Individuals who act on behalf of an organization have a duty first to that organization and second to any personal stake they have in the operations of the Organization or its Members, as applicable. For example, in not-for-profit organizations, Directors are required, by law, to act as a trustee (in good faith, or in trust) of the organization. Directors, and other stakeholders, must not put themselves in positions where making a decision on behalf of the Organization or and its Members, as applicable, is connected to their own personal interests. That would be a conflict of interest situation.
- The Organization and its Members strive to reduce and eliminate nearly all instances of conflict of interest – by being aware, prudent, and forthcoming about the potential conflicts. This Policy describes how Individuals will conduct themselves in matters relating to conflict of interest and will clarify how Individuals shall make decisions in situations where conflict of interest may exist.
- This policy applies to all individuals.
Any real or perceived conflict of interest, whether pecuniary or non-pecuniary, between an Individual’s personal interest and the interests of the Organization or its Members, as applicable, shall always be resolved in favor of the Organization or its Members, as applicable.
Individuals will not:
- Engage in any business or transaction, or have a financial or other personal interest, that is incompatible with their official duties with the Organization or its Members, as applicable, unless such business, transaction, or other interest is properly disclosed to and approved by the Organization or its Members, as applicable
- Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration or who might seek preferential treatment
- In the performance of their official duties, give preferential treatment to family members, friends, colleagues, clubs or organizations in which their family members, friends, or colleagues have an interest, financial or otherwise
- Derive personal benefit from information that they have acquired during the course of fulfilling their official duties, if such information is confidential or not generally available to the public
- Engage in any outside work, activity, or business or professional undertaking that conflicts or appears to conflict with their official duties as a representative of Organization or its Members, as applicable, or in which they have an advantage or appear to have an advantage on the basis of their association with Organization or its Members, as applicable
- Without the permission of Organization or its Members, as applicable, use organization property, equipment, supplies, or services for activities not associated with the performance of their official duties with the Organization or its Members, as applicable
- Place themselves in positions where they could, by virtue of being an Individual, influence decisions or contracts from which they could derive any direct or indirect benefit
- Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being an Individual
D. Disclosure of conflict of interest
- On an annual basis, all Directors and candidates for election to the Board, Officers, Employees, and Committee Members will complete a Declaration Form disclosing any real or perceived conflicts that they might have. Declaration Forms shall be retained by Organization or its Members, as applicable.
- Individuals shall disclose real or perceived conflicts of interest immediately upon becoming aware that a conflict of interest may exist.
- Individuals shall also disclose any and all affiliations with any and all other clubs/organizations involved with the same sport. These affiliations include any of the following roles: athlete, coach, manager, official, employee, volunteer, committee member or director.
E. Minimizing conflicts of interest in decision-making
Decisions or transactions that involve a conflict of interest that has been proactively disclosed by an Individual will be considered and decided with the following additional provisions:
- The nature and extent of the Individual’s interest has been fully disclosed to the body that is considering or making the decision, and this disclosure is recorded or noted
- The Individual does not participate in discussion on the matter
- The Individual abstains from voting on the decision
- The decision is confirmed to be in the best interests of Organization or its Members, as applicable
For potential conflicts of interest involving employees, the Board will determine whether there is there a conflict and, if one exists, the employee will resolve the conflict by ceasing the activity giving rise to the conflict. The Organization or its Members, as applicable, will not restrict employees from accepting other employment contracts or volunteer appointments provided these activities do not diminish the employee’s ability to perform the work described in the employee’s job agreement with Organization or its Members, as applicable, or give rise to a conflict of interest.
F. Conflicts of interest complaints
Any person who believes that an Individual may be in a conflict of interest situation should report the matter, in writing (or verbally if during a meeting), to the Board who will decide appropriate measures to eliminate the conflict. The President will set up an independent committee to determine if there is a conflict and may apply the following actions singly or in combination for real or perceived conflicts of interest:
- Removal or temporary suspension of certain responsibilities or decision-making authority
- Removal or temporary suspension from a designated position
- Removal or temporary suspension from certain teams, events, and/or activities
- Expulsion from the Organization or its Members, as applicable
- Other actions as may be considered appropriate for the real or perceived conflict of interest
Any person who believes that an Individual has made a decision that was influenced by real or perceived conflict of interest may submit a complaint, in writing, to the Organization or its Directors, as applicable, to be addressed under the Discipline Policy.
Failure to comply with an action as determined by the Board or committee setup for this purpose will result in automatic suspension from Organization or its Members, as applicable, until compliance occurs.
The Board may determine that an alleged real or perceived conflict of interest is of such seriousness as to warrant suspension of designated activities pending a meeting and a decision of the Board.
Failure to adhere to this Policy may permit discipline in accordance with the Discipline Policy.
Adopted by the Board, November 2020
Conflict of Interest – Declaration Form
I have read the Conflict of Interest Policy, I agree to be bound by the obligations contained therein, and I commit to avoid any conflict of interest. I also commit to disclosing the existence of any real or perceived conflict of interest to the Organization or its Members, as applicable, as soon as it is known to me.
I declare the following interests which may represent a potential conflict of interest:
___________________ ___________________ _____________________