Ch 13. CONFLICT OF INTEREST POLICY IN IHBG HOUSING ASSISTANCE
- 1. APPLICATION OF REQUIREMENTS
- 2. APPLYING THE CONFLICT-OF-INTEREST REQUIREMENTS
- 3. EXCEPTIONS TO THE REQUIREMENTS
- 4. Conflict of Interest in the Use of LNHA Construction, Maintenance or Repair Services and/or Resources by LNHA Staff, Board Members, and/or Family Members
- 5. Conflict of Interest in Past Admissions
Ch 13 Outline
1. APPLICATION OF REQUIREMENTS
The following conflict of interest provisions apply to (i) the use of LNHA construction, maintenance or repair services or resources by LNHA staff, board members, and/or their family members who are receiving LNHA housing benefits; and (ii) anyone who participates in the LNHA’s decision-making process or who gains inside information with regard to the IHBG (Indian Housing Block Grant) assisted activities. Such individuals would be, but are not necessarily limited to LNHA housing staff, LNHA or tribal board members, members of their immediate families, and such individuals’ business associates. The decision-makers at LNHA with regards to admissions to IHBG built or assisted housing include: the Board of Commissioners, the Executive Director, and the management staff.
The Lummi Nation Housing Authority Conflict of Interest in Housing Assistance requirements prohibit any such individuals from benefiting from their position personally, financially, or through the receipt of special benefits other than payment of their salary and/or appropriate administrative expenses. This does not prevent LNHA staff, board members, their family members and/or business associates from receiving housing benefits for which they qualify as low-income individuals.
2. APPLYING THE CONFLICT-OF-INTEREST REQUIREMENTS
In order to effectively comply with the conflict-of-interest requirements, the following procedures apply in determining when a conflict of interest exists, reporting the conflict to HUD, and disclosing it to the public as required by the regulations:
A. When a Conflict Exists
Applicants for admission to IHBG built or assisted housing must disclose on their application for admission any personal, family or business relationship with any member of the LNHA Board of Commissioners, the LNHA Executive Director, or the LNHA Management Staff.
B. Verifying the Possible Conflict of Interest
The Lummi Nation Housing Authority will maintain a list of persons having any personal, family or business relationship with any member of the LNHA Board of Commissioners, the LNHA Executive Director, or the LNHA Management Staff.
C. Reporting the Conflict to HUD
If LNHA admits an individual with any personal, family or business relationship with any member of the LNHA Board of Commissioners, the LNHA Executive Director, or the LNHA Management Staff to housing benefits for which he or she qualifies as low-income individuals, the Executive Director or designee will immediately report the potential conflict of interest to HUD via U.S. mail and email.
D. Disclosing the Conflict of Interest
The Executive Director or designee will immediately notify the public regarding the potential conflict of interest via written notification and/or posting of information to:
- The Lummi Nation Executive Office;
- The LNHA public information venues, including the LNHA offices, website, and other news outlets such as newsletters.
3. EXCEPTIONS TO THE REQUIREMENTS
Exceptions may be made to the conflict-of-interest provisions. HUD approval must be obtained through the LNHA’s local HUD ONAP office before providing benefits to any individual as an exception to Section 1000.30(b).
A. Exceptions
Exceptions will be considered on a case-by-case basis and when making the exception can be shown to further the primary objective of NAHASDA and the effective and efficient implementation of the LNHA’s program, activity, or project.
B. Public Disclosure
Before any exception may be granted, a public disclosure of the conflict must also be made and a determination that the exception would not violate tribal or any applicable state laws on conflict of interest.
C. Period of Record Retention
All records relating to exceptions made to the conflict-of-interest provisions must be maintained for at least three (3) years after the exception has been granted.
D. Persons Qualified for Assistance
Low-income individuals to whom the conflict-of-interest provisions would normally apply (e.g., housing staff and board members), but who qualify for assistance under LNHA’s written policies for eligibility, admission and occupancy do not fall under the category of an “exception” and HUD approval is not required to provide them with the assistance for which they qualify. However, LNHA must make a public disclosure of the nature of the assistance to be provided such individuals and the specific basis for the selection of the person. LNHA must also provide HUD with a copy of the disclosure before the assistance is provided to the person.
4. Conflict of Interest in the Use of LNHA Construction, Maintenance or Repair Services and/or Resources by LNHA Staff, Board Members, and/or Family Members
It shall be a conflict of interest for any LNHA staff, board member, and/or their family members who are receiving LNHA housing benefits to use, at any time, any LNHA construction, maintenance, or repair services and/or resources for his/her personal, non-work-related benefit.
5. Conflict of Interest in Past Admissions
This Conflict-of-Interest Policy in IHBG Housing Admissions was adopted on the date duly noted in LNHA’s approving Resolution. Any conflict of interest for participants previously admitted and/or known to exist under NAHASDA that have not been properly reported are required to be reported to HUD. LNHA should take necessary action immediately to make these conflicts of interest public and report them to HUD.