Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
340:2-1-8. Employee ethics and other employment
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Revised 6-1-08

 

(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.   • 1
  • (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.   • 2
  • (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.   • 3

(b) Related employees.  Placement in a position that results in relatives 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.   • 4 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.  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;
  • (2) 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.

(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.   • 5  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 authorized representatives 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.   • 6

(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.   • 7

INSTRUCTIONS TO STAFF 340:2-1-8

Revised 6-1-08

 

1.  Oklahoma Department of Human Services (OKDHS) employees are encouraged to be constructive citizens of their local communities with their private activities conducted on personal time and kept separate from OKDHS working hours.  While employed by OKDHS, an employee may not engage in a business enterprise either as an administrator, investor, or operator that is subject directly or indirectly to the control, inspection, review, audit, licensing, or enforcement by OKDHS.  If, as a member of the board of directors, the employee, or his or her spouse, has a stake in the financial gains or losses in a business enterprise, membership is prohibited.

2.  If an employee wishes to engage in other employment or in a business enterprise or activity or changes secondary employment or other business activity while an employee of OKDHS, the employee submits, in advance, Form 11AD042E, Request for Approval of Other Employment, to the employee's immediate supervisor and local administrator.

3.   If there is an appearance of a conflict of interest or involvement with another state agency or a private agency contracting with OKDHS, final approval of Form 11AD042E is made by the appropriate senior administrator or division director.

4.   Senior administrative positions include, but are not limited to, division director, senior administrator, resource center administrator, deputy director, county director, business manager, institutional unit coordinator, programs coordinator, programs administrator, programs manager, programs supervisor, area director, and programs field representative.  Refer to OKDHS:2-1-3(b)(1)(D) for definition of senior administrator.  Questions regarding interpretation of this Section are submitted in writing to the division director, Human Resources Management Division (HRMD), who makes a determination as to applicability of coverage.

5.   Employees of OKDHS are expected to:

(1) respect the privacy of clients and hold in confidence all information obtained in the course of their duties, as required by law and OKDHS policy;

(2) make every effort to foster maximum self-determination on the part of clients;

(3) ensure that all judgments, decisions, and actions are taken in the best interest of the client;

(4) treat clients with dignity, respect, courtesy, fairness, and good faith;

(5) take responsibility for identifying, developing, and fully utilizing knowledge of their respective professions and adhere to professional codes of ethics and conduct that govern that profession;

(6) ensure that all contacts attempted or made with a client or relating to a client's case are recorded in the client case record, including contacts in person, by phone, or by written correspondence;

(7) maintain high standards of personal conduct in the capacity and identity as an OKDHS employee;

(8) comply with OKDHS policies and procedures governing client abuse, neglect, and mistreatment; and

(9) recognize the affect their recommendations and professional actions may have on the lives of clients, and ensure that personal, social, financial, political, or other inappropriate factors do not influence these actions or recommendations.

6. OKDHS employees are prohibited from:

(1) discriminating against employees or clients on the basis of race, gender, age, color, creed, national origin, religion, or disability and prohibited from engaging in sexual harassment.  Sexual harassment is defined as unwelcome sexual advances or requests for sexual favors or other unwelcome verbal or physical conduct of a sexual nature, which makes sexual favors a condition of employment, employment benefits, approval, or receipt of benefits, or which create a hostile or offensive working or service environment, even though there may be no economic detriment to the employee or client;

(2) allowing personal problems and conflicts to interfere with professional judgments and effectiveness.  Any employee who becomes aware that such personal problems or conflicts may adversely affect the provision of services to a client(s) immediately advises his or her supervisor so appropriate steps can be taken to ensure that client services are unaffected;

(3) taking any action that violates the legal and civil rights of clients or others who may be affected by their actions;

(4) initiating a discussion with, or lobbying clients on, issues unrelated to the provision of client services while engaged in official duties on behalf of OKDHS;

(5) using their position as an OKDHS employee to form a personal relationship with a client;

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

(A) taking clients on overnight visits or trips, unless such overnight outings have been officially arranged and sanctioned by OKDHS supervisory or administrative staff;

(B) extending or accepting social invitations from clients;

engaging in sexual intimacies with clients;

(D) engaging in or encouraging clients in illegal activities, including use or possession of illicit drugs or alcohol;

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

(F) making home visits or other client contacts on behalf of OKDHS outside normal working hours, unless specifically authorized by policy or appropriate supervisory personnel.

7.   (a) In the event an employee has a personal relationship off-duty with an individual whose case or OKDHS services are being administered by the immediate office or the program to which the employee is assigned, the employee promptly reports such relationship to his or her immediate supervisor.  The supervisor and higher-level management personnel determine whether it is appropriate for the employee to continue in that unit or be reassigned elsewhere.

      (b) It is the responsibility of the local administrator or designee to complete and dispose of the application or to assign a staff person from another office to complete the application.