2.9 - Conflicts of Interest

2.9 CONFLICTS OF INTEREST

A. Purpose
  • To promote impartiality in decision-making.

  • To avoid any imputations regarding professional judgment.

  • Recognize various types of conflicts of interest that may arise during the performance of official duties, which include actual, perceived, or potential conflicts.

B. Definitions
  1. Close Personal Relationships:

    • Family members.

    • Close friendships.

    • Individuals with whom the employee has an intimate or romantic relationship.

    • Those with whom the employee has business or financial dealings.

    • Individuals with whom the employee has private interests that may improperly influence their decisions (this can include neighbors and estranged relationships).

  2. Conflict of Interest:

    • Defined as a situation where a person stands to gain personally from actions, inaction, or decisions made in their official capacity.

    • This encompasses actual, perceived, and potential conflicts of interest.

  3. Exigent Circumstance:

    • An emergency requiring immediate action due to circumstances that objectively justify such action.

    • Examples include preventing imminent danger to life, serious damage to property, destruction of evidence, or the escape of a suspect.

  4. Perceived Conflict of Interest:

    • A situation where a reasonable person would interpret the potential conflict between an employee’s personal interests and their official responsibilities.

  5. Potential Conflict of Interest:

    • A condition that may develop into an actual or perceived conflict of interest in the future.

C. Determining A Conflict of Interest
  1. While it is impossible to enumerate all potential conflicts of interest due to diverse circumstances and relationships, some common scenarios include:

    • a. An employee assigned to investigate or take action on behalf of a friend, family member, or known individual.

    • b. An employee handling a complaint about a friend, family member, or known individual.

    • c. An employee participating in the procurement of supplies or services from businesses where they, a relative, or a friend/business partner has a financial stake.

  2. Determine if any competing interests could interfere with or be perceived to interfere with the employee’s capacity to make objective decisions while executing official duties.

D. Procedure
  1. In the absence of exigent circumstances, employees must refrain from taking official actions or participating in decision-making processes concerning incidents, cases, or investigations involving themselves or individuals with whom they have close personal relationships.

  2. Employees must not utilize their official position to sway an outcome in incidents, cases, or investigations involving themselves or those with whom they share close personal relationships.

E. Duty To Disclose
  • If an employee becomes involved in a conflict of interest (e.g., an exigent circumstance involving a neighbor) or if there is a likelihood of becoming involved (e.g., being dispatched to an incident with a former spouse), they must promptly report the conflict to their division/facility/division commander through the appropriate chain of command.

F. Reassignment
  • In situations where an employee should abstain from fulfilling their official duties to maintain the appearance of impartiality, the division/facility/division captain, or their designee will reassign the call for service, case, or investigation to another suitable entity (e.g., an unconflicted employee or a responsible jurisdiction).