Kent Council for Voluntary Youth Services
CONFLICT OF INTEREST DOCUMENT
Adopted at the Trustees meeting held on 20th February 2007
KCVYS procedures need to be open, honest and transparent, at all times working in it’s own interest and for the good of its members. To this end we acknowledge the importance of the Seven Principles of Public Life established by the Nolan Committee. These are:
Holders of public office should take decisions solely in terms of the ‘public interest’. They should not do so in order to gain financial or other material benefits for themselves, their family, organisations or their friends.
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
Holders of
public office should promote and support these principles by leadership and
example.
All people and organisations from all sectors, with which we deal, are entitled to expect the highest standards of conduct from Trustees. With the Nolan principles in mind this document aims to ensure that there is no conflict of interest between the private interests of Trustees and their responsibilities to KCVYS. In order to adopt best practice the Trustees role is seen in Nolan terms as ‘public office’.
Trustees have a wide range of interests in public, private and professional life and there may be times when these interests conflict. When fulfilling duties as a Trustee of KCVYS they should not think of themselves as representatives of any other body but should always act in the best interests of KCVYS and its objectives.
Trustees have a legal duty to avoid conflicts between their personal interests and those of KCVYS. Trustees need to be alert to possible conflicts of interest and to minimise their effects. A key aspect of minimising the effects is to be open and transparent about such situations wherever they arise. Trustees are therefore required to declare any actual or potential conflicts of which they are aware.
Examples of possible conflicts of interest:
1) any charity or organisation with which you are connected (eg which employs you or in which you have a material financial interest) which could, because of the nature of its business, provide goods or services to KCVYS.
2) any organisation with which you are connected (eg as a member or office holder) whose area of operations overlap or could affect any of the activities of KCVYS.
3) Any of the above with which members of your immediate family are connected. (Definition of immediate family: spouse/partner, children, parents, brothers, sisters).
Good Practice
It is good practice at the beginning of any Trustee meeting for every Trustees to declare any private interest which he or she has in an item to be discussed, and certainly before any debate of the item itself. Trustees maybe permitted by the chairman to provide information to the meeting but not take part in the discussion nor vote on any questions in respect of the item. In certain circumstances it may be appropriate for the Trustee to withdraw from the meeting during discussion of the item in question.
There will be a standing item on every agenda and for all meetings, for all Trustees to declare an interest in any item on the agenda. If something occurs during the meeting which means a potential conflict of interest exists which has not been declared then the Trustees should declare an interest at the earliest opportunity.
‘Interests’ might include:
· paid employment
· voluntary positions
· significant commercial interests
· consultancy
· membership or employment with local, regional and national partners or organisations
It will be at the discretion of the Trustees at the meeting (through the Chair) whether that Trustee should take further part in the discussion, and vote or take further part in the discussion and not vote or withdraw from the meeting
.
In the final analysis the duty to identify a possible conflict of interest lies with the individual Trustee.
In Cases of Uncertainty
Any Trustee should raise any doubts with the Chair if they believe there to be an undeclared conflict of interest.
It is the Trustees responsibility to discuss and decide on appropriate sanctions should a Trustee fail to declare a conflict of interest.