(A) (1) The policies of Town of Wilkesboro require that all business shall be transacted in compliance with all laws and shall be conducted in conformance to the highest ethical standards. The proper operation of government requires that public employees be independent, impartial, and responsible to the citizens, and that the public positions not be used for personal gain.
(2) Town of Wilkesboro's conflict of interest policy is established to set guidelines that meet or exceed the requirements under state law and local policy when procuring goods (apparatus, supplies, material, and equipment), services, and construction or repair project paid for in part or whole by federal funds and required under 2. CFR 200.318(c)(1).
(3) This policy applies when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects funded in part or whole with federal financial assistance (direct or reimbursed). This policy also applies to any sub-recipient of the funds.
(B) Conflict of interest defined.
(1) In addition to the prohibition against self-benefitting from a public contract under G.S. § 14-234, no officer, employee, or agent of the Town of Wilkesboro may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from a firm considered for award of a contract:
(a) The employee, Council member, officer, or agent involved in the selection, award, or administration of a contract or with knowledge of such contracts;
(b) Any member of his or her immediate family;
(c) His or her partner;
(d) Close friendships or confidants; or
(e) An organization which employs or is about to employ any of these parties.
(2) Any employee, Council member, officer, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with applicable federal awarding agency policy.
(3) The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including sub-recipients, of the requirements of this policy and any additional prohibitions or requirements.
(C) Gifts and favors.
(1) In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. § 133-32, officers, employees, and agents of the Town of Wilkesboro are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value valued at less than $25 which fall into one of the following categories may be accepted:
(a) Promotional items;
(b) Honorariums for participation in meetings; or
(c) Meals furnished at banquets.
(2) Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or her immediate supervisor. For the appearance of impartiality or favoring a brand or business, these promotional items (i.e. cups, mugs, shirts, hats, etc.) should not be used or worn at work.
(D) Benefit from confidential information. It is unethical and unlawful for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person, G.S. § 14-234.
(E) Violation. Employees violating this policy will be subject to discipline up to and including termination. Contractors violating this policy will result in termination of the contract and may not be eligible for future contract awards.
(Res. 2020-16, passed 8-3-2020)