Conflict of Interest Policy
Definition
A “conflict of interest” exists whenever a person misuses, or gives the appearance of misusing, a position of public trust for private benefit or personal advantage. A conflict may occur anywhere along a broad spectrum of actions ranging from overtly criminal conduct to behavior that could potentially lead to a perception of ethical impropriety.
Preface
Albany Aquatics Association (AAA) board members shall perform their duties in a manner free from conflict of interest to assure the proper performance of business as well as to earn and keep public confidence. No AAA board member shall engage in or have private interest (be it personal, financial, proprietary, familial, or political) in any activity that conflicts or raises a reasonable question of conflict with his or her duties and responsibilities.
Statement of Policy
An AAA board member, involved in the contracting process who is employed by or under contract with a business enterprise with which AAA is considering entering into a contract, or knows that he or she has a family member who has an ownership interest or is employed by that business enterprise, the board member is required to disclose this information to the AAA board at a public meeting before the AAA board enters into the contract. The AAA board is required to vote at the public meeting on whether or not it considers the relationship to be a conflict of interest. A “family member” means “…a person’s spouse or spouse’s sibling or child; a person’s sibling or sibling’s spouse or child; a person’s child or child’s spouse; or a person’s parent or parent’s spouse, and includes these relationships as created by adoption or marriage.” Determination of the existence of a conflict of interest does not prohibit the board from entering into the contract.
Some conflicts of interest may arise unintentionally. Other situations, though not constituting an actual conflict of interest, may carry an appearance of impropriety. This policy applies to both unintentional conflicts and the appearance of conflict.
Full disclosure is required in all cases. It is not the intent of this policy to authorize or encourage needless intrusion upon any individual’s personal behavior or endeavors. It requires self-disclosure.
Procedures
Self-disclosure is not only the least invasive means of ensuring compliance with this policy but also affords the opportunity for mutually compatible resolution of actual or potential conflicts of interest. The responsibility for full self-disclosure rests with each employee. Disclosure necessitated by a developing or potential conflict should be directed to the attention of AAA Governing Board immediately.
1. The business of AAA is to be conducted in observance of both the spirit and letter of applicable Federal and State laws.
2. AAA properties, services, opportunities, authority and influence are not to be used for private gain or benefit.
3. All individuals who participate with AAA will disclose the nature and extent of an actual or potential conflict of interest when it occurs in the evaluation of an issue and will avoid evaluating or voting on the matter involved. This includes the award of contracts, the purchase of goods and services, the award of contracts for professional services, and the allocation of AAA resources for individual use.
4. Gifts, cash, travel, hotel accommodations, entertainment, or favors are neither to be given nor received, except those of nominal value exchanged in the normal course of business. Gifts and favors of more than one hundred dollars ($100.00) value should not ordinarily be accepted. If circumstances render it awkward to refuse such a gift, the donor should be thanked and told the gift is being accepted on behalf of and will be delivered to AAA.
5. Expenses incurring in the furtherance of AAA business are to be reasonable, necessary and (if twenty-five dollars or more) substantiated.
6. All are expected to exhibit honesty, loyalty, candor and professional competence in their relationship with AAA and with each other.
7. Each individual has the responsibility to maintain the confidentiality of the organization. This includes both property and sensitive information.
Annual Disclosure Requirement
Annual disclosure is required of each AAA board member, whether or not a conflict situation has arisen and has been disclosed in accordance with this policy and procedure within the past year. Annual disclosure shall be made through signing the AAA conflict-of-interest disclosure form.
Consequences of Conflicts of Interest
Disclosed conflicts will be managed in a manner acceptable to AAA and wherever feasible and warranted.
Undisclosed conflicts may result in sanctions ranging from notice to discontinue a specific activity to membership removal.
ACKNOWLEDGEMENT OF RECIEPT AND UNDERSTANDING
I acknowledge receipt and understanding of the Albany Aquatics Association’s Conflict of Interest Policy, and pledge my full support of the spirit and the letter of the requirements contained therein.
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