CONFLICT OF INTEREST GUIDELINES

The University Faculty Manual defines private outside employment or business activities outside one's expertise and area of responsibility. In these cases, there should be no conflict of interest consideration.

Conflict of interest can be a problem in consulting request which is defined as professional work performed outside university auspices that is substantively related to a faculty member's area of expertise and duties. Faculty who performs consulting duties must receive written approval and are encouraged to clearly define outside employment and business activities. The guidelines below are provided to assist faculty and administrators in making judgments regarding conflict of interest. They are taken in-part from a 1991 report of the Extension Committee on Organization and Policy (ECOP) upon the recommendation of its Personnel and Organizational Development Committee (PODC).

The nature of Extension work requires considerable direct public contact and Extension employees are generally viewed as the primary educational outreach component of the institution. Based on this role, it is critical that Extension employees be particularly sensitive to potential conflicts of interest. While most institutions have policies related to these types of issues, university policy does not always adequately address the types of conflict of interest situations which Extension employees may confront.

The following six considerations have been identified as areas of possible conflicts of interest:

1. Consulting.

Consulting by university employees provides organizations, institutions, corporations, and industries university expertise and resources that might not otherwise be available to them. An employee of the university may consult, subject to the policies established by the university.

The following suggestions should help prevent conflicts of interest situations in consulting:

• Obtain advance approval of the state Director/Administrator or his/her designee.
• Consulting should be outside the employee's current assigned geographic area.
• The Extension Director/Administrator of the consulting employee should notify the administrator in the geographic area where the consulting is to take place for public relations reasons.
• Insure that consulting is done by the employee as a private citizen and not as an Extension employee. This includes avoidance of the use of official position in media solicitations for commercial or group activities, such as overseas tours, etc.
• The institution's name, facilities, materials, supplies, etc., should not be used without prearranged approval.
• Insure that the consulting is done on the employee's own time, (i.e., approved consulting time or other approved leave time).
• Consulting should be allowed to occur within the area of geographic responsibility if it is not part of the employee's normal responsibility to the university and is not normally provided through the University's Extension component or other component of the university.
• The work undertaken should contribute to the employee's professional development, should be accomplished without interference with assigned duties, and should conform to university policy.
• Consulting in a different specialty area from employees assigned duties may not constitute a conflict of interest providing employees adhere to University/Extension policies.
• Extension faculty with "split appointments" may be able to consult (for a fee) within their respective assigned geographic area on that portion of their appointment that is instruction and/or research. Consulting activity should not be in conflict with faculty member's Extension responsibility or POW.
  

2. Minimizing the risks of actual or perceived conflict of interest while encouraging private sector support for Extension, Research, and Resident Instruction activities (including speakers, events, awards, grants, educational materials, etc.).

Extreme caution and professional judgment, deliberated with diligent care, must be exercised by each employee when using an brand name in any service, work product, or program resulting from performing the responsibilities of the position of appointment. Except as an inescapable consequence of diligently deliberated professional judgment, promoting or endorsing brands of commercial products is prohibited. Employees are required to always be objective in dealing with topics that are controversial or an issue of public debate. Employees have a responsibility to provide facts of the issue equally to all interested members of the public regardless of their views concerning such issue. Employees primarily involved with one client group are governed by the same requirements of objectivity as those with varied clienteles.

Clarification of potential conflicts should be sought from the immediate supervisor. Insure that private sector support is recognized/acknowledge publicly; however, no endorsement of product or services should be provided.

Outside monies from private sector should support the major programs and objectives of Extension. Recognize organizations' contributions, but acknowledge that acceptance of support is not an endorsement of contributors' products/services by the university. Use of educational foundations is suggested as a method of receiving private funds rather than by direct transfer.

3. Ownership or operation of a personal/private business.

Occasionally employees may own or operate a business when entering Extension employment, or they may acquire it after being employed. This may or may not be a potential conflict of interest with the employee's Extension job.

Determination should be made of employee time commitments to manage, operate, or be involved in such business. If appreciable employee time is required away from the Extension job, suitable arrangements need to be made (i.e., time arrangements, business divestiture, or employee termination). The State Director/Administrator or his/her designee should approve all outside employment/business ventures that relate closely to one's position. Time spent on such business must be done on the employee's own personal time (i.e., vacation or other approved leave). The employee's business must not unfairly compete with similar private businesses. The employee must not have an unfair advantage over private business because of special Extension job related knowledge he/she may have about the private business operations.

Selling articles or programs to media about work-related programs should be avoided.

4. Buying, selling, and/or trading livestock, crops, commodities, etc.

As a side interest, employees may become involved in trading agricultural or other commodities or futures contracts that are closely interrelated to their Extension job. Personal investments (stocks and bonds, etc.) would not normally fall into this category, unless it required too great a time commitment away from work.

Determination should be made if the employee's job assignment closely involves the commodity in question. If so, he/she needs to identify involvement in trading activities. A determination must be made regarding whether the employee's involvement presents unfair competition to others trading such commodities. If his/her activity appears to conflict with the employee's job time or job assignment, the approval of the state Director/Administrator or his/her designee is required before further activity is undertaken.