25 Oct Conflict of Interest Policy
The Nepean Skating Club (NSC) is committed to the values of ethical conduct, integrity and honesty. Good governance requires an avoidance of conflict of interest, and the regulation of conflict of interest is necessary to promote good governance practices.
The purpose of this policy is to describe how individuals involved in the NSC shall conduct themselves in matters relating to real or perceived conflicts of interest, and to clarify how the NSC will make decisions in situations where conflicts of interest may exist. Conflicts of interest include both pecuniary and non-pecuniary interests. A pecuniary interest is an interest that an individual may have in a matter because of the reasonable likelihood or expectation of financial gain or loss for that individual, or another person with whom that individual is associated. A non-pecuniary interest may include family relationships, friendships, volunteer positions in associations or other interests that do not involve the potential for financial gain or loss.
This policy applies to directors, staff, coaches, committee members and volunteers who are involved in decision-making or decision-influencing roles within the NSC.
More specifically, the Directors of NSC have a stewardship obligation to act solely in the best interests of NSC in all transactions, decisions, actions, and consultations in which they engage on NSC’s behalf.
To avoid conflicts of interest, Directors must do more than merely act within the law. They must conduct their affairs in such a manner that their performance will at all times bear public scrutiny. The appearance of conflict of interest, as well as the conflict itself, must be avoided. Similarly, staff members shall not derive any personal profit or gain beyond normal contracted work arrangements
In determining whether a conflict of interest exists, the following matters shall be considered:
- could competing interest influence the individual’s judgment in fulfilling his or her responsibilities to NSC in an impartial, responsible, diligent, and efficient manner?
- what is the seriousness of the harm that may result from the influence of competing interest, including harm to NSC’s reputation and/or public image?
- would a reasonable outside observer question the ability of the individual to make proper decision(s) in light of competing interests if informed of all the relevant facts?
- is there perception of a conflict that could have a negative impact on the organization?
To the extent reasonably possible, Directors and staff shall arrange their private interests in a manner that will prevent a conflict of interest from arising. In the event that a Director has a conflict of interest with respect to any matter brought before the Board, or any committee of the Board, the Director:
- shall declare the conflict of interest at the meeting, together with a description of the nature of the conflict;
- where appropriate, shall withdraw from the meeting for the duration of any discussions and deliberations relating to that matter; and
- shall not vote, or seek to influence the vote of any other Director, on that matter.
Staff must report any conflicts of interest involving them as soon as they become aware of their existence to the Board.
Directors shall make annual disclosure of all actual and potential conflicts of interest, both of a financial and non-financial nature. Such disclosure shall include any situation in which he or she may become involved that could result in an actual, potential, or perceived conflict of interest, and shall include those of their family members and associated businesses. The disclosure shall be in a prescribed format and shall be submitted by Directors to the Executive Director upon their appointment to the Board and thereafter by the first Board meeting following the Annual General Meeting of Members of each year.
If at any time, any Director, or any family member or associated business of a Director, shall come to have an actual or potential conflict of interest, the Director shall promptly declare that conflict to the Executive Director in writing, and at the first meeting of the Board of Directors after becoming aware of the conflict. If the Director is absent from that meeting, he or she shall make all reasonable efforts to ensure that the conflict is brought up and read at that meeting.
In the event of uncertainty or disagreement as to whether a Director is in a position of conflict, or as to the appropriate management of a conflict, the Board shall be notified. If necessary, the Board shall determine the matter by majority vote.
With respect to any conflicts of interest identified or described in this policy, the Board shall take all appropriate steps to ensure compliance with the letter and spirit of this policy. Failure to disclose a conflict of interest may result in disciplinary action.
Note that it is suggested that we add the following in the Confidentiality Agreement document that the Board members sign at the beginning of their mandate:
I will abide by the Conflict of Interest Policy
___ I have the following conflict(s) of interest as stated bellow: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
___ I’m not aware of any conflict of interest at this time.