318.1 Rules of Conduct for Public Officers and Public Employees (2-2-121 MCA)
All employees of Montana Tech are required to comply with the rules of conduct defined
in Montana Code Montana Code Annotated 2-2-121. This code covers allowed work,
lobbying, private use of equipment and facilities, and other areas where there is a
potential for conflict of interest for employees of the state of Montana.
318.2 Conflict of Interest Rules for Montana Tech Employees
These rules supplement those in Montana Code Annotated 2-2-121. Montana Tech and
its employees are committed to conducting themselves and their activities in accordance
with the highest standards of integrity and in compliance with state and federal ethics and
conflict of interest laws and regulations and with Montana University System Board of
Regents policies.
A conflict of interest occurs when there is a potential divergence between the employee’s
private interests and professional obligations to Montana Tech, such that an independent
observer might reasonably question whether the employee’s professional actions or
decisions could be influenced by considerations of personal gain (financial or otherwise).
Potential conflicts of interest that involve the employee, spouse, domestic partner and
dependent children must be disclosed as if they applied directly to the employee.
Examples of conflicts that must be disclosed include the following:
• Salary or other payment for services (e.g., consulting fees or honoraria) from any
business entity that exceeded $5,000 during the past 12 months.
• Equity interests (e.g., stocks, stock options, or other ownership interests) in
publicly traded entity valued in excess of $5,000 or greater than 5% ownership, or
a combination of stock and income from that entity that exceeds $5,000.
• Any ownership interest in a non-publicly traded entity (such as a start-up
company), regardless of its value.
• Any relationship with an entity that would be affected by the employee’s research,
or could be directly affected by a decision the employee participates in at Montana
Tech or involving Montana Tech funds.
• Income from intellectual property rights (e.g., patents, copyrights, and royalties)
paid by any source other than Montana Tech.
• Any travel which is paid for or reimbursed by another organization and which is
the disclosure requirement does not apply to travel that is reimbursed by a Federal,
State, or local government agency, or an institution of higher education.
• Service as an advisor, consultant, or in another capacity with a public or private
agency that grants money to Montana Tech’s eligibility for funds from that agency.
• Management or consulting position, board membership, or role as agent or
representative of or participant in the day-to-day operations of a commercial
enterprise active in field(s) related to the employee’s Montana Tech
responsibilities.
• Supervision and/or authority to influence the hiring, salary, promotion, retention,
or tenure or other employment benefits of an immediate family member or a close
business associate or employee of an entity in which the employee has an
ownership interest.
Disclosure. All employees working 0.5 FTE or greater must provide a written
certification and disclosure of conflicts of interest at least annually and updated
promptly whenever a new potential conflict arises. Faculty members, students, and
other employees working less than half time are exempt from submitting the
annual disclosure, but are required to comply with this policy and to make
disclosures of any potential conflicts of interest whenever they occur, or if they are
required by the sponsor of a project.
In addition:
1. No employee shall accept additional compensation for the same services that are
part of the employee's assigned duties.
2. No faculty member may receive compensation for tutoring students of the
Institution. A teaching assistant may not receive extra compensation for tutoring
students in any section of a course in which he/she has any responsibility.
3. Any employee who recommends or approves a purchase, and who has any
financial interest in the firm involved in the purchase, shall make this fact known at
the time. This requirement does not include textbook adoptions where the faculty
member is clearly identified as the author or editor of the book in question.
4. Any employee who recommends or approves a personnel action, and who has any
financial interest or business association with the person who is the object of
action, shall make this fact known at the time.
5. No employee may use or distribute information from unpublished institutional
research for the benefit of a consulting activity or a private client.
6. An employee may act in a supervisory relationship with the same student or staff
member within the Institution and in an external organization, but the work cannot
be done during the normal workday of his/her contract period.
Montana Tech’s Conflict of Interest policy for Contracts and Grants can be found is
available online.