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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018

To: 
Child Nutrition Programs
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Sunday, November 1, 2015
Subject: 
Conflict of Interest/Less-Than-Arm's Length Transaction

A conflict of interest exists when a person or organization in a position of trust has a competing professional or personal interest thereby creating a circumstance where the person’s or organization’s judgment is improperly influenced. Conflicts of interest may arise in the relations of directors, officers, and management employees, family members, friends, and other employees, firms supplying goods and services or leased property and equipment.

A Less-Than-Arm’s Length Transactions (LTAL) transaction occurs when one party to the transaction can exercise control or significantly influences the other. Such transactions include, but are not limited to, those between divisions of an organization; organizations under common control through common officers, directors, or members; and an organization and a director, trustee, officer, key employee of the institution or immediate family members, either directly or through corporations, trusts, or similar arrangements in which a controlling interest is held.

All conflicts of interest or LTAL transactions must be disclosed to SED. It is expected that the directors, officers, and management employees of an organization will recognize such areas in relation to all SFSP funds to ensure such transactions do not occur. Costs incurred from a conflict of interest or LTAL transactions for the purpose of the Summer Food Service Program are limited to the organization’s actual documented costs and will be reviewed for reasonableness and necessity to the program.

For additional information please refer to the Office of Management and Budget (OMB) requirements for conflicts of interest in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Rewards (also known as the Super Circular). In the Super Circular, subsection 200.318 mandates that non-federal entities must now disclose in writing any potential conflict of interest to SED.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    program.intake@usda.gov

 

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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