Section 1: Purpose The purpose of this Conflict of Interest Policy is to protect the Organization’s interests when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a Board member, officer, or staff member or might result in a possible excess benefit transaction.
Section 2: Definitions
- Conflict of Interest: A situation in which a Board member, officer, or staff member has a personal or financial interest that could interfere with their ability to act in the best interests of the Organization.
- Interested Person: Any Board member, officer, or staff member who has a direct or indirect financial interest, as defined below.
- Financial Interest: A person has a financial interest if they have, directly or indirectly, through business, investment, or family:
- An ownership or investment interest in any entity with which the Organization has a transaction or arrangement.
- A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement.
- A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.
Section 3: Procedures
- Duty to Disclose: In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and all material facts to the Board.
- Determining Whether a Conflict Exists: After disclosure of the financial interest and all material facts, the Board shall determine if a conflict of interest exists.
- Addressing the Conflict:
- An interested person shall recuse themselves from discussions and voting on matters involving the conflict.
- The Board may approve the transaction or arrangement if it is determined to be in the best interest of the Organization and fair and reasonable to the Organization.
Section 4: Documentation The Board shall document all proceedings related to conflicts of interest in the minutes of the meeting, including the disclosure, discussion, and decision.
Section 5: Annual Statements Each Board member, officer, and staff member shall annually sign a statement affirming that they:
- Have received a copy of the Conflict of Interest Policy.
- Have read and understand the Policy.
- Agree to comply with the Policy.