Maricopa Community Colleges

Maricopa Steward

Conflict of Interest

The Office of Public Stewardship often receives questions as to whether certain activities are permissible for employees to participate in. Additionally, many Maricopa Concernline (the 24/7 anonymous reporting tool) allegations are related to conflict of interest.

In order to help inform employees on matters related to conflicts of interest and restrictions that we as public sector employees must adhere to, a Conflict of Interest Handbook which features various rules and regulations has been posted online at www.maricopa.edu/publicstewardship/Conflict.pdf. The handbook provides information on the Arizona Revised Statutes regarding conflicts of interest, ethics in public contracting, standards for financial disclosure to avoid conflict of interest in federally funded programs, and miscellaneous stewardship topics such as: Internal Controls (AR 6.12); Cash Handling (AR 1.17); Gifts, Gratuities and Unrelated Compensation (AR 1.18); Enrollment Irregularities (AR 3.7); Electronic Communications (AR 4.3); Technology Resource Standards (AR 4.4); Hiring of Relatives (All-Employee Manual A.14); and Internal Audit and Management Advisory Services (IAMAS) Fraud Warning Signs.

[Excerpt from Legal’s Business Law and Contracts Conflict of Interest Web]: Nearly all employees of public institutions have an ongoing duty to ensure that they do not have a conflict-of-interest in their employment. The essential provisions of the law are in Arizona Revised Statutes §38-503, which requires that any public employee who has, or whose relative has, a “substantial interest in any contract, sale, purchase, or service” to the agency where the employee works “make known that interest” in the agency’s official records and “refrain from voting upon or otherwise participating” in the transaction. If a Maricopa employee (or the employee’s relative) has a substantial interest in a transaction with, or decision by, the District (as well as any of its colleges or centers), the employee must do two things. First, the employee must disclose the substantial interest on the online form, which can be located at www.maricopa.edu/disclosure/. The completed form is an official record of the Maricopa Community College District that is available for public inspection. Second, the employee must thereafter refrain from voting or participating in any manner in the contract, sale, purchase or decision in which the employee has the substantial interest. For as long as the interest exists, the employee is under a continuing obligation to keep current the disclosure statement that the employee completed online.

In addition to Conflicts of Interest, vendor relationships also appear in Maricopa Concernline allegations. A question often asked of the ombudsperson—“Is it illegal if a vendor sponsors/buys/gives x?” Although it may not be illegal, it may cause damage to the public’s trust in MCCCD employees as good stewards of public resources if accepted. Vendor-sponsored conferences, sports-event tickets, meals … it’s a slippery slope. Although there is a dollar limit detailed in the regulation of $50, the value is not as important as public perception. The Gifts, Gratuities and Unrelated Compensation (AR 1.18) administrative regulation details what is permissible—and what is not when dealing with vendors.

Questions regarding potential conflicts of interest or acceptable gifts, gratuities or unrelated compensation may be directed to the Ombudsperson for review. Call (480) 731-8880 or (480) 731-8084.