SECTION 340:2-1-8. Employee ethics and other employment

(a)   Other employment, prohibition against use of position for personal gain, and avoidance of conflicts of interest. An employee is subject to appropriate corrective or disciplinary action if the employee fails to comply with the Rules of the Ethics Commission. [74 O. S. Ch. 62]

(1)   Under these provisions, every employee must, during office hours, devote full time and attention, to Oklahoma Department of Human Services (OKDHS) business. An employee may not use:

(A)   office hours for private gain, including activities involved in a business enterprise, such as livestock or crop farming, sale of real estate, or other business which involves self-employment; nor

(B)   paid time, state offices, telephones, supplies, and equipment to further the programs or activities of private, non-profit organizations, even when the objectives of the private organization are compatible with those of OKDHS. Exceptions may occur as authorized by the division director and only for activities in which OKDHS can legitimately expend agency dollars, for example, when OKDHS is a member of an organization or in situations where OKDHS has responsibility as a member of a board or commission by law or by appointment of the executive or legislative branch of government.

(2)   An employee may accept other employment outside of the employee's OKDHS regular office hours provided such employment is approved in advance and does not interfere with or is not in conflict with the employee's work within OKDHS.

(3)   It is vitally important that an OKDHS employee avoid actual and perceived conflicts of interest in activities, such as employment with a provider who contracts with OKDHS. The employment or other activities of a spouse or other close family member may create the appearance of a conflict of interest and cause members of the general public to question the objectivity of OKDHS decision-making.

(4)   An OKDHS employee may not be employed by another state agency or any provider contracting with OKDHS without the prior written approval of the employee's division director.

(b)   Related employees. Placement in a position that results in relatives, members of the same household, or comparably situated persons occupying positions within a division, office, facility, or area where one relative occupies a senior administrative position must be approved in writing by the OKDHS Director or designee. OKDHS reserves the right to make placements and work assignments of personnel as necessary to eliminate or prevent situations of this nature. OKDHS policy prohibits, unless waived by the OKDHS Director or designee, the employment of any person in a position that results in:

(1)   immediate supervision by a relative, a member of the employee's household, or a comparably situated person. Relative is defined as spouse, child, parent, stepparent, parent-in-law, grandchild, grandparent, brother, sister, stepchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, first cousin, a member of the employee's household, or comparably situated persons, or foster relationship;

(2)   as defined in (b)(1) of this Section, placement in a position within a relative's line of authority or chain of command; or

(3)   two or more relatives reporting to the same immediate supervisor, as defined in (b)(1) of this Section.

(c)   Processing applications for OKDHS benefits or services on behalf of an employee's relative or for persons living in the employee's home. In performing their official duties, employees are impartial and perform their duties in a manner that maintains impartiality. Employees who engage in improper client relationships, as referenced in this Section, are subject to appropriate corrective or disciplinary action.

(1)   An employee may not:

(A)   process, certify, or approve an application for benefits, payments, or services for any relative as defined in subsection (b) of this Section, or for any unrelated person living in the employee's household. This includes a relationship to a relative that has been terminated by death, divorce, or other reasons; nor

(B)   act as an authorized representative for clients receiving OKDHS program benefits without the specific written approval of the local administrator after a determination has been made that no one else is available to serve.

(2)   In those offices with limited staff, it may be necessary for an employee to take an application for a person(s) listed in subsection (b) of this Section. The employee cannot certify the person(s) for benefits, payments, or services.

(d)   Client relationships. In keeping with the mission of OKDHS to serve and protect clients, OKDHS employees assist clients in developing independence and self-sufficiency while recognizing their rights. A client is defined as a program applicant, recipient, patient, resident of an OKDHS facility, and any other person receiving or making application for OKDHS services. Rights of clients include, but are not limited to:

(1)   privacy and the expectation that information obtained by OKDHS employees in the course of their duties is held confidential;

(2)   treatment that conveys dignity, respect, courtesy, fairness, and good faith;

(3)   expectation of high standards of personal conduct from OKDHS employees;

(4)   freedom from discrimination on the basis of race, gender, age, color, creed, national origin, religion, or disability;

(5)   freedom from sexual harassment;

(6)   freedom from coercion to give gifts or services of value; and

(7)   freedom from interference by OKDHS employees with regard to matters of individual belief or faith.

[Source: Added at 22 Ok Reg 1173, eff 6-1-05; Amended at 25 Ok Reg 1292, eff 6-1-08; Amended at 29 Ok Reg 1224, eff 7-1-12]