners, subrecipients and
any other organization funded with Federal dollars and other monies are expected to read, understand and apply
this policy to ensure system integrity.
Background: A conflict of interest policy ensures that individuals or representatives of organizations entrusted
with public funds will not personally or professionally benefit from the award, administration, or expenditure of
such funds. The possibility of a conflict of interest is inherent when an organization or entity is designated or is
seeking to be designated to perform more than one of the following functions in the Local Workforce
Development Area (LWDA): local fiscal agent, staff to the MCWDB, member of the MCWDB, one-stop operator
(OSO), and providers of services for adults, dislocated workers, and youth services. As recipients of public funds,
the MCWDB must assure that its staff, members, and grantees use these resources for the benefit of the public
rather than for personal benefit. This policy is intended to supplement but not replace any applicable county,
state and federal laws governing conflict of interest.
Who should read this policy: The staff, grantees and their staff, sub-grantees, or other agencies providing
program services funded through the MCWDB.
Definitions:
A. Conflict of Interest: Refers to circumstances in which an individual or an organization the individual
represents has competing interests that may affect the individual’s ability to act objectively and without
bias. There may be circumstances or actions that have the potential to undermine the impartiality of an
individual because of a possible clash between the individual's own interests and their organizational role,
or between competing organizational roles, when an individual serves in more than one organizational
role. A conflict of interest would arise when an individual or organization has a financial or other interest
in or participates in the selection or award of funding for an organization. Financial or other interest can
be established either through ownership or employment.
B. Real/Actual conflict of interest: A real conflict of interest exists when an individual in his or her official
capacity participates in a decision-making process that has a direct effect on the financial interest of his or
her personal or business interest or a member of his or her family.
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SUBJECT: Conflict of Interest Policy PAGE 2 OF 3
C. Apparent conflict of interest: The appearance of a conflict of interest arises where an employee is
assigned to participate in an official duty matter where an organization with which the employee has a
covered relationship is or represents a party to that matter, or where the matter is likely to affect the
interests of a household member, and there are circumstances that would cause a reasonable person
with knowledge of the relevant facts to question the employee's impartiality in the official matter.
D. Organizational conflict of interest: An organizational conflict of interest can arise when actions are taken
or may appear to be taken by any entity involved in more than one role, such that the performance of
that entity in one role affects its interest in its other role(s). Organizational conflicts must be mitigated
with complete separation of duties, supervision, and restrictions on information access.
E. Individual: An individual; i.e., employee, officer, board member or agent, or any member of the
individual’s immediate family (spouse, partner, child, or sibling), or the individual’s business partner.
F. Organization: A public agency, for-profit, or not-for-profit entity that employs, or has offered a job to, an
individual defined above. An entity can be a partnership, association, trust, estate, joint stock company,
insurance company, or corporation, whether domestic or foreign, or a sole proprietor.
Policy
For Individuals
A. No individual shall participate in the selection, award, or administration of a contract or grant funded
by WIOA Title I-B or other federal, state, or county funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the individual, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of the parties indicated
herein, has a financial or other interest in the firm selected for an award.
B. No individual shall cast a vote or participate in any decision-making capacity on the provision of
services by such individual (or any organization which that individual directly represents), or any matter
which would provide any direct financial benefit to the individual, to the individual’s immediate family, or
to the individual’s organization.
C. No individual shall solicit or accept gratuities, favors, or anything of monetary value from contractors or
parties to sub agreements. Individuals may receive unsolicited, gifts of value no greater than $10 from
parties unconnected to any person or organization that intends to respond to a proposal, has responded
to a proposal, or has received an award.
D. Individuals shall not use, for their own private gain, for the gain of others, or for other than officially
designated purposes, any information obtained as a result of their committee or working relationships
with the MCWDB and not available to the public at large, or divulge such information in advance of the
time prescribed for its authorized release.
E. Disciplinary actions, up to, and, including termination of employment, will be applied for violations of
this policy by any individual.
F. Conflict of Interest and Ethics provisions for MCWDB members are outlined in Article X of the MCWDB
Bylaws and in Section XIII of the Shared Governance Agreement.
For Contractors and Subcontractors
A. Each contractor and subcontractor shall maintain a written code of standards or conduct governing the
performance of persons engaged in the award and administration of MCWDB contracts and subcontracts.
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SUBJECT: Conflict of Interest Policy PAGE 3 OF 3
B. Each contractor and subcontractor shall ensure that no person in a decision-making capacity shall
engage in any activity, including participation in the selection, award, or administration of a contract or
subcontract supported by MCWDB funds if a conflict of interest, real, implied or apparent, would be
involved.
C. The standards of conduct shall provide for disciplinary actions, up to, and, including termination of
employment for violations of the code of conduct.
D. Failure to comply with this policy may result in the termination of contracts with the MCWDB and
disqualification for future contracting opportunities.
Between the CEO and the MCWDB: Conflicts between the MCWDB and the Chief Elected Official (CEO) are
addressed in the Shared Governance Agreement.
PROCEDURE
A. Violations of this policy must be reported and will be investigated. Any individual, contractor, or
subcontractor who believes a violation of this policy has occurred must report it in writing within 90 days
to the MCWDB’s Executive Director. If the possible violation pertains to the Executive Director, the
violation must be reported to the Board Chair. An investigation will be conducted to determine if a
violation has occurred and whether the violation should result in sanctions.
REFERENCES
State Workforce Policy # 1: Workforce Innovation and Opportunity Act (WIOA) Local Governance Policy
State Workforce Policy #8: Conflict of Interest Policy
Arizona Law on Conflict of Interest ASRS Section 38-501 et. Seq.
Equal Opportunity Employer/Program May 13, 2021
Auxiliary aids and services are available upon request to individuals with disabilities