Employee Conflict of Interest and Ethics Policy
Each YIC employee who has decision or policy-making authority shall prepare and file an initial conflict of interest statement pursuant to these regulations. Subsequent statements shall be filed thereafter whenever a change in status would create a present or potential conflict of interest situation as defined in these regulations. The initial conflict of interest statement and all subsequent annual statements shall be dated, signed and contain a declaration, under penalty of perjury, that the ... employee has: 1) no present or potential conflict of interest; 2) a present conflict of interest; or 3) a potential conflict of interest pursuant to these regulations.
(a) The following constitutes conflicts of interest for YIC employees:
(1) A conflict of interest exists when a YIC employee or a family member of such person is a governing board member, director, officer, owner, partner, shareholder, trustee or employee of any business entity or provider, holds any position of management in any business entity or provider, or has decision or policy-making authority in such an entity or provider, or makes a decision regarding YIC operations involving a business entity or provider in which he or she has a financial interest.
For the purpose of this section, an employee has a financial interest in the YIC operations if it is reasonably foreseeable that the employee’s interest or the employee’s decision regarding that interest will have a material financial effect, as distinguished from its effect on the YIC’s clients and/or their families generally, on:
(A) Any business entity or provider in which the employee has a direct or indirect investment worth more than one thousand dollars ($1,000).
(B) Any real property in which the employee has a direct or indirect interest worth more than one thousand dollars ($1,000).
(C) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to the employee status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the employee within 12 months prior to the time when the decision is made.
For the purposes of this section, “indirect investment” or “interest” means any investment or interest owned by the spouse or dependent child of an employee, by an agent on behalf of an employee, or by a business entity or provider or trust in which the employee, the employee’s agent, spouse or dependent children own directly, indirectly or beneficially a ten percent interest or greater.
The financial effect is material if it will result in a benefit, detriment, gain, loss or profit to the employee, entity or provider.
(2) A conflict of interest exists when a YIC employee devotes less than his or her full-time attention and effort to his or her YIC employment for that period for which he or she is being reimbursed.
(3) A conflict of interest exists when a YIC employee provides services for salary, honorarium or compensation of any kind in such fashion that the employee is receiving dual compensation for the same period of time. This subsection does not apply to the YIC employees while officially off duty.
(4) A conflict of interest exists when a YIC employee participates in the evaluation of an application for employment at the YIC when the applicant is a member of the employee’s family or when an employee acts as a supervisor of another YIC employee who is a member of the supervisor’s family.
(A) For the purpose of this subsection, supervisors shall include those individuals who serve as reviewing officer for reports of performance.
(B) For the purpose of this subsection, family members shall include: spouse, children, stepchildren, parents, stepparents, brothers, sisters, grandchildren, grandparents or inlaws.
(b) No YIC employee shall continue employment with the YIC where the employee has a conflict of interest in violation of those provisions, unless the employee eliminates the conflict of interest or obtains a waive pursuant to these regulations.