Salt Lake Community College Ethics - Conduct and Policy. What Employees Need to Know

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1 Salt Lake Community College Ethics - Conduct and Policy What Employees Need to Know

2 Applicable Laws-Utah Code 53B Power of Board to adopt rules and enact regulations. The board may enact regulations governing the conduct of university students, faculty, and employees.

3 Government Records Access and Management Act (GRAMA) under which the legislature recognizes: The public s right of access to information concerning the conduct of the public s business (public records) The right of privacy in relation to personal data gathered by government entities (private records) A public policy interest in allowing government to restrict access to certain records for the public good (restricted as: controlled, protected, or exempt records)

4 Government Records Access and Management Act (GRAMA) Any public requests for information or documents not part of those regularly released should be referred to: SLCC GRAMA Officer

5 Felony to accept emolument. Any person acting as a procurement officer for the state of Utah or any subdivision thereof, or who in any official capacity participates in the procurement of any supplies, services, construction, real property, or insurance for any such political units, is guilty of a felony if the person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward, or any promise thereof, either for the person's own use or the use or benefit of any other person or organization from any person interested in the sale of such supplies, services, construction, real property, or insurance.

6 Felony to accept emolument Examples: Meals Golf outings Event tickets Promotional items Questions? Contact the Purchasing Director

7 Felony to accept emolument Exceptions: Sample items (such as office supply samples) must be used only for SLCC-related work SLCC logo items Promotional items from a college sponsored program such as the annual health benefits fair SLCC paid for you to attend a conference at which vendors donate or sponsor items in conjunction with the conference attendance A contract provides for specifics such as training, which includes a lunch or promotional item

8 Internal auditing programs -- State agencies. (1) (b) The governor may, by executive order, require other state agencies to establish an internal audit program (c) An agency head may establish an internal audit program for his agency if the agency administers programs that: (i) might pose a high liability risk to the state; or (ii) are essential to the health, safety, and welfare of the citizens of Utah

9 Internal auditing programs -- State agencies (3) (a) The University of Utah, Utah State University, Salt Lake Community College, Utah Valley State College, and Weber State University shall conduct various types of auditing procedures as determined by the Board of Regents. (b) The Board of Regents may issue policies requiring other higher education entities or programs to establish an internal audit program. (c) An agency head within higher education may establish an internal audit program for his agency if the agency administers programs that: (i) might pose a high liability risk to the state; or (ii) are essential to the health, safety, and welfare of the citizens of Utah.

10 (3) (f) Agency head -- Powers and duties The agency head shall ensure that: (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;... Questions? Contact the Director, Internal Audit

11 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.

12 Summary of The purpose of Utah Code is to set forth standards of conduct for officers and employees of the state of Utah where there may be conflicts of interest between their public duties and their private interests. The law intends to promote the public interest and strengthen integrity in the operations of the Utah government and its employees. It does not intend to deny any public officer or employee the opportunities available to all other citizens of the state to acquire private economic or other interests so long as this does not interfere with his/her full and faithful discharge of his/her public duties.

13 Improper Use of Job-Related Information by: Improperly disclosing or using private, controlled, or protected information. Using position to secure privileges or exemptions. Accepting employment which would impair independence of judgment or ethical performance.

14 Conflict of interests prohibited. No public officer or public employee shall have personal investments in any business entity which will create a substantial conflict between his private interests and his public duties.

15 Inducing others to violate chapter. No person shall induce or seek to induce any public officer or public employee to violate any of the provisions of this chapter.

16 Unethical transactions -- Duty to dismiss officer or employee -- Right to rescind or void contract. If any transaction is entered into in violation of Chapter 67-16, the state, political subdivision, or agency involved: shall dismiss the public officer or public employee who knowingly and intentionally violates this chapter from employment or office as provided by law; and may rescind or void any contract or subcontract entered into in respect to such transaction without returning any part of the consideration that the state, political subdivision, or agency has received.

17 Controlled substances and alcohol use prohibited. 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, possess, use, or distribute a controlled substance or alcohol if the activity prevents: state agencies from receiving federal grants or performing under federal contracts of $25,000 or more; or the employee to perform his services or work for state government effectively as regulated by the rules of the executive director in accordance with Section ; or refuse to submit to a drug or alcohol test under Section

18 Theft Elements A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. Examples: A manufacturer s rebate directly resulting from a purchase using college funds belongs to the College. Any items, e.g. airline tickets to a resort or a gift certificate to a restaurant, that an employee wins at a vendor show as a representative of SLCC during SLCC work hours: belongs to the College must be disclosed to the supervisor.

19 76-8 Offenses Against the Administration of Government: Official misconduct -- Unauthorized acts or failure of duty. A public servant is guilty of a class B misdemeanor if, with an intent to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office, or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.

20 76-8 Offenses Against the Administration of Government Unofficial misconduct False statements Stealing, destroying, or mutilating public records Falsifying/altering of records

21 Applicable Laws - Federal FERPA HIPAA SEVIS Tax laws Civil Rights Act of 1964 ADA FMLA EPA laws OSHA

22 Utah State Board of Regents Commissioner s Office of Higher Education These agencies have no by-laws specific to daily tasks. However, employee ethical behavior is part of the overall control system, and Regent policy requires an appropriate internal control system.

23 SLCC Policies and Procedures While laws and Regent rules supersede policy and procedures, SLCC has the authority to supplement those controls with its own requirements.

24 SLCC Policies and Procedures Relevant SLCC Policies 2.03 Employment of Relatives 2.05 Affirmative Action/EEO 2.06 Sexual Harassment Avoidance 3.02 Consultation and other employment activities 3.03 Conflict of Interest 3.16 Ethical Conduct

25 SLCC Policies and Procedures 3.03 Conflict of Interest Conflict of interest exists where personal interests adversely affect College employment. The overall purpose of this policy is to assist employees to better understand their employment commitment to Salt Lake Community College. Expectations, guidelines and restrictions are outlined to help each employee comply with the objectives of this policy. Many of the conflicts encountered arise from natural overlaps between legitimate areas of personal and professional activities, which can be reconciled only on a case by case basis. Therefore, this policy will provide guidelines that will help:

26 SLCC Policies and Procedures Maximize each employee's unique contribution to the College. Encourage openness between employees and supervisors about situations that might give rise to conflict of interest interpretations Enhance the professional attitudes and increase the efficiency and productivity of College employees. Eliminate possible improprieties relating to an employee's position at the College.

27 SLCC Policies and Procedures 3.16 Ethical Conduct Policy SLCC employees are expected to comply with all laws and regulations to which they are subject. In addition they are expected to adhere to ethical guidelines (under this policy)...as well ethical standards adopted by their respective professional association (if applicable).

28 SLCC Policies and Procedures SLCC Whistleblower Procedure Objectives Reporting procedure for suspected improper activities Stewardship of the SLCC resources SLCC commitment to and compliance with laws and regulations Support of ethical practices and ethical treatment of those in the college community Establish a whistleblower hotline (EthicsPoint) Provide protection from retaliation in reporting Provide an integral internal safeguard for all SLCC operations

29 SLCC Policies and Procedures SLCC Whistleblower Procedure Reporting Suspected Improper Activities Reporting to Supervisors or College Officials Reporting to the Whistleblower Hotline (EthicsPoint) Reporting to the Whistleblower Standing Committee Chair Director of Equal Employment Opportunity Director of Human Resources Director of Risk Management Director of Public Safety Representative from Student Services Representative from Institutional Advancement Reporting to the State Auditor

30 SLCC Policies and Procedures SLCC Whistleblower Procedure Employee Responsibilities Employees who know of, or who receive a report of, suspected improper activities shall promptly report the matter to their supervisor All College employees, especially those in supervisory roles, should be aware of communications that may constitute a report of allegations of suspected improper activity Supervisors who receive a report of suspected improper activities shall: Always document oral reports in a written account Report to and seek assistance from the standing committee within one working day

31 SLCC Policies and Procedures SLCC Whistleblower Procedure Employee Responsibilities Whistleblowers provide initial information based on a reasonable belief that an improper activity has occurred. The motivation of a whistleblower is irrelevant to the consideration of the validity of the allegations. However, intentionally filing a false report, whether orally or in writing is itself considered an improper activity that the College has the right to action upon according to College Policy.

32 SLCC Policies and Procedures SLCC Whistleblower Procedure Employee Rights To work in an ethically sound environment The right of protection from retaliation to anyone who, in good faith, participates in a Whistleblower report

33 Ethics Policy Resources If you have questions regarding ethical issues that arise, you may contact: Your supervisor Internal Audit Staff Human Resources, 4600 Equal Employment Opportunity, 4561 Risk Management, 4041 Purchasing Director (for purchasing related issues), 4255 Any member of the Whistleblower Standing Committee

34 SLCC Ethics Conduct and Policy Training Record You have successfully completed the training on Salt Lake Community College Ethics Conduct and Policy. To print a copy of the Training Record SLCC Ethics Conduct and Policy click here.

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