GP: 12 Conflict of Interest (New)

Effective Date: 10/11 Downloads: PDF Version    Revised Date: 07/15
   

Policy

To ensure the integrity of the WIC Program both the Local and State Agencies shall ensure that no undeclared Conflict of Interest or the appearance of a Conflict of Interest exists for any employees of the Local or State Agencies. All agencies shall ensure that no conflict of interest exists between WIC agency personnel and participants and/or food vendor(s).  A Conflict of Interest will be deemed to exist when an employee of a Local or State agency is also a participant or proxy, or who works or has relatives who work at, or own a WIC approved vendor.

Procedure

Each local agency shall establish a written conflict of interest policy and through education and supervision of its staff, ensure that no conflict of interest exists between any WIC agency personnel, participants, proxies and/or vendors.

The local agency shall make available to the State agency staff upon request and in a timely manner, its written conflict of interest policy and statement.

To ensure the integrity of the program, all local agency staff members shall sign a conflict of interest statement upon employment and once every year within 30 days of each Federal fiscal year. The statement will be updated throughout the fiscal year as staff members inform clinic managers that themselves, a relative or a close friend is applying for, or is receiving WIC benefits.

The local agency may use the attached Nevada WIC Program Employee Conflict of Interest Statement (COI) or develop its own COI statement providing it contains, at a minimum, the same criteria reflected in the State agency developed statement. Local Agency COI policies and statements must be forwarded to the State of Nevada WIC Program for approval.  When changes are made to the Local agency COI policy or statement, the changes must be forwarded for approval.

The employee’s supervisor shall also sign and date the COI statement. The local agency shall make available to the State agency staff upon request and in a timely manner, the completed conflict of interest statement for each WIC employee.

At a minimum, the written Conflict of interest policy shall include the following:

  • WIC employees shall not engage in any activities which creates a conflict of interest between the employees’ assigned functions and any other interests or obligations or those of immediate family members or business associates.
  • WIC employees shall not engage in activities which violate federal or state laws, WIC Policies, or which, in any way, diminish the integrity, efficiency, or quality of the WIC Program.
  • WIC employees shall not perform their official duties in a manner that would result in preferential or discriminatory treatment to any person or vendor
  • WIC employees shall not, directly or indirectly, ask for, give, receive, or agree to receive any compensation, gift, reward, or gratuity for performing, omitting, or deferring the performance of any job related duties.
  • WIC employees shall not abuse, misuse, or disclose confidential information in a manner that can result in a direct benefit to employee or immediate family member or business associate.
  • A WIC employee may not supervise another member of the employee’s immediate family.
  • A WIC employee may not certify him/herself, a relative or a close friend.
  • WIC employees must refrain from directing or recommending that a WIC participant choose or stay away from a specific vendor to redeem benefits.
  • WIC employees must refrain from knowingly making a decision intended to benefit or to disadvantage a specific authorized WIC vendor.
  • WIC employees must prohibit an alternate or proxy from acting on behalf of more than one certified family unless otherwise authorized by the supervisory staff of the local agency. Approval must be documented in the employee file.
  • An owner or spouse of an owner of a WIC authorized vendor is prohibited from being concurrently employed by WIC.

NOTE: Failure to comply with the terms of this policy may result in the employee being   subject to appropriate disciplinary or corrective action, including dismissal

All conflicts of interest issues or complaints shall be reported directly to the State Agency.

This policy does not intend to deny any employee opportunities available to all other citizens of the state to acquire private economic or other interests so long as this does not interfere with their WIC duties or disadvantage the WIC Program in any manner. Conflicts of interest are not necessarily unwarranted, unethical or illegal, nor are they always avoidable.  Rather, it is the failure to disclose conflicts or potential conflicts to appropriate authorities; to comply with approved conflict of interest polices; to continue to engage in a conflict after disapproval by appropriate authorities; or to further conduct oneself in a manner that unethically hurts, hinders, or disadvantages the WIC Program that must be avoided.

 Authority- 7CFR 246.12(h)(xix), 7CFR246.12 (r), 7CFR246.12(t)

 

State of Nevada WIC Program

Employee Conflict of Interest Statement

 

I have read and understand the State of Nevada WIC Program’s Conflict of Interest Policy and Procedure. By signing below, I am agreeing to always follow the policy by:

  1. Informing my supervisor, before any activity or discussion, if I find that I or any person with whom I have personal, family or business relationship has a direct or indirect interest in or relationship to any individual or business that does or proposes to conduct business with WIC, including certification.
  2. I will notify my current supervisor and the State Agency to make arrangements for myself, my children, my relatives, my household members, or my friends to be certified and receive WIC food benefits. I will NOT certify or issue my own, my children’s, my relatives, my household members or my close friends WIC benefits.
  3. If I or my children are determined eligible for WIC food benefits and the person assigned to issue them to me or my children is not available to do so, I will notify my supervisor or the State Agency to make alternative arrangements. The person who is authorized to issue the WIC food benefits will note in my and my children’s WIC file the current arrangements.
  4. I will not engage in activities which violate federal or state laws, WIC Policies or which in any way, diminish the integrity, efficiency, or quality of the WIC program.
  5. I will not perform my official duties in a manner that would result in preferential or discriminatory treatment to any person or vendor.
  6. I will not, directly or indirectly, ask for, give, receive, or agree to receive any compensation, gift, reward, or gratuity for performing, omitting, or deferring the performance of any job related duties.
  7. I will not abuse, misuse, or disclose confidential information in a manner that can result in a direct benefit to employee or immediate family member or business associate.
  8. I will not supervise another member of the employee’s immediate family.       The local agency will need to contact the State agency for approval if this cannot be avoided. If an individual becomes a supervisor of an immediate family member for items number 2 and 3 above I will be required to contact the State agency for approval.
  9. I will not show any favoritism, by oral or written communication, posters, handouts, or media presentations, towards any WIC authorized vendors.
  10. I will refrain from knowingly making a decision intended to benefit or to disadvantage a specific authorized WIC vendor.
  11. I certify that neither I nor any individual related to me by blood or marriage has any financial interest in any grocer authorized to accept WIC EBT cards.
  12. I certify that I am not the owner or spouse of an owner of a WIC authorized vendor.

I hereby disclose the names of and my relationship to any WIC employee or authorized vendor or the State of Nevada WIC Program, as well as my relations to any owner, proprietor, partner, manager or employee of an authorized vendor of the State of Nevada WIC Program.

 

Name: _____________________________ Relationship: _________________________

Name: _____________________________ Relationship: _________________________

Name: _____________________________ Relationship: _________________________

Name: _____________________________ Relationship: _________________________

*Use a separate sheet for additional parties and attach to this document if additional spaces are required.

□      I do NOT have any conflict of interest.

□       I do have or may have a conflict of interest, which is: ____________________________________         ____________________________________________________________________________              ____________________________________________________________________________            ____________________________________________________________________________              ____________________________________________________________________________            ____________________________________________________________________________              ____________________________________________________________________________

 

I understand and agree to the above terms and I understand that formal disciplinary action and/or dismissal may occur if I fail to comply to the above terms.

__________________________________           ________________________________

Employee Name (print full name)                                                  Title

__________________________________           ________________________________

Employee Signature                                                                           Date

__________________________________           ________________________________

Supervisor’s Signature                                                                       Date

**Family and relatives are defined as: employee’ parents, spouse, children, brothers, sisters, grandparents, great-grandparents, uncles, aunts, nephews, nieces, grandchildren, great-grandchildren, cousins, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather-in-law, grandmother-in-law, great-grandfather-in-law, great-grandmother-in-law, granddaughter-in-law, uncle-in-law, aunt-in-law, brother-in-law, sister-in-law, grandson-in-law, nephew-in-law, niece-in-law, great-grandson-in-law, great-granddaughter-in-law, cousin-in-law, step-parents, step-children, step-grandparents, step-aunts, step-uncles, step-cousins, step-great-grandparents, step-nieces-step-brother, step-sisters , step-nephews all step in laws.