YORK COUNTY BAR FOUNDATION
CONFLICT OF INTEREST POLICY AND PROCEDURES
(Approved by the Board August 13, 2010)
The York County Bar Foundation (YCBF) strives to maintain the highest ethical standards in all policies, procedures and programs and strives to avoid any conflicts of interest.
1. INTERESTED PERSON
Any board member, officer, member of a committee with board delegated powers or employee who has a direct or indirect financial interest (as defined in Section 2) or duality of interest (as defined in Section 3), is an interested person.
2. FINANCIAL INTEREST
A person has a financial interest if the person has, directly or indirectly, through business, investment or family:
a. An ownership or investment interest in any entity with which the YCBF has a transaction or arrangement, or
b. A compensation arrangement with the YCBF or with any entity or individual with which the YCBF has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the YCBF is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration as well as gifts or favors in excess of $100. A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest if the appropriate board or committee decides that a conflict of interest exists.
1. DUTY TO DISCLOSE
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of his or her financial interest or affiliation and all material facts to the directors and members of committees with board delegated powers considering the proposed transaction or arrangement. The disclosure should be made either when the interest becomes a matter of board or committee action or as part of a periodic procedure to be established by the board.
2. DETERMINING WHETHER A CONFLICT OF INTEREST EXISTS
After disclosure of the financial interest and all material facts, and after any discussion with the interested person, the remaining board or committee members shall decide by motion and affirmative vote of the board or committee, if a conflict of interest exists.
3. PROCEDURES FOR ADDRESSING THE CONFLICT OF INTEREST
An interested person may make a presentation at the board or committee meeting, but after such presentation, he or she may be required to leave the meeting by motion and affirmative vote of the board or committee during the discussion of, and the vote on, the transaction or arrangement that results in the conflict of interest.
RECORDS OF PROCEEDINGS
The minutes of the board and all committees shall be kept.
Each board member, officer, member of a committee with board delegated powers and employee shall annually sign a statement which affirms that such person:
a. Has received a copy of the conflict of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands that the YCBF is a charitable organization and that in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.