Conflicts of Interest Declaration Management of Conflicts of Interest Declaration Thi is the my presentation

Protect the integrity and credibility of an organization Why managing Conflict of Interest Matters Public agencies to promote good governance and maintain public trust and confidence Protect the integrity and credibility of an organization

Legal Obligations… ACA 2011 (63): “where a public servant or his or her relative or associate has a private or personal interest in a decision to be taken by a public agency, that public servant shall not vote or take part in a proceeding or process of the public agency relating to such decision” BCSR 2012 (3.2.11): “A civil servant shall declare and avoid Conflicts of Interest in the process of official decision-making and while discharging all other official responsibilities”

Legal Obligations… CCPC 2001 (73): “A case shall not be assigned to a Drangpon (Judge) who may have or be reasonably construed to have a Conflict of Interest in matter at hand” DHI CGC (2.4.7): “Any conflict of interest, actual or potential, between personal interests of directors and those of the company, shall be avoided”

Conflicts of Interest if not managed Personal Benefits Favoritism/Biasness Legal Consequences Failure to declare Conflicts of Interest is corruption offence- Sec 63, AC Act 2011 Corruption

What is Conflicts of Interest ? ‘Conflict between public duty and private interest of the public official, which could improperly influence the performance of public official’s duties’-OECD Fundamentals of ethics and integrity Private interest Public interest Personal Interest? Interests that can bring benefits or disadvantages to the public official as an individual, or to others whom the public official may wish to benefit or disadvantage Example:

Financial Interest ? Non-Financial Interest? Financial and Non-Financial Interests Financial Interest ? Fundamentals of ethics and integrity Non-Financial Interest? Example:

Some Examples… Receiving gifts/hospitalities from a vendor seeking/having contractual dealings Participating in recruitment of a person with whom the official has a personal relationship. Renting one’s own building/car to the organization that one works in Buying a plot upon knowing the government’s policy on town planning in that particular area.

Conflicts of Interest can be Actual, Potential or Perceived Fundamentals of ethics and integrity Potential Perceive d Actual

Are all the Conflicts ‘unethical’? Having a Conflict of Interest is not necessarily a problem Having a conflict of interest and doing nothing about it is a problem!

Approach to manage Conflicts of Interest 1. Disclosure 2. Review 3. Management Ad-hoc and Annual Disclosure..\Sample Form for Declaration of Conflicts of Interest (1).pdf Review disclosures Handling the declared Conflicts of Interest Maintaining record is important!

Management Option…. Recuse Waive off Divest

Nature and importance of the public official’s role in the matter Some Parameters to consider… The effect that the decision or other action would have upon the interest of the person Nature and importance of the public official’s role in the matter Sensitivity of the matter The difficulty of reassigning the matter to another official; and

Conflicts of interest situations varies with functions of organization Conflicts of interest situations varies with functions of organization.- Must have organization specific management policy A perceived conflict is as potentially damaging as a real conflict. It’s better to over-disclose than under-disclose. The head of the agency must take appropriate measures to manage the CoI declared by its employees

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