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PDF of Official Policy

(Last updated January 2025)


I. BACKGROUND

The Regional Technical Forum (RTF), an advisory committee to the Northwest Power and Conservation Council (Council), seeks to maintain the utmost integrity and to promote accountability and transparency in all its operations. In doing so, the RTF works to avoid conflicts of interest and appearances of conflicts, and to promptly identify and address actions potentially giving rise to conflicts of interest.

This Policy applies to RTF Voting Members, RTF staff, including Council staff and RTF contract staff, and RTF Operations Subcommittee members (“Covered Party” or “Covered Parties”).

This Policy is designed to help Covered Parties identify and manage conflicts of interests. This Policy supplements, but does not replace, any federal or state laws governing conflicts of interest applicable to Covered Parties.


II. POLICY

It is the policy of the RTF that a Covered Party shall not participate in any RTF Transaction in which the Covered Party has a financial interest. Such participation shall constitute a conflict of interest.

To have a “financial interest” in an RTF Transaction, the RTF Transaction must have a direct effect on the financial interest of the Covered Party. The term financial interest is limited to business and pecuniary gains or losses, no matter the amount.


An “RTF Transaction” is:

  1. An RTF discussion or vote on a contract for performance of services for the RTF.
  2. An RTF discussion or vote on contractor qualifications or review of proposals.
  3. An RTF vote with respect to any of any of the following:
    1. Costs and savings of conservation measures
    2. Technical recommendations on standardized protocols for verification and evaluation of energy savings
    3. Savings calculation methodologies
    4. Measure technical specifications
    5. Measure life
    6. Adoption of a published report, database, work plan, scope of work, finding, research recommendation or request for proposals

It is also the policy of the RTF that Covered Parties should not participate in any RTF Transaction in which there is an appearance of a conflict of interest. An appearance of a conflict of interest occurs when a Covered Party has a relationship to an RTF Transaction such that a reasonable person, with knowledge of the relevant facts, could call into question the Covered Party’s impartiality with respect to the transaction.

The financial interests of the following will be imputed to a Covered Party as if it were their own: spouse; domestic partner; immediate family; member of household; an organization or entity for which a covered party serves as officer, director, trustee, general partner or holds an ownership interest in; a person or organization with whom a Covered Party is negotiating for or has an arrangement concerning prospective employment.


EXCLUSIONS

A conflict of interest does not arise solely by virtue of an existing employment or other existing business relationship with an entity that funds the RTF.

Covered Parties may be employed by utilities, regulate utilities, or make recommendations to

utilities. Covered Parties’ participation in the ordinary course of RTF business may have a financial impact on utilities they are employed by, regulate or make recommendations to without creating a conflict of interest. A Covered Party’s participation in the RTF Transaction will not constitute a conflict of interest under this Policy so long as any financial impacts of an RTF Transaction accrue to utilities generally and not to the Covered Party specifically or to any interest imputed to the Covered Party. This exclusion does not apply to situations where the RTF discusses a specific contract or proposal to enter into a contract with a utility. In that situation, a Covered Party who is employed by that utility may have an actual conflict or an appearance of conflict of interest.


EXAMPLES

The following examples illustrate the application of this policy. This list of examples is not exhaustive.


A conflict of interest occurs when:

  • A Covered Party is a party to a contract with the RTF;
  • A Covered Party has a financial interest in an entity that has or seeks a business relationship with the RTF;
  • A Covered party will receive incentive pay or a bonus as a result of his/her participation in a particular RTF Transaction; or
  • A Covered Party accepts any gift or entertainment with a value over $50 from an individual or entity involved in an RTF Transaction with the RTF.


An appearance of conflict of interest occurs when:

  • A Covered Party has an employment relationship with an entity that has or seeks a business relationship with the RTF


III. PROCEDURE


DISCLOSURE REQUIRED

Prior to any discussion related to an RTF Transaction, a Covered Party must disclose to Voting Members present at the meeting, the material facts pertaining to a conflict of interest or an appearance of a conflict.

If a Covered Party is unclear whether a particular situation gives rise to a conflict of interest or constitutes an appearance of conflict of interest, the Covered Party must disclose the material facts of the situation to the RTF Chair or the Chair’s designee. The Chair or designee shall determine whether a conflict of interest or appearance of conflict of interest exists. The Chair

may delegate this decision to a vote of the Members not involved in the potential conflict but only if the Covered Party consents to the disclosure of the material facts. If the Covered Party does not agree to such disclosure, the Chair or the Chair’s designee shall determine whether an actual conflict or appearance of conflict of interest exists.


EFFECTS OF DISCLOSURE

  1. Covered Parties with a conflict of interest must not participate in the RTF Transaction. Covered Parties with an appearance of conflict of interest should not participate in the RTF Transaction.
  2. A Covered Party with a conflict of interest or with an appearance of a conflict of interest shall not attempt to exert his or her personal influence regarding the RTF Transaction at any time.
  3. A Covered Party’s non-participation in a vote due to a conflict of interest or an appearance of a conflict of interest shall be reflected in the minutes of the meeting as an abstention.
  4. The material facts disclosed about the conflict of interest or appearance of conflict of interest shall be recorded in the meeting minutes.


IV. REVIEW OF POLICY AND DISCLOSURE FORMS

The RTF shall review this Policy no less than every five years, or as necessary. When appointed and each year thereafter, Covered Parties shall review this Policy and acknowledge in writing that he or she has done so.

Covered Parties shall complete a disclosure form when appointed and each year thereafter identifying: (i) their employer and position along with the employer and position held by any spouse, domestic partner, immediate family members, and member of household; (ii) any existing employment or business relationship with an organization or entity doing work for the RTF; and (iii) any RTF Transaction in which the Covered Party, a spouse, a domestic partner, immediate family member or member of household is involved in that could constitute or give rise to a conflict of interest or an appearance of a conflict of interest.

Such disclosure forms shall be confidential and shall be made available only to the Council’s legal division to review and to the RTF Chair, as necessary, to implement this Policy. The Council’s legal division will work with the Covered Party to resolve any actual conflicts of interest and any appearances of a conflict of interest. If it is determined that a conflict of interest or appearance of a conflict of interest exists, the confidential nature of the disclosure form shall not limit the recording of material facts pertaining to a conflict of interest or appearance of a conflict of interest in meeting minutes, pursuant to this Policy. Covered Parties have an ongoing obligation throughout their term of service to keep their disclosure form current.