CONTROL OF CONFLICTS OF INTEREST IN HIGHWAY CONSTRUCTION CONTRACT ADMINISTRATION

The morality issue in government is discussed, and the evolution of the definition of "conflict of interests" is traced. The various aspects of bribery and related crimes are reviewed, and the scope of regulatory legislation, the nature of the interests prohibited by law, statutory exceptions, and penalties and civil remedies related to the conflict of interest in public contracts are examined. Prohibited practices are discussed, as well as the disclosure of financial interests and official misconduct. From common law origins dealing chiefly with bribery of judicial officers, state legislation has extended the scope of these laws to reach all types of governmental functions and classes of public officers and employees, and has enlarged their purpose to include prevention as well as punishment of unlawful conflicts. Contemporary conflict of interest law is an outgrowth of the increasing trend to bring governmental and private sector activities closer together. Numerous investigations of this problem by executive and legislative bodies including a thorough inquiry by the House Special Subcommittee into the Federal-Aid Highway Program, documented these conflicts, and indicated the direction in which corrective and preventive measures should be sought. Much of the present body of conflict of interest law applicable to the award and administration of highway contracts is in response to these investigations.

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Filing Info

  • Accession Number: 00178351
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 14 1978 12:00AM