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To:  All Interested Parties

Subject:  Conflict of Interest and Appearance of Fairness

Effective Date:  April 1, 2005

A.    BACKGROUND

The Snohomish County Workforce Development Council ( WDC ) recognizes that by its very composition conflicts of interest and issues concerning the appearance of fairness may arise. Therefore, it is essential for WDC Board, Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members to be sensitive and err on the side of caution when potential or real conflict or fairness matters occur.

The WDC recognizes that many WDC Board members, and members of the WDC 's Youth Council, are selected because of their expertise and involvement in youth services, training, education, employment, and employer services. These members should have every opportunity to share their talent, knowledge, and experience within the parameters of fairness.

The WDC also recognizes that WDC Board, Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members may have professional and/or personal associations which could lead to conflicts of interest or appear to lead to unfairness.

B.    STATEMENT OF PURPOSE

Consistent with OMB Circular A-110 regarding Codes of Conduct, the WDC has developed the following written standards of conduct governing the performance of its employees, officers, and agents engaged in the award, administration, and management of contracts. The WDC wishes to guard against problems arising from real, perceived, or potential conflicts of interest and to maintain an appearance of fairness. To accomplish this purpose, the WDC establishes the following definitions and actions and guidelines for interpretation as well as procedures for problem resolution.

C.    DEFINITIONS AND ACTIONS

For the purpose of this memorandum, a member of an individual's family is defined as the individual's mother, father, son, daughter, grandfather, grandmother, grandson, granddaughter, step-child, foster parent, foster child, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, or domestic partner.

  1.   Conflict of Interest

Pursuant to the Workforce Investment Act, no member of the WDC or the Youth Council shall cast a vote on the provision of services by that member, by any member of her/his family , or by any organization with which that member is directly affiliated or about to be affiliated or vote on any matter which would provide direct or indirect financial benefit to that member, to any member of her/his family , or to any agency with which that member is affiliated or about to be affiliated. Additionally, no member of the WDC or the Youth Council shall lobby members of the WDC or the Youth Council or any WDC committee in private or in public on behalf of any action before the WDC , Youth Council, or committee that may benefit the member personally, any member of her/his family , or any organization with which that member is directly affiliated or is about to be affiliated. WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff should act in accordance with standards of appearance of fairness in all matters.

  2.   Appearance of Fairness

The issue of the appearance of fairness arises out of associations; past, present, and future. While not a financial issue, as in conflict of interest, the association may appear unfair to the public. Associations which may cause an unfair appearance are memberships on boards of directors, advisory boards, professional and personal associations, and membership-like associations. Whenever a WDC , Youth Council, committee, staff member, or WorkSource Snohomish County partner staff member is in doubt about a possible problem with appearance of fairness, s/he will disclose the association from which the problem arises. Disclosure of association(s) does not prohibit a WDC , Youth Council, or committee member from voting or participating in other WDC business unless prohibited by the full WDC or its Executive Committee. Associations are those which pertain to memberships in organizations or contractual agreements such as those between partners, stockholders, or employers and employees as well as those which arise out of custom, shared interests, friendships, or other relationships.

C.    GUIDELINES FOR INTERPRETATION

Areas of concern are those actions or lack of actions which may lead to conflict or interest or the appearance of conflict of interest or to a perception of unfairness related to WDC business or WDC , Youth Council, committee, staff, and WorkSource Snohomish County partner staff actions outside WDC meetings. Specific areas which may pose problems include, but are not limited to, comments made in public, information sharing, disclosure of associations, and service to participants.

  1.   Comments Made in Public

WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members are encouraged to act in a public relations capacity for the WDC and the WorkSource Snohomish County system. This includes public speaking engagements and comments in a public forum. Because there is interest in WDC actions, WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members should differentiate between descriptive comments, which relate to actions already taken by the WDC , and statements which imply future WDC decision making or the ability to influence decision making.

  2.   Information Sharing

WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members are encouraged to share information with the community about WDC and WorkSource Snohomish County activities. All must protect against implying that actions taken by a specific interested party may result in favorable consideration by the WDC or the WorkSource Snohomish County system. To the extent possible, access to information regarding procurement of services should be available at the same time and under the same circumstances to all parties. Such information includes the Strategic and Operations Plans, requests for proposals, notice of meetings, meeting minutes, and policies.

  3.   Disclosure of Associations

WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members have professional and personal associations throughout the community. Such associations have been and will continue to be of significant benefit to the WDC and the WorkSource Snohomish County system. Where a direct or indirect financial conflict of interest exists, a WDC , Youth Council, or committee member may not vote or serve on a rating team. WDC , Youth Council, committee members, staff, and WorkSource Snohomish County partner staff must disclose all such associations. When associations raise appearance of fairness as an issue, WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff should qualify statements in public by disclosing the association: minutes of the meeting should reflect the disclosure.

  4.   Service to Participants

No WDC staff member or WorkSource Snohomish County partner staff member may register her/himself or a member of her/his family into any WorkSource Washington system program. Any family member seeking to be served through a WorkSource Washington system program must be screened for eligibility and served by the supervisor overseeing that specific program provided the supervisor is without a conflict of interest relative to the individual to be served. Should the supervisor overseeing that specific program have a conflict of interest, the individual will be served by another staff member in a comparable position who does not have a conflict of interest relative to the individual to be served.

Any individual being served by a WorkSource Washington program who becomes employed by the WDC or a WorkSource Snohomish County partner, or any other WIA funded program agent, in either a subsidized or unsubsidized capacity, must be exited from all WorkSource programs on or before the date of hire by the WDC, WorkSource Snohomish County partner, or other WIA funded program agent.

No active participant may have access to the Statewide Management Information System, Services, Knowledge, and Information Exchange System (SKIES).

D.    PROCEDURES FOR PROBLEM RESOLUTION

The WDC recognizes that the above guidelines do not address all areas of possible interpretation of conflict of interest and appearance of fairness. WDC , Youth Council, committee, staff members, and WorkSource Snohomish County partner staff members are encouraged to seek further guidance as the need arises.

The WDC 's goal is to resolve such issues informally whenever possible as outlined in the following procedures.

  1.   Verbal Concern

Any concerns about the actions of a WDC , Youth Council, committee, staff member , or WorkSource Snohomish County partner staff member should be expressed verbally to the President/CEO of the WDC . The President/CEO will interpret these guidelines or offer other resolution as appropriate. If no acceptable resolution is found, a written concern may be addressed to the President/CEO.

  2.   Written Concern

The President/CEO will review the written concern any may elect to offer a verbal resolution, a written recommendation for resolution, or convene an ad hoc committee to study and resolve the concern. If an ad hoc committee is convened, it will issue a written resolution. If no acceptable resolution is reached, or if the concern is in regard to the President/CEO, the matter will be referred to the Executive Committee.

  3.   Executive Committee Concern

If the matter is referred to the Executive Committee, the Executive Committee shall have responsibility for taking steps to achieve resolution which may include mediation, referral to the Personnel Committee for consideration, or other action as appropriate. If no resolution is achieved, the matter will be referred to the full WDC for consideration and resolution.