CONFLICT OF INTEREST POLICY - July 2024

 

Introduction

 

All Trustees and Management Committee members of the Over and Nether Compton Memorial Hall (ONCMH) will strive to avoid any conflict of interest between the interests of ONCMH on the one hand, and personal, professional, and business interests on the other. 

 

This includes avoiding actual conflicts of interest as well as the perception of conflicts of interest. The purpose of this policy is to protect the integrity of the ONCMH decision-making process, to enable stakeholders to have confidence in the integrity of ONCMH, and to protect the integrity and reputation of volunteers and Trustees.

 

Definition of Conflict of Interest

 

The Charity Commission defines a conflict of interest as "any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent the Trustee/Management Committee member from making a decision only in the best interests of the charity."

 

Examples of conflict of interest include, but are not limited to;

 

A) Direct financial benefits or interests

Including, for example, employment of the Trustee or Management Committee member as an employee, consultant or advisor, or the situation where a company of which the Trustee/Management Committee member is a director or shareholder, may be considered for a contract by the Charity. Indirect financial interests may arise where such potential financial benefits accrue to a close member of the Trustee/Management Committee member's family, or even a friend, business partner or colleague.

 

B) Non-financial Benefits or Interests

This is where a Trustee or management committee member directly or indirectly benefits from ONCMH’s services, for example, sponsorship by a Trustee or Management Committee member's business which would then attract indirect benefit from public relations exposure.

 

C) Conflicts of Loyalties 

This is when another appointment or employment or association (of the Trustee/Management Committee member or a relative or friend) may potentially influence the decisions of the Trustee/Management Committee member in directions which may not be in the best interest of ONCMH.

 

The above list is not exhaustive and it is the responsibility of each individual Trustee and management committee member to declare any matters which they feel may present actual or potential conflicts, or the perception of such conflicts. If in doubt, it is better to make a declaration.

 

Disclosure Upon Appointment

 

Each Trustee and Management Committee member will make a full, written disclosure of interests (see Appendix A), such as relationships, and posts held, that could potentially result in a conflict of interest. This written disclosure will be kept on file and will be updated annually or as appropriate.

 

Benefits

 

It is acceptable to repay reasonable out of pocket expenses to Trustees if necessary. Any costs that are necessary to allow a Trustee/Management Committee member to carry out their duties can be classed as expenses and claimed from the charity but only in accordance with the charity's Expenses Policy.

 

Procedure for Handling a Conflict of Interest

 

In the course of meetings or activities, Trustees/Management Committee members must disclose any interests in a transaction or decision where there may be a conflict between the Charity’s best interests and the Trustee/Management Committee member's best interests or a conflict between the best interests of two organisations that the Trustee/Management Committee member is involved with.

 

If in doubt, the potential conflict must be declared anyway and clarification sought. In the case of a conflict of interest arising for a Trustee/Management Committee member because of a duty of loyalty owed to another organisation or person the “unconflicted” Trustees/ Management Committee members may authorise such a conflict of interests where the following conditions apply:

 

1) The Charity Commission’s permission is sought before a benefit for a Trustee/Management Committee member may be authorised that isn’t otherwise authorised in the Constitution or already authorised in writing from the Commission;

2) The Trustee/Management Committee member who has declared the conflict of interest withdraws from the part of the meeting at which there is discussion of any arrangement or transaction affecting that other organisation or person;

3) The Trustee/Management Committee member who has the conflict of interest does not vote on any such matter and is not to be counted when considering whether a quorum is present at the meeting;

4) The other Trustees/Management Committee members who have no conflict of interest in this matter consider it is in the interests of the charity to authorise the conflict of interest in the circumstances applying. Any such disclosure and the subsequent actions taken will be noted in the minutes.

 

For all other potential conflicts of interest, the advice of the Charity Commission will be sought and the advice recorded in the minutes. All steps taken to follow the advice will be recorded. This policy is meant to supplement good judgment, and volunteers and Trustees are asked to respect its spirit as well as its wording.

 

 

 

Date policy adopted:  8 July 2024

 

To be reviewed annually at AGM