| POLICY NAME | POLICY NO. | APPROVING BODY | RESPONSIBLE DEPARTMENT |
|---|---|---|---|
| Employee Conflict of Interest Policy | BA443 | President/Cabinet | Business Affairs – Human Resources |
| EFFECTIVE DATE | VERSION NO. | REVISION/REVIEW DATE | DOWNLOAD PDF |
| 08-JUN-2017 | 01 | 12-SEP-2024 | BA443_Employee Conflict of Interest Policy |
PURPOSE:
To ensure that employees conduct themselves in accordance with the expectations set forth under the Governmental Conduct Act of New Mexico (GCA). The GCA requires that all State Agency employees conduct themselves in the best interests of Western New Mexico University (WNMU) and the State of New Mexico. The GCA was created to promote public confidence in all State Agencies, including WNMU, through the policies and procedures regarding conflict of interest that are enacted in accordance with the State Statute (see Chapter 10, Article 16 NMSA 1978).
POLICY:
WNMU employees are responsible and obligated under State Statute to disclose and report any activities or relationships that may present a conflict of interest or have the potential of putting themselves and/or WNMU at risk of violating the State Statue. Under the GCA and this policy, it is unlawful for an employee to take an official act for the primary purpose of directly enhancing the employee’s financial interest or financial position.
DEFINITIONS
- CONFLICT OF INTEREST – A conflict of interest exists when there is a situation in which an employee is in a position to derive personal benefit from actions or decisions made in their official act.
- EMPLOYEE – Employee means any elected or appointed official or employee of a state agency or local government agency who receives compensation in the form of salary or is eligible for per diem or mileage but excludes legislators. WNMU employees are any employees classified as adjuncts, faculty, or staff regardless of rank, position, or full-time/part-time status.
- STATE AGENCY – State Agency means any branch, agency, instrumentality or institution of the state.
- IMMEDIATE FAMILY – The spouse, child or stepchild, grandchild, parent or stepparent, sister or stepsister, brother or stepbrother, grandparent, son-in-law or daughter-in-law or brother-in-law, mother-in-law or father-in-law or others who reside in the same household with the employee, or a person who is acting in place of a parent or who is in the care of a person acting in place of a parent.
- CONFLICT OF INTEREST ACTIVITIES – Activities which combine the personal and professional interests and the official acts and responsibilities of an employee are generally prohibited under this policy.
- OFFICIAL ACT – Official act means an official decision, recommendation, approval, disapproval or other action that involves the use of discretionary authority.
DISCLOSURE
Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service. Any employees must disqualify themselves from participating in any official act directly affecting a business in which they and/or their immediate family have a financial interest.
Disclosure should be made immediately, in writing, to Purchasing and include the relationships of the parties involved and the nature of the conflict Once a year, WNMU will initiate a recertification of every employee’s understanding of this policy and request reconfirmation of any conflict of interest. All employees are required to comply with this requirement upon hire, on a yearly basis, and earlier if conflicts arise.
VIOLATIONS OF THIS POLICY
When a disclosed, known, or suspected conflict of interest activity is reported, warranted action will be determined based on documentation and investigation. Disciplinary action up to and including termination of employment will be initiated if necessary.
Failure to disclose any conflict of interest, regardless of the significance, may result in disciplinary action up to and including termination of employment.
WNMU reserves the right to pursue criminal or civil actions against any violators under this policy.