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I. Purpose
The purpose of this Conflict of Interest Policy is to protect the interests of Pro Se Support Services when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a Director, Officer, or employee of the organization. This policy is intended to supplement but not replace any applicable state and federal laws governing conflicts of interest applicable to non-profit organizations.
II. Definitions
A. Conflict of Interest: A conflict of interest exists when the personal or financial interest of a Director, Officer, or employee could potentially interfere with the performance of their duties to Pro Se Support Services, or when the individual's loyalty to the organization is divided. This includes any transaction, relationship, or situation where an individual stands to gain a personal or financial benefit as a result of their position within the organization.
B. Financial Interest: A person has a financial interest if they, a member of their immediate family (spouse, domestic partner, children), or a related party has, directly or indirectly, a material ownership or investment interest in an entity with which Pro Se Support Services has a transaction or arrangement. A financial interest also exists if a person or a related party has a compensation arrangement with such an entity, or if an individual serves as a director, officer, partner, or employee of the entity.
C. Related Party: A related party includes, but is not limited to, a spouse, domestic partner, child, parent, sibling, or a business entity in which a Director, Officer, or employee of Pro Se Support Services has a significant ownership or controlling interest.
III. Procedures for Disclosure
Any Director, Officer, or employee who has a potential or actual conflict of interest must immediately disclose the existence of the financial interest or other conflict to the Executive Director or to the Board of Directors.
The disclosure must include all material facts, including the nature of the conflicting interest and a description of the transaction or arrangement under consideration.
IV. Procedures for Addressing Conflicts
After the disclosure of a potential conflict of interest, the following procedures shall be followed:
The individual with the potential conflict shall not be present during any discussion or deliberation of the matter.
The individual with the potential conflict shall not vote on the matter.
The remaining disinterested Directors shall determine whether a conflict of interest exists.
If a conflict of interest is determined to exist, the Board of Directors shall consider alternative transactions or arrangements to the extent feasible.
If a transaction or arrangement is ultimately approved despite the conflict, the Board must determine that the transaction or arrangement is in the best interest of Pro Se Support Services.
The minutes of the meeting where the conflict was discussed shall document the existence of the conflict, the names of the individuals involved, the decision made, and the basis for the Board's conclusion that the transaction was in the best interest of the organization.
V. Annual Statements and Acknowledgment
Each Director, Officer, and key employee shall annually sign a statement that affirms they have read and understand this policy, and that they have disclosed any potential conflicts of interest for the past year and are not aware of any undisclosed conflicts.
VI. Violation of Policy
If the Board of Directors has reasonable cause to believe that a Director, Officer, or employee has failed to disclose an actual or potential conflict of interest, it shall inform the individual of the basis for this belief and afford them an opportunity to explain the alleged failure to disclose.
If, after hearing the individual's response and after an investigation, the Board determines that the individual has in fact failed to disclose a conflict of interest, it shall take appropriate disciplinary and corrective action.