Okla. Admin. Code § 340:2-1-8

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-1-8 - Employee ethics duties, conduct and secondary employment

(a)Employee duties and conduct, secondary employment, prohibition against use of position for personal gain, impartiality, and avoidance of conflicts of interest. All Oklahoma Human Services (OKDHS) employees are subject to appropriate corrective or disciplinary action if the employee fails to comply with this provision, the Ethics Rules, per Title 74 of the Oklahoma Statutes, or any other statute or regulation regarding employee ethics, duties, and conduct, including but not limited to Section 840-2.8 of Title 74 of the Oklahoma Statutes (74 O.S. § 840-2.8), Oklahoma Administrative Code (OAC) 260:25-11-91, and OAC 260:130-19-50.

(b)Work hours. During work hours, every employee devotes full time and attention to OKDHS business. An employee may not use:

(1) work hours for private gain, including but not limited to, activities involved in a business enterprise, secondary employment, or self-employment; nor

(2) paid work time, state offices, phones, supplies, and or equipment to further the programs or activities of private, non-profit organizations, even when the private organization's objectives 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, such as 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.

(c)Conflicts of interest and impartiality. An OKDHS employee avoids actual and perceived conflicts of interest. An OKDHS employee must inform his or her supervisors about, and be recused from, participation in any matter that would reasonably bring the employee's impartiality into question. Employees, specifically including local administrators or higher, and other decision makers, are strongly encouraged to consult with Legal Services for advice on determining any potential conflict of interest or impartiality concern. OKDHS has the sole authority to make conflicts of interest and impartiality determinations, and there is not a right to appeal or further contest such determinations.

(d)Secondary employment. An employee may accept other employment outside of his or her OKDHS regular work hours, provided such employment is approved in advance and does not create a conflict of interest, whether actual or perceived, regarding work for OKDHS.

(1) If the requested secondary employment does not create a conflict of interest, prior written approval is needed from both the immediate supervisor and local administrator or regional deputy director.

(2) If the requested secondary employment creates a conflict of interest, prior written approval is needed from all the following:

(A) immediate supervisor;

(B) local administrator or regional deputy director; and

(C) division director or higher senior administrator. The senior administrator is either the OKDHS Director or deputy director.

(3) An OKDHS employee may not be employed by another governmental agency or entity, any provider or vendor contracting with OKDHS, or any entity licensed or regulated by OKDHS without the prior written approval of the employee's division director or a senior administrator.

(e)Related employees. Placement in a position that results in relatives, members of the same household, or comparably situated persons occupying positions within the same division must be approved in writing by the OKDHS Director. OKDHS may make placements and work assignments of personnel as necessary to eliminate or prevent situations of this nature.

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, or foster relationship. 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;

(2) placement in a position, as a second level reviewing supervisor, within a relative's line of authority or chain of command; or

(3) two or more relatives reporting to the same immediate supervisor.

(f)Processing applications for OKDHS benefits or services for an employee's relatives, persons living in the employee's home, or any other person with whom the employee has a personal relationship. Employees perform their duties in a manner that maintains impartiality, per subsection (c) of this Section.

(1) An employee may not:

(A) process, certify, or approve an application for benefits, payments, or services for any:

(i) relative as defined in subsection (e) of this Section;

(ii) unrelated person living in the employee's household. This includes a relationship to a relative that is terminated by death, divorce, or other reasons; or

(iii) person with whom the employee has an existing off-duty personal relationship; 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 is made that no one else is available to serve.

(2) In offices with limited staff, it may be necessary for an employee to take an application for a person(s) listed in subsection (f)(1) of this Section; however, he or she cannot certify the person(s) for benefits, payments, or services.

(g)Client relationships. OKDHS employees assist clients in developing independence and self-sufficiency while recognizing their rights. A client is defined as a program applicant, recipient, patient, and any other person receiving or making application for OKDHS services. Clients' rights 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. OKDHS employees are prohibited from:

(A) using their positions to form personal relationships with clients;

(B) exploiting the trust and dependency of clients or engaging in any activity that is, or is perceived to be, an exploitation of the client relationship. Examples of prohibited activities include, but are not limited to:

(i) taking clients on overnight trips, unless such overnight outings are officially arranged and authorized by OKDHS supervisory or administrative staff;

(ii) extending or accepting social invitations to or from clients;

(iii) engaging in sexual intimacies with clients;

(iv) encouraging clients to engage in illegal activities, including use or possession of illicit drugs;

(v) giving or accepting gifts from clients, or exchanging or suggesting the exchange of any goods or services of value, unless specifically authorized by rules or appropriate supervisory personnel; or

(vi) making home visits or other client contacts outside the scope of employment and job duties; and

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

(5) freedom from harassment, including sexual harassment; and

(6) freedom from interference by OKDHS employees regarding matters of individual belief or faith.

Okla. Admin. Code § 340:2-1-8

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

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024