Conflict of Interest

A conflict-of-interest review is required by statute (30 ILCS 500/50-35) when a person contracting for services as an independent contractor is:

• A current Illinois State University employee;
• A former Illinois State University employee who performed services within the last three years;
• A current State of Illinois employee (includes employees from other state institutions or state agencies); or
• A former State of Illinois employee who performed services within the last three years; or
• An elected official to any branch of state or local government.

The conflict-of-interest review must be completed at the following link:
Complete the Conflict of Interest Review in Kuali

Questions regarding completion of the form may be directed to the Purchasing Department at ISUPurchasing@ilstu.edu.

Independent Contractor Classification

Before engaging a vendor from the above list, the department contracting for the services must assess the relationship with the individual to determine whether the individual is properly classified as an independent contractor.

Resources to assist with this determination are available through the University Payroll Office Employee Determination website.

It is highly unlikely that a current or former University employee, regardless of department or funding source, will be classified as an independent contractor. If an individual is currently employed in another area of the University, the additional services will most likely be considered a second employment assignment. If the individual was recently terminated, the additional services will most likely be considered a continuation of employment.

Generally, services performed by a current or former employee are considered employment unless it can be demonstrated that the individual:

• Is not performing services that are similar in nature to those performed as a current or former employee;
• Provides services outside the University’s usual course of business or services that are not typically performed by a University employee;
• Is free from University control or direction when providing the services; and
• Is engaged in an independently established profession or business and offers similar services to the general public on a consistent basis.

Important Note

An approved conflict-of-interest review must be obtained before services begin or an agreement is signed. Failure to obtain the required approval must be reported and will require Presidential approval before the individual can be paid. Please don’t submit your requisition to purchasing until you receive the approval.