Ethics and Related Issues

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Ethics and Related Issues

• Things you need to know as supervisors to keep
  you and your staff out of trouble

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Overview

• Laws
• By-laws
• Policies and procedures

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You cant ignore these!

• Laws come from federal and state legislative
  bodies
• Regulations issue from oversight agencies
• Internal policy and procedures control SLCC
  operations

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State laws you should know

• 53B-3-103 Power of board to adopt rules and enact
  regulations
• 63-02 Government Records Access and Management
  Act
• 63-56-1001 Felony to accept emolument
• 63-91 Utah Internal Audit Act

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More state laws

• 67-16 Utah Public Officers' and Employees' Ethics
  Act
• 67-19-33 Controlled substances and alcohol
  prohibited
• 76-6-404 Theftelements
• 76-8 Offenses Against the Administration of
  Government

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53B-3-103 Power of board to adopt rules and
enact regulations

• The board may enact regulations governing the
  conduct of university and college students,
  faculty, and employees.

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63-02 Government Records Access and Management
Act

• The Legislature recognizes two constitutional
  rights     (a) the public's right of access to
  information concerning the conduct of the
  public's business and     (b) the right of
  privacy in relation to personal data gathered by
  governmental entities.
• The Legislature also recognizes a public policy
  interest in allowing a government to restrict
  access to certain records for the public good.

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Before you release any document or information
not part of the information you distribute
regularly, contact SLCCs GRAMA Officer

• Nancy Sanchez
• Extension 4041

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67-16 Utah Public Officers' and Employees' Ethics
Act

• Applies to all government employees, including
  higher education
• Applies to officers, who are appointed or elected

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67-16-4 Improperly using information from the
job

• Employees cannot use information gained on the
  job, that under GRAMA, is non-public information
  to further private interests, special privileges,
  employment, or otherwise interfere with the
  ethical conduct of business.

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67-16-8 Participation in a transaction involving
a business in which a public employee has an
interest

• No SLCC employee shall participate in his
  official capacity or receive compensation in
  respect to any transaction between SLCC and any
  business in which the employee owns a substantial
  interest

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67-16-9 Conflict of interest

• No SLCC employee shall have personal investments
  in any business entity which will create a
  substantial conflict of interest between private
  interests and public duties.

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67-16-10 Inducing others to violate conflict of
interest law

• No person shall induce or seek to induce any SLCC
  employee to violate any of the provisions of this
  chapter

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67-16-14 Unethical transactions

• If any transaction is entered into in violation,
  SLCC shall dismiss the employee who knowingly and
  intentionally violates this chapter from
  employment

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Utah Law 67-13-33

• An employee may not manufacture, dispense,
  possess, use, distribute, or be under the
  influence of a controlled substance or alcohol
  during work hours or on state property except
  where legally permissible. . . .

manufacture, dispense,

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Drugs Booze

• possess, use, or distribute a controlled
  substance or alcohol if the activity prevents
• the employee to perform his services or work for
  state government effectively . . . or
• refuse to submit to a drug or alcohol test under
  Section 67-19-36.

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Laws with criminal penalties

• Violation of 63-56-1001and the laws in Chapter
  76, the Utah Criminal Code, may result in
  criminal charges

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Felony to accept emolument

• Chapter 63, section 56-1001, specifically states
  its a felony to accept an emolument.
• An emolument is any kind of gift, gain, or
  compensation provided by a vendor.
• Examples would be meals, golf outings, event
  tickets, promotional items, etc.
• Exceptions include promotional items used only at
  work, including things with SLCCs logo.

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Why so strict?

• Taxpayers see these perks as ways of influencing
  purchasing decisions that may not be in the
  publics interest.
• We need to be aware of the image we project of
  public employees getting a special deal.
• Avoid even the appearance
• of wrongdoing.

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Exceptions

• The contract provides for specific things, like
  training with a lunch or something promotional in
  nature.
• The items are part of a college sponsored program
  like the annual health benefits fair.
• SLCC paid for you to attend a conference and
  vendors donate items in conjunction with the
  conference attendance.

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Utah Law 76-6-404

• A person commits theft if he obtains or exercises
  unauthorized control over the property of another
  with a purpose to deprive him thereof.

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So?

• That means any manufacturers rebate directly
  resulting from a purchase using college funds
  belongs to the college.

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And

• Any item you win at a vendor show you attend as a
  representative of SLCC during SLCC work hours
  belongs to the SLCC and must be disclosed to your
  supervisor.  Even gifts such as an airline ticket
  to a resort location or dinner for two at a
  restaurant must be reported.

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76-8 Offenses Against the Administration of
Government

• Official misconduct
• Unofficial misconduct
• False statements
• Stealing, destroying or mutilating public records
• Falsifying/altering government records

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Official Misconduct

• 76-8-201 Benefits himself or another, or harms
  another, by knowingly committed an unauthorized
  act purporting to be an act of his office, or
  knowingly refrains from performing a duty
  required by his office
• 76-8-202 Uses inside information illegally

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Unofficial misconduct

• The person knowingly withholds or retains from
  his successor or other person entitled to
  records, papers, documents, or other writings.

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Stealing, destroying, mutilating public records,
including defacing, altering, falsifying,
removing, secreting, or permitting another to do
so

• 76-8-412 By one who is the custodian
• 76-8-413 By one who is not the custodian

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76-8-502-3 Making false or inconsistent statements

• 76-8-502 During any official proceeding a person
  makes a false material statement or inconsistent
  material statements under oath
• 76-8-503 applies to
• non-material
• statements

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76-8-511 Falsification or alteration of a
government record

• Knowingly makes a false entry or false alteration
  
• Presents or uses anything knowing it to be false
  and with a purpose that it be taken as genuine
• Intentionally and unlawfully destroying,
  concealing, or otherwise impairing the
  verity/availability of a record.

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63-91 Utah Internal Audit Act

• 63-91-201(3)(a) Establishes an internal audit
  function at SLCC
• 63-91-302 (3)(f) The audit director and the
  internal audit staff have access to all personnel
  and any records, data, and other information of
  the state agency that they consider necessary to
  carry out their assigned duties

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Federal laws may apply

• FERPA
• HIPAA
• SEVIS
• Tax laws
• Civil Rights Act 1964
• ADA
• FMLA
• EPA laws
• OSHA

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The Utah State Board of Regents and the
Commissioners Office of Higher Education have no
by-laws specific to daily tasks. However, your
ethical behavior is part of the overall control
system, and Regent policy requires an appropriate
internal control system.
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Salt Lake Community College Policies and
Procedures

• While laws and Regent rules supercede policy and
  procedures, SLCC has the authority to supplement
  those controls with its own requirements.

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Relevant SLCC Policies

• Hiring relatives
• Sexual harassment
• Affirmative Action/EEO
• Drug-free workplace
• Consultation and other employment activities
• Conflicts of Interest

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Hiring Relatives

• The policy encompasses up through grandparent and
  grandchild, as well as first cousins and
  uncles/aunts. It also considers step relations
  as blood relations.
• An employee cannot hire or appoint a relative.
• Relatives may not work in close proximity with
  one another or where one could foster
  preferential treatment of a relative.
• Relatives may not work in the same organizational
  unit.

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Affirmative Action/EEO

• The College seeks to employ qualified individuals
  regardless of race, religion, color, sex,
  national origin, age, marital status, veteran
  status, or presence of any disability.

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Sexual Harassment Avoidance

• All employees are responsible for assuring that
  sexual harassment does not take place and that
  the working and educational environment is not
  sexually threatening, hostile, or offensive to
  individuals.

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Drug Free Workplace

• All SLCC campuses and properties will be drug and
  alcohol free

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Consultation and other employment activities

• All personnel of the College holding full-time
  salaried positions shall give full services to
  the work of the College during scheduled work
  periods.

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Conflicts of Interest? the state statute is
stricter in some places and hence would take
precedence over this policy

• Conflicts of interest exist where personal
  interests adversely affect College employment

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Is the behavior ethical?

• If the circumstances and behaviors were reported
  on the front page of a daily newspaper, would you
  be comfortable greeting your neighbors and having
  dinner with your parents?

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Ethics involves just more than financial honesty.

• Strong ethics means treating others right and
  doing what is right. Treat people so they feel
  valued. Add value to your job by competency.

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Please ask or check if you arent sure about
something. The only stupid questions are ones
not asked.
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Resources to contact

• Your supervisor
• Human Resources ext. 4600
• EEO Office ext. 4561
• Lynne Cartwright ext. 4009
• Nancy Sanchez ext. 4041
• Lois Wiesemann ext. 4255 for purchasing questions
  

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