Conflict of Interest

While the American Heritage Dictionary of the English Language defines conflict of interest simply as “conflict between the private interests and the public obligations of a person in an official position,” your CPG may wish to provide a more precise definition.

Conflict of interest occurs when:

• An appointed voting member of the CPG has a direct fiduciary interest (which includes ownership; employment; contractual; creditor, or consultative relationship to; or Board or staff membership) in an organization (including any such interest that existed at any time during the twelve months preceding her/his appointment), with which the CPG has a direct, financial and/or recognized relationship; and/or
• When a member of the CPG knowingly takes action or makes a statement intended to influence the conduct of the CPG in such a way as to confer any financial benefit on the member, family member(s), or on any organization in which s/he is an employee or has a significant interest.”

Review or Develop Conflict Of Interest Statements

Conflicts of interest often occur when CPG members who are advocates for particular groups take part in a process intended to meet the needs of many groups. For example, the executive director of a homeless youth organization is likely to push issues affecting homeless youth. While that is understandable (and even desirable in many cases), a CPG requires an objective process based on data. Your CPG members must consider how priority setting will affect all populations being considered. Although the executive director’s job depends on a commitment to the interests of homeless youth, this member must base his/her decisions on the epidemiologic profile and other data characterizing the jurisdiction’s HIV epidemic.

Conflicts of interest must not rule the group. They are not inherently bad, but if your group doesn’t deal with these openly, they may bias your process. To ensure a fair outcome, your group can take certain key steps to lessen the conflict of interest problem.

Your CPG already may have established some policies and mechanisms for addressing conflicts of interest. If so, refer to those before beginning the priority setting process. If your CPG has not developed such policies, you should do so before beginning the priority setting process. The policies take time to develop, but these will save much time later by limiting conflicts of interest. State and local laws often define conflict of interest. Contact your county or state attorney general’s office for a specific legal definition.

By reviewing or developing your CPG’s conflict of interest policies, your group can assure a fair process that includes diverse participants.

Key Steps to Avoid Conflicts of Interest

• Develop a definition of conflict of interest that all members accept and agree to abide by.
• Develop a policy stating how the CPG will deal with apparent conflicts of interest. This policy varies greatly from group to group. It includes everything from barring participation in any discussion and voting related to the conflict to allowing participation in the discussions but not in the voting. The key is agreeing upon a procedure for addressing conflicts of interest before any conflicts — real or perceived — arise.
• Create a process that enables all community planning members to disclose conflicts of interest to the CPG. It helps to have a process that includes a written form and to keep these forms accessible to all members. It also helps to have a specific group, committee, or individual be responsible for oversight of the disclosure process.
• Clarify in writing the consequences of not cooperating with the conflict of interest policy. CPG members should be fully aware of the gravity of violating the policy.