Conflict of Interest Policy

The State Workforce Innovation Board (SWIB) recognizes its responsibility to ensure that its members conduct themselves in an unbiased manner and serve the goals established for Montana's workforce system. It is the responsibility of the State Board to guard against conflicts of interest that might compromise its integrity and objectivity. Neither membership on the State Board nor receipt of WIOA funds to provide training and related services violate the conflict of interest provisions provided a member does not vote on any matter relating to that interest.

This policy outlines the SWIB's approach to identifying and evaluating potential conflicts of interest and assisting its members in addressing those issues proactively to avoid a breach of trust. The policy of the SWIB provides members a means to avoid a conflict, or the appearance of conflict, between their financial or other personal interests and the goals and policies of the Board. If a SWIB member's vote leads to any form of immediate direct financial or personal gain for that member, his or her family, or the entity he or she represents that is a conflict of interest.

The term conflict of interest refers specifically to situations in which financial or other personal considerations may compromise, or may appear to compromise, the decisions made by a SWIB member. A conflict of interest is material if an ordinary person takes it into account when making a decision. Only material conflicts of interest are within the scope of this policy. SWIB members must ensure the integrity of their pursuits by taking steps to avoid a conflict of interest or the appearance of a conflict of interest. Because the complexity and diversity of personal and business relationships may be extensive and the perception of a conflict of interest may vary from one individual to another, the most effective means to address a conflict of interest is to establish a system under which SWIB members disclose potential material conflicts before taking official board action. If a member has a conflict of interest, he or she may not vote on any matter relating to that interest or otherwise use their influence to benefit themselves or any family member.

Identification of conflict of interest is not a simple task. 

The following is a partial list of activities or actions that create a material conflict of interest that should be managed appropriately:

1. Consulting activities on behalf of the SWIB; and/or
   b. The purchase of goods or services from businesses in which the SWIB member, or his or her family, has a financial interest; or as a result of such purchase, may directly benefit; and/or
2. Receipt of gifts, gratuities, loans, or special favors (including trips or speaker's fees) from those involved in the State workforce system; and/or
3. Holding of an ownership interest by the Board member or the member's family in any real or personal property leased or purchased by the Board; and/or
4. Receipt, directly to the Board member of cash, services, or equipment provided for the Board member's support of workforce issues. Use of information received as a Board member for personal purposes; and/or
5. Activities that are in violation of federal, state, or local law, including the offering or acceptance of a bribe or kickback, are strictly prohibited; and/or

Disclosure of a Board member's conflict of interest must be presented in writing to the State Board.

SWIB Conflict of Interest Form