Misuse of Official Position

00:18 

"Misuse of Official Position" has some very similar aspects to the topic of "Improper Influence in Grants, Contracts, Leases and Loans" which we already talked about.

The Grants, Contracts, Leases and Loans statute is narrower in the sense that it only deals with Grants, Contracts, Leases and Loan whereas Misuse of Official Position statute talks about any kind of matter, not just one of those four.

But the Grants, Contracts, Leases and Loans statute is also a little broader in that it prohibits me from holding a specific UA position affecting a personal or financial interest in a particular grant, contract, lease or loan. Whereas with respect to Misuse of Official Position, it tells me rules that I have to abide by, things that I cannot reach out and try to do, but it wouldn't make me leave that particular position with the university.

01:24

An example: It's best to think of Grants, Contracts, Leases and Loans in terms of nepotism. If my son and I are both working for the same unit, then he cannot be my supervisor no matter how careful he's being to treat me the same as all his other direct reports. That's just a rule, period, that he cannot be in that position.

01:49

How is the Misuse of Official Position statute different?

There's a general rule that we may not use or attempt to use our official positions for personal gain, and may not secure or grant unwarranted benefits or treatment for any person.

And that is followed by six specific prohibitions.

The sixth needs its own chat as that deals with Partisan Political Activity which can take some time to cover.

02:14

Number one is we cannot seek other employment or contracts through the use or attempted use of our official position.

What you cannot do is to use your official position to provide somebody with any favors in order to get that job offer as a quid pro quo.

02:53

Example, implying that a letter of reference is tied to whether or not a position is open.

It's okay for me to write letters of recommendation, and it's okay for me to inquire about job openings, but once I link those two together and imply that how the letter comes out might depend on whether I got a job offer that's prohibited.

Similarly,  if I'm steering University business towards a company with an understanding that they'll hire me after I leave the university, that's prohibited.

03:51

Two, a UA employee cannot accept receive or solicit compensation for the performance of official UA duties or responsibilities from anybody else other than the University.

That could include a $5 tip - or any compensation. Don't accept anything of value offered as compensation for your University work.

04:29

They can make a contribution to the university, but not to me as an individual.

04:33

What if I'm being compensated for work that I did for another employer and not the University?

As long as you disclose that as an Outside Activity, and got that approved, you're OK. That's why it's important that outside activity occurs away from regular UA work time.

05:05

The third one is a UA employee cannot use UA time, property, equipment, or other facilities to benefit personal or financial interests.

Example: using UA vehicle on the weekend.

It applies to any significant property.

06:00

The fourth, an employee cannot take or withhold official action in order to affect a manner in which the public officer has a personal or financial interest.

That is one point of difference between this statute and the Grants, Contracts, Leases, Loans statute

If the matter in which you have an interest does not concern a grant, contract, lease, or loan, then your job can still include duties concerning that matter as long as you were very careful to individually avoid taking or withholding action anytime that matter comes up.

06:50

Remember the definition of official action is very broad and can include any involvement advice, assistance or recommendation.

So that broad definition of "official action" means that we have to be very careful.

07:40

The fifth one is, we cannot attempt to benefit a personal or financial interest through coercion of a subordinate, or require another University employee to perform services for our private benefit at any time.

07:56

Example my employees have offered to help me stain my deck, is that ok? What if I pay them?

If it's truly voluntary on their part, there's no violation. But if you bring it up as their supervisor it may be received as a thinly veiled requirement.

So if you need help it should be from someone other than your subordinate.

Regarding compensation, the rule still applies, though paying them does make it seem less likely that you are coercing them, or are requiring them since they could say no more readily.

09:30

What if the helpers are students?

You should apply the same rule as to any student over whom you have any kind of authority.

There isn't a specific definition of subordinates in the statute, but we don't want UA employees to be trying to coerce students any more than we want them to be trying to coerce direct reports.

If you have ideas for future compliance chats, please email them to ua-compliance@alaska.edu.