How Commissioners Handle Conflicts of Interest

April 2025 | Eric Jennings, Lawrence County Commissioner Opinion Editorial, Black Hills Pioneer

You may remember from a previous article (okay, maybe not), the County Commission is required to include certain items on its agenda. One such requirement is commissioners must declare any conflicts of interest they may have regarding the agenda items. Those conflicts are clearly announced and entered into the minutes.  

According to state law, a conflict of interest exists when a commissioner stands to receive a material benefit from one of the agenda items they vote on or discuss. Your county commissioners are very careful and transparent about our business dealings and honestly share any possible conflicts. When we reach that agenda item during the meeting, the commissioner with the conflict will step away from the commission table, sit in the gallery, and be treated as one of the publics attending the meeting. If the agenda item includes a public hearing, he or she may speak on the matter the same as other members of the public attending the hearing. 

An example of a clear conflict of interest may be if a commissioner applies for an approach permit from a county road onto his property.  Since having that approach benefits him, there is no doubt that he should abstain from the discussion or vote regarding the permit. Much harder to define and not addressed in state law is the perception of a conflict of interest. Perception of conflict is purely subjective and dependent on the eye of the beholder. Expressing a difference of opinion on an issue that we hold no financial interest in does not constitute a conflict of interest. Often when we are accused of failing to declare a conflict, it is coming from someone who didn’t agree with our decision on a matter.  

I believe none of us would intentionally hide a conflict of interest. All of us currently on the commission have lived in this community for 50 plus years. Being a relatively small community, we all have friends and family that are affected by our decisions in the same manner that everyone else is. While there are some that may feel we should declare a conflict anytime one of our friends or family may benefit materially, the reality is that few of us could participate if such a loose definition of conflict of interest were used.   

Trust is earned over time but easily lost. As commissioners, we take the trust the voters place in us very seriously and strive to fulfill our duty to the best of our ability.  Part of that duty is to carefully and thoughtfully consider each agenda item. While we respectively declare any actual conflicts of interest, we usually do not anticipate or consider perceived conflicts of interest. It is nearly impossible to anticipate everyone’s perceived conflict of interest.