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HR Policy 211.03 Conflict of Interest

 

Policy Statement

It is the policy of the California Maritime Academy (CMA) to adhere to the Political Reform Act of 1974 (Government Code § 81000 et seq.) and to avoid compromising the integrity of the Academy, its officials, and employees whose positions have been designated as subject to disclosure by the Academy's Conflict of Interest Code.

Definitions

A potential conflict of interest occurs when there is a divergence between an individual’s private interests and her/his professional obligations to the university such that an independent observer might reasonably question whether the individual’s professional actions and decisions are determined by consideration of personal gain, financial or otherwise. 

General Prohibition

“No public employee at any level of state or local government shall make, participate in making or in any way attempt to use his [or her] official position to influence a governmental [CSU] decision in which [s/he] knows or has reason to know [s/he] has a financial interest.”  Government Code § 87100.  Any person who willfully violates the general prohibition is guilty of a misdemeanor.  Government Code § 91000.  This prohibition applies to all CMA employees.

Principles

One of the main purposes of the Act is to prevent financial conflicts to interest on the part of public officials, including designated employees of the state and local government agencies.  The Act requires public officials to disclose all financial interests, such as investments, interest in real estate, or sources of income, which the official may possibly affect by the exercise of his or her official business.

Procedure

The Statement of Economic Interests for Designated Employees (Form 730) is designed to maintain compliance with the Political Reform Act of 1974, as amended, Government Code § 87100-97312 and must be completed in incumbent of specifically identified positions.

These statements are filed: (1) no later than 30 days after assuming office; (2) annually no later than April 1 for the previous calendar year; and (3) no later than 30 days after leaving office.

Government Code Section 91013 imposes a $10 per day fine up to a maximum of $100 for the late filing of the Statement of Economic Interests.

Statements of Economic Interests are public records.  Any member of the public shall be permitted to inspect and copy any statement during normal business hours. 

If an official or employee has a conflict of interest, the Political Reform Act may require the individual to disqualify himself or herself from making or participating in a government decision, or using his or her official position to influrnce a government decision.