CONFLICT OF INTEREST POLICY FOR MANITOBA GOVERNMENT
EMPLOYEES
Introduction
Policy Statement
General Provisions
Disclosure
Appeals
Disciplinary Action
Specific
Provisions for the Department/ Agency/ Board/ Commission (if applicable)
Administration
Questions and Answers
INTRODUCTION
On March 1, 1984 conflict of interest guidelines were introduced
to apply to all Manitoba Government employees. On June 26, 1996
the guidelines were amended to clearly apply to Deputy Ministers
and equivalents. The guidelines, shown below, are an important and
necessary policy for Government and its employees.
By providing clear standards of employee conduct, the guidelines
aim at safeguarding the public interest. Stated simply, the intent
is to prevent employees from using, or appearing to use, public
office for private gain.
Balancing the protection of the public interest, the guidelines
also provide protection to the employee. At the outset of the policy
the Government reaffirms its support of the right of public employees
to participate in the community as citizens of the community. By
stating clearly the standards of conduct expected of employees the
guidelines serve as a preventative measure so that employees do
not inadvertently place themselves in a position of conflict of
interest. Furthermore, the sections dealing with disclosure and
appeals provide employees with avenues to clarify and resolve issues
before they become a problem.
As you read through these conflict of interest guidelines you will
find that they are basically founded on common sense. Their aim
is not to interfere needlessly with legitimate personal activities
of public servants. Rather, they seek to strike a balance between
the legitimate protection of the public interest and the protection
of the employee's interest.
A. POLICY STATEMENT
- The Government supports the right of public employees to be
involved in community projects and activities as citizens of the
community.
- Notwithstanding this principle, employees should bear in mind
that the public service is entrusted with the protection of the
public interest in many significant areas of our society. In view
of the importance of this trust, it is essential that employees
maintain high standards of honesty, integrity, impartiality and
conduct. Employees must be constantly aware of the need to avoid
situations which might result in actual or apparent misconduct
or conflicts of interest, and to conduct themselves accordingly.
- For these reasons, employees shall at all times abide by the
standards of official and personal conduct set forth in this Policy
Statement and in their Oath of Office.
- The provisions herein are in addition to and in no way derogate
from the provisions of the Acts, any other statute, rule or statement
which applies to members of the Provincial Civil Service, including
Section 121 of the Criminal Code.
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B. GENERAL PROVISIONS
Whether or not specifically prohibited by these rules, employees
should avoid acting in any manner which might result in or create
the appearance of using public office for private gain.
- Employees shall not engage directly or indirectly in any personal
business transaction or private arrangement for personal profit
which accrues from or is based upon their official position or
authority or upon confidential or non-public information which
they gain by reason of such position or authority.
- Employees shall not divulge confidential or restricted information
to any unauthorized person or release such information in advance
of authorization for its release.
- Employees shall not act in any official matter where there is
a personal interest which is incompatible with an unbiased exercise
of official judgment.
- Employees shall not have direct or indirect personal business
or financial activities which conflict with their official duties
and responsibilities.
- Employees shall not place themselves in a position where they
are under obligation to any person or organization who might benefit
from improper consideration or favour on their part or seek in
any way to gain improper treatment from them in the discharge
of their official duties and responsibilities.
C. DISCLOSURE
- Employees are responsible to disclose to their Deputy Minister,
or other designated manager, any situation or matter where they
have a conflict of interest or the foreseeable potential for a
conflict of interest. In the case of a Deputy Minister or equivalent,
disclosure will be to the Clerk of Executive Council.
- Employees who wish to obtain clarification from their Department
when a situation arises that may appear to conflict with this
policy may request such a clarification from the Deputy Minister
(or designate) of their Department. In the case of a Deputy Minister
or equivalent, such clarification may be obtained through the
Clerk of Executive Council.
- Formal disclosure statements are to be made in writing by the
employee and addressed as "confidential" to the Deputy
Minister or designate, or in the case of a Deputy Minister or
equivalent, to the Clerk of Executive Council.
Employees will thereafter be advised of steps, if any, that must
be taken to avoid a conflict of interest with their duties.
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D. APPEALS
- An employee who disputes the application of these guidelines
within their Department may appeal such application(s) to the
Deputy Minister of the Department, or in the case of a Deputy
Minister or equivalent, to the Clerk of Executive Council.
- An employee who disputes a decision regarding these guidelines
from the Deputy Minister of their Department, or a Deputy Minister
who disputes a decision from the Clerk of Executive Council, may
appeal such decision to the Civil Service Commission (as defined
under Section 4(1) of The Civil Service Act). The decision
of the Civil Service Commission shall be final.
- The employee, at his/her option, may have a representative present
at the appeal.
E. DISCIPLINARY ACTION
Departure from any of these rules by employees without the specific
prior approval of the Deputy Minister, or designate as appropriate,
or in the case of a Deputy Minister or equivalent, the Clerk of
Executive Council, may be cause for disciplinary action.
F. SPECIFIC
PROVISIONS FOR THE DEPARTMENT/AGENCY/BOARD/ COMMISSION (if applicable)
While the guidelines mentioned in Section B should be sufficient
to protect against conflict of interest in the vast majority of
cases, Departments or agencies may feel the need to develop specific
conflict of interest guidelines of their own. These may be in response
to particular statutory requirements, specific operational requirements
or problems unique to a particular Department or agency.
In such cases, specific Departmental or agency guidelines may be
appended to the general guidelines under Section F. The addition
of such a guideline may only be done with the express approval of
the Department's Deputy Minister.
When a specific Departmental or agency guideline is approved, written
notice of it will be provided to all affected employees.
ADMINISTRATION
Questions concerning the interpretation, application or administration
of specific provisions under the Policy Guidelines should be addressed
to the Labour Relations Division, Treasury Board Secretariat.
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QUESTIONS AND ANSWERS
Following are a few answers to some of the most commonly asked
questions with regard to the guidelines. If you have any questions
which are not answered by this brochure, please contact your Departmental
Personnel Office.
QUESTION
What should I do if I am not sure whether I have a possible
conflict of interest?
ANSWER
First, discuss the situation with your manager. Your manager may
be able to determine whether the situation is a potential conflict
of interest and, if so, could advise you of steps to take to avoid
a conflict of interest with your duties.
If the situation cannot be resolved at the local level, you should
make a disclosure statement to the Deputy Minister, or other designated
manager, as provided in Section C of the guidelines. You can request
clarification of your situation and are entitled to be advised of
steps that you should take to avoid a conflict of interest with
your duties.
In short, whenever you are in doubt with regard to conflict of
interest, disclose the situation and seek advice.
QUESTION
How do I "disclose" an interest?
ANSWER
You should make disclosure statements in writing to the Deputy
Minister or other designated manager. If you are unsure as to how
to express yourself in a disclosure statement, talk it over with
your manager or the Departmental Personnel office, They may be able
to help you.
You may also approach your Union or Association representative
for assistance, if you wish.
QUESTION
How will I know if I should disclose an interest to someone
other than the Deputy Minister?
ANSWER
You will receive written notice from your Department as to the
proper authorities who will be responsible for receiving disclosure
statements.
QUESTION
Will the disclosure statements be treated confidentially?
ANSWER
Disclosure statements will be treated with strict confidentiality.
Conflict Of Interest Policy
(Amended June 1996)
Manitoba Civil Service Commission
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