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Conflict of Interest - How to deal with it

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Juan Posada Toro Customer Success Manager| Rockwell Automation Envigado, Antioquia, Colombia
When a personal relationship or activity collides with the best interests of the company, we are confronted with a conflict of interest. You should know how to recognize situations that could cause a conflict of interest and take the appropriate action. There are many interests that can create a conflict between your duty to the organization and your duty to the other person.

I recently received a call from a PM asking for advice. My colleague works for a small company and informed me that one of the partners was working closely with him in a high value deal. He received a gift card for $1,000 as a token of appreciation for his help on the deal. Since there is no code of conduct in my colleague's company, he didn’t know what to do and asked my advice. I told him that allowing conflicts of interest to influence his decision-making would damage his reputation for fairness and transparency and could create legal problems for the company.

What do you believe would be the the best course of action to follow, in this scenario?
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Ming Yeung Adjunct Professor & Acting COO/CPO/CRO (contract)| Blockchain Venture Capital Inc. Toronto, Ontario, Canada
A conflict of interest can be obvious/explicit or subtle/implicit. If one fails to recognize a conflict of interest, one could easily find oneself in a situation that damages one's your credibility, integrity, or reputation.
Merrian Webster (at www.m-w.com) defines the conflict of interest as a conflict between the private interests and the official responsibilities of a person in a position of trust, as outlined in this case.
Refer him to the PMI's Code of Ethics and Professional Conduct and Ethical Decision Making Framework as the aids to recognize, declare, report, and address this conflict where warranted.
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1 reply by Juan Posada Toro
May 05, 2023 8:50 AM
Juan Posada Toro
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Thanks for comment my dear Ming!
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Kiron Bondale Retired | Mentor| Retired Welland, Ontario, Canada
Juan -

Could you clarify if the gift was given by a partner who works within the same company or was it from an external company? If it was within the same company and there was no pending decision which your colleague was expected to make thereafter related to the deal, then I wouldn't see that as a conflict of interest, just a nice recognition gesture from the partner.

If the partner worked for a separate company OR your colleague was expected to make a decision at some later point in time related to the deal in question then that would likely be a conflict of interest.

Kiron
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1 reply by Juan Posada Toro
May 05, 2023 8:52 AM
Juan Posada Toro
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Hi Kiron, thanks for comment. Good question, in this context "Partner" is a "Business Partner". In other words, it's a separate company.
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Juan Posada Toro Customer Success Manager| Rockwell Automation Envigado, Antioquia, Colombia
May 04, 2023 11:49 PM
Replying to Ming Yeung
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A conflict of interest can be obvious/explicit or subtle/implicit. If one fails to recognize a conflict of interest, one could easily find oneself in a situation that damages one's your credibility, integrity, or reputation.
Merrian Webster (at www.m-w.com) defines the conflict of interest as a conflict between the private interests and the official responsibilities of a person in a position of trust, as outlined in this case.
Refer him to the PMI's Code of Ethics and Professional Conduct and Ethical Decision Making Framework as the aids to recognize, declare, report, and address this conflict where warranted.
Thanks for comment my dear Ming!
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Albert Agbemenu Managing Director| Seag Focus Ghana Ltd Accra, Ghana
Dear Juan,

There is a very thin line between what can be considered as a reward and what can be construed as conflict of interest. When confronted with a situation like this, the first question that comes to mind is, what did I do to deserve this gift from a particular person, in the first place? If it is coming from someone external but doing business with your organization then you definitely have to distance yourself from it because it clearly will put you in a conflict-of-interest situation. However, if that gift is coming from someone within your organization, who is superior to you and thinks you have performed diligently on an assignment and he or she decides to reward your effort, that is a completely different matter. In situations like this, your own conscience will even tell you whether it is right or wrong. You will know it. Any gift, no matter the quantum or form in which it comes, once it can be construed to have the potential of influencing your decision-making process, is definitely a conflict-of-interest situation.

If in doubt, refer to the Code.

My opinion on the subject.
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1 reply by Juan Posada Toro
May 05, 2023 5:56 PM
Juan Posada Toro
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Thanks for comment Albert. The point here, there is no code of conduct in my colleague's company.
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Juan Posada Toro Customer Success Manager| Rockwell Automation Envigado, Antioquia, Colombia
May 05, 2023 7:27 AM
Replying to Kiron Bondale
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Juan -

Could you clarify if the gift was given by a partner who works within the same company or was it from an external company? If it was within the same company and there was no pending decision which your colleague was expected to make thereafter related to the deal, then I wouldn't see that as a conflict of interest, just a nice recognition gesture from the partner.

If the partner worked for a separate company OR your colleague was expected to make a decision at some later point in time related to the deal in question then that would likely be a conflict of interest.

Kiron
Hi Kiron, thanks for comment. Good question, in this context "Partner" is a "Business Partner". In other words, it's a separate company.
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Abolfazl Yousefi Darestani Manager, Quality and Continuous Improvement| Hörmann-TNR Industrial Doors Newmarket, Ontario, Canada
I won't accept any gifts! No matter how much the value is.
If there is no way to reject or..., then you should disclose it to others.
This is what I do.
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1 reply by Juan Posada Toro
May 05, 2023 5:57 PM
Juan Posada Toro
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Thanks Abolfazl. Good to know your point of view and advice to my colleague.
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Bryan Shelby Retired| Retired and volunteering, having left "employment" behind! New York, Ny, United States
Juan, when I first read the post I thought that the partner offering the gift worked at the same organization as your colleague, in which case I would not have seen any immediate conflict of interest. However, if the internal partner then asked your colleague for special favors or worse, to bend the rules or misrepresent the project status, that would be a conflict and your colleague would be obliged to do the right thing for the project even if it meant returning the gift.
On the other hand, if the partner is external, i.e. at a client or potential client, then I would suggest that your colleague politely return the gift as a well-intentioned and much appreciated gesture (even if it isn't either one!), and explain that it might be misunderstood by others. The PM should also report the attempted gift to their immediate manager since this external partner may try this tactic with others at the organization. It might also be an opportunity to suggest that the organization, even if small, should develop and adopt a more formal code of ethics or process for handling external gifts -- they might even want to use the PMI Code of Ethics and Professional Conduct as a model!
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2 replies by Bryan Shelby and Juan Posada Toro
May 05, 2023 5:42 PM
Bryan Shelby
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It also strikes me that, under some circumstances -- for example, the external partner works for the local government either directly or as a contractor -- then depending on where the PM works or resides they may be legally required to report the gift. This would happen if the PM was operating under the US FCPA or the UK Bribery Act.
May 05, 2023 6:02 PM
Juan Posada Toro
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Thanks Bryan. It could be understood at "first read" as you mentioned, but in this case a "Partner" is referring to a "Business Partner". I mean, an external company/organization.
However, great to hear from you both perspectives. Really appreciate it.
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Bryan Shelby Retired| Retired and volunteering, having left "employment" behind! New York, Ny, United States
May 05, 2023 9:35 AM
Replying to Bryan Shelby
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Juan, when I first read the post I thought that the partner offering the gift worked at the same organization as your colleague, in which case I would not have seen any immediate conflict of interest. However, if the internal partner then asked your colleague for special favors or worse, to bend the rules or misrepresent the project status, that would be a conflict and your colleague would be obliged to do the right thing for the project even if it meant returning the gift.
On the other hand, if the partner is external, i.e. at a client or potential client, then I would suggest that your colleague politely return the gift as a well-intentioned and much appreciated gesture (even if it isn't either one!), and explain that it might be misunderstood by others. The PM should also report the attempted gift to their immediate manager since this external partner may try this tactic with others at the organization. It might also be an opportunity to suggest that the organization, even if small, should develop and adopt a more formal code of ethics or process for handling external gifts -- they might even want to use the PMI Code of Ethics and Professional Conduct as a model!
It also strikes me that, under some circumstances -- for example, the external partner works for the local government either directly or as a contractor -- then depending on where the PM works or resides they may be legally required to report the gift. This would happen if the PM was operating under the US FCPA or the UK Bribery Act.
avatar
Juan Posada Toro Customer Success Manager| Rockwell Automation Envigado, Antioquia, Colombia
May 05, 2023 8:51 AM
Replying to Albert Agbemenu
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Dear Juan,

There is a very thin line between what can be considered as a reward and what can be construed as conflict of interest. When confronted with a situation like this, the first question that comes to mind is, what did I do to deserve this gift from a particular person, in the first place? If it is coming from someone external but doing business with your organization then you definitely have to distance yourself from it because it clearly will put you in a conflict-of-interest situation. However, if that gift is coming from someone within your organization, who is superior to you and thinks you have performed diligently on an assignment and he or she decides to reward your effort, that is a completely different matter. In situations like this, your own conscience will even tell you whether it is right or wrong. You will know it. Any gift, no matter the quantum or form in which it comes, once it can be construed to have the potential of influencing your decision-making process, is definitely a conflict-of-interest situation.

If in doubt, refer to the Code.

My opinion on the subject.
Thanks for comment Albert. The point here, there is no code of conduct in my colleague's company.
avatar
Juan Posada Toro Customer Success Manager| Rockwell Automation Envigado, Antioquia, Colombia
May 05, 2023 9:10 AM
Replying to Abolfazl Yousefi Darestani
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I won't accept any gifts! No matter how much the value is.
If there is no way to reject or..., then you should disclose it to others.
This is what I do.
Thanks Abolfazl. Good to know your point of view and advice to my colleague.
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