Conflict of Interest Requirements Under NAHASDA
The conflict of interest requirements under the Native American Housing Assistance and Self-Determination Act (NAHASDA) presented by Christine Dennis of Tribal Consulting Resources. This presentation covers both the general rules for conflict of interest and specific regulations under NAHASDA.
- conflict of interest
- NAHASDA
- requirements
- procurement
- admissions
- occupancy
- written standards
- immediate family
- financial interest
- disciplinary actions
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Presentation Transcript
Conflict of Interest Requirements Conflict of Interest Requirements Under NAHASDA Under NAHASDA Presented by: Christine Dennis www.tribalconsultingresourcespllc.com christinedennis427@gmail.com Presented By: www.TribalConsultingResources.com
Rules for Conflict of Interest Rules for Conflict of Interest 2 CFR 200.318(c)(1) covers conflict of interest in procurement 24 CFR 1000.30 addresses all conflict of interest issues, including admissions and occupancy. The above standards apply only to grant funds Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent must participate 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. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non- Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) What does that mean? You MUST have written procedures stating what to do if there is a conflict of interest in the selection, award, and administration of contracts You must define the immediate family that would be included as a conflict of interest You must have a way to notify others of a conflict or a potential conflict and how it will be addressed You know it s going to happen, so have a plan up front. Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) Conflict would arise when an employee, board member, council person or a member of their immediate family has a financial interest or other benefit from the firm considered for contract. Conflict would also arise if the firm considered for contract employs or is about to employ one of the people listed above. If it appears to be a conflict, you should treat it as a conflict Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) Tribal employees, board members, and council members may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or subcontractors. Tribe/TDHE may establish a maximum amount for gifts that are not significant or the gift is an unsolicited item of nominal value Amount established is usually $20/gift or up to $50 in total per year from the same source. Presented By: www.TribalConsultingResources.com
2 CFR 200.318(c)(1) 2 CFR 200.318(c)(1) Standards of conduct MUST include disciplinary action for any violations of the conflict of interest standards Wording in most policies is up to and including termination . Presented By: www.TribalConsultingResources.com
24 CFR 1000.30 b 24 CFR 1000.30 b- -c c (b) Conflicts prohibited. No person who participates in the decision- making process or who gains inside information with regard to NAHASDA assisted activities may obtain a personal or financial interest or benefit from such activities, except for the use of NAHASDA funds to pay salaries or other related administrative costs. Such persons include anyone with an interest in any contract, subcontract or agreement or proceeds thereunder, either for themselves or others with whom they have business or immediate family ties. Immediate family ties are determined by the Indian tribe or TDHE in its operating policies. Presented By: www.TribalConsultingResources.com
24 CFR 1000.30 b 24 CFR 1000.30 b- -c c (c) The conflict of interest provision does not apply in instances where a person who might otherwise be included under the conflict provision is low-income and is selected for assistance in accordance with the recipient's written policies for eligibility, admission and occupancy of families for housing assistance with IHBG funds, provided that there is no conflict of interest under applicable tribal or state law. The recipient must make a public disclosure of the nature of assistance to be provided and the specific basis for the selection of the person. The recipient shall provide the appropriate Area ONAP with a copy of the disclosure before the assistance is provided to the person. Presented By: www.TribalConsultingResources.com
24 CFR 1000.30 24 CFR 1000.30 Adds provision that anyone who participates in the decision making process or has inside information with regard to NAHASDA may obtain a financial benefit or personal interest. Decision makers can include anyone making a decision on procurement, admissions, occupancy, eligibility, or maintenance who has an immediate family tie to the business or the individual receiving assistance or other benefits Does NOT include salary paid by NAHASDA Presented By: www.TribalConsultingResources.com
24 CFR 1000.30 24 CFR 1000.30 Conflict of interest does not apply if someone is low income and eligible under the written policies of the tribe In that case, a public disclosure will be made and ONAP will be notified. Public disclosure should include reason the person is eligible, why there might be a conflict, and the program under which they will receive assistance. Names should NOT be included on the public disclosure form Presented By: www.TribalConsultingResources.com
Sample Public Disclosure Form Sample Public Disclosure Form PUBLIC DISCLOSURE NOTICE (Italics show possible answers) In accordance with 24 CFR 1000.30, the following public disclosure is made in accordance with the Housing Authority of the MY TRIBE s Conflict of Interest Policy: To: Tribal Members of MY TRIBE Date: Today s date Re: Potential conflict of interest Presented By: www.TribalConsultingResources.com
Sample Public Disclosure Form Sample Public Disclosure Form Staff : Immediate family member of the executive director Board: Council: The above has applied and has been determined eligible for services. The nature and basis of the assistance to be provided is as follows: Rental Assistance Presented By: www.TribalConsultingResources.com
Sample ONAP Disclosure Sample ONAP Disclosure Notification of Potential or Appearance of Conflict of Interest To: Regional Office of Native American Programs From: Housing Authority of the MY TRIBE Date: Today s Date Regarding the following applicant: Susie Councilman s Sister Presented By: www.TribalConsultingResources.com
Sample ONAP Disclosure Sample ONAP Disclosure Per 24 CFR 1000.30 and the Housing Authority of the MY TRIBE s Conflict of Interest Policy, this is to notify your office that the applicant named above will be provided assistance through the Housing Authority of the MY TRIBE program: This person is considered a potential conflict of interest for the following reason: ___ Employee of the Housing Authority of the MY TRIBE ___Member of the Board of Commissioners for the Housing Authority of the MY TRIBE ___Member of the Tribal Council of the MY TRIBE ___Immediate family member of Housing Authority of the MY TRIBE staff ___Immediate family member of a Board of Commissioners member of the Housing Authority of the MY TRIBE XX Immediate family member of a Tribal Council Member of the MY TRIBE Presented By: www.TribalConsultingResources.com
Summary Summary Conflict of interest information is included in both 2 CFR 200.318 and 24 CFR 1000.30. You are required to comply with the regulations in both sections Tribe/TDHE defines immediate family and determines the procedures to comply with those requirements If a person who would qualify as a low income eligible participant under the written policies, that person will still be eligible for the program In the above case, public disclosure and ONAP disclosure are required Presented By: www.TribalConsultingResources.com
