CONFLICT OF INTEREST POLICY
1. PURPOSE: To protect the
interest of Morrisville Public Library (“The Library”) when
it is contemplating entering into a transaction or arrangement that
might benefit the private interest of one of its officers, Trustees or
staff.
1)-. This policy does not replace any applicable
federal, state or local laws governing conflicts of interests
applicable to nonprofit and charitable organizations.
2. DEFINITIONS:
1) - Interest: direct or indirect pecuniary or
material benefit accruing to a Trustee, employee, or his relative
whether as a result of contract with Morrisville Public Library or
otherwise.
a) - An interest shall include but not be limited to:
b) - The contract of a relative except as to a contract of employment with the Library;
c) - A firm, partnership or
association of which such Trustee or employee is a member or employee;
d) - A corporation of which such Trustee or employee is a Trustee, director or employee;
e) - A corporation of which more
than five percent of the outstanding stock is owned by any such
Trustee, employee, or his
or her relative.
2) - Trustee or employee: an elected or appointed officer or employee of the Library whether paid or unpaid;
3) - Relative: spouse, child, stepchild, parent,
stepparent, brother, sister, stepbrother, stepsister, or legal guardian
of any of
said persons of a Trustee or employee or of the
spouse of the Trustee or employee;
3. DUTY TO DISCLOSE: In connection with actual or possible conflict of
interest a Trustee or employee must disclose the existence and nature
of his/her Interest and must provide all material facts to the Library
Board or its designee;
4. DETERMINATION OF A CONFLICT OF INTEREST: All disclosures will be
reviewed by the Board and determination of a conflict of interest will
be assessed after any discussion with the interested person.
1)-He/she shall leave the Board meeting while the
determination of a conflict of interest is discussed and voted upon.
2) - Remaining Board members shall decide if a conflict of interest exists.
5. ADDRESSING A CONFLICT OR POTENTIAL CONFLICT OF INTEREST:
1) - Board President may, if appropriate, appoint a
disinterested person or committee to investigate alternatives to the
proposed transaction or arrangement;
2) - After due diligence, the Board shall determine
whether the Library can obtain with reasonable efforts a more
advantageous
transaction or arrangement from a person or entity that would not give
rise to a conflict of interest;
3) - If a more advantageous transaction or
arrangement is not reasonably possible under circumstances not
producing a conflict of interest, Board shall
determine by a majority vote of the disinterested Trustees whether the
transaction or arrangement is
in the Library’s best interest, for its own benefit, and whether it is fair and reasonable;
4) - In conformity with the above determination it
shall make its decision as to whether to enter into the transaction or
arrangement.
6. VIOLATION OF POLICY:
1)- If the Board has reasonable cause to believe a
Trustee or employee has failed to disclose actual or possible conflicts
of interest, it shall inform the member of the basis for such belief
and afford the member an opportunity to explain the alleged failure to
disclose;
2)- If, after hearing the Trustee’s or
employee’s response and after making further investigation as
warranted by the circumstances, the Board determines if the member has
failed to disclose an actual or possible conflict of interest;
3) - Appropriate disciplinary and corrective action follows.
7. STATEMENTS AND DOCUMENTATION:
1) - When beginning formal association with the
Library, each Director, Trustee, staff member, and member of a
committee with governing board delegated powers shall sign a statement
which affirms such person:
a) - Has received a copy of the conflicts of interest policy;
b) - Has read and understands the policy;
c) - Has agreed to comply with the policy;
d) - Understands the Library is
charitable and in order to maintain its federal tax exemption it must
engage primarily in activities which accomplish one or more of its tax
exempt purposes;
2) - At the commencement of each fiscal year, each
Trustee and employee shall complete a disclosure questionnaire;
a) - Director will report to the Board on the results of the employee questionnaire;
b) - Board President will report on the results of the Board questionnaire.
(See forms in Appendix K.)
Adopted on November 24, 2009
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