Government

Conflict of Interest
Conflict of Interest – Council Member
 
1. Definition
  1. "conflict of interest" is any situation where:
    1. your personal interests, or
    2. those of a close friend, family member, business associate, corporation or partnership in which you hold a significant interest, or a person to whom you owe an obligation could influence your decisions and impair your ability to:
      1. act in the Village of Borden’s best interests, or
      2. represent the Village of Borden fairly, impartially and without bias.
It is important to note that a "conflict of interest" exists if the decision could be, or could appear to be influenced -it is not necessary that influence takes place.
 

2. General Duties
  1. Unless authorized to do so by the Council, or by a person the Council designates, you may not:
    1. act on behalf of the Village of Borden, or deal with the Village of Borden, in any matter where you are in a conflict of interest or appear to be in a conflict of interest, nor
    2. use your position, office or affiliation with the Village of Borden to pursue or advance your personal interests or those of a person described in paragraph 1(1)(2).
  2. The "appearance of a conflict of interest" occurs when a reasonably well informed person properly could have a reasonable perception that you are making decisions on behalf of the Village of Borden that promote your personal interests or those of a person described in paragraph 1(1)(2).
  3. You must immediately disclose a conflict of interest to the Council either in writing or as minuted at a Council meeting.  It is important to make the disclosure when the conflict first becomes known.  If you do not become aware of the conflict until after a matter is concluded, nevertheless you must still make the disclosure immediately.
  4. If you are in doubt about whether you are or may be in a conflict of interest, the Council or by a person the Council designates, will make the final decision on whether a conflict of interest exists.
  5. Unless otherwise directed, you must immediately take steps to resolve the conflict or remove the suspicion that it exists, by:
    • Promptly declaring to the Council any conflict of interest as defined by this policy and asking that such declaration be the Village of Borden recorded in the minutes
    • Excusing yourself from the portion of the meeting where the matter giving rise to the conflict of interest is being discussed
    • Refraining from all discussion of the matter giving rise to the conflict of interest, at any meeting of the Council, or elsewhere
    • Refraining from voting on the matter giving rise to the conflict of interest, at any meeting of the Council
 
3. Avoiding a Conflict of Interest
 
  1. You must not:
    1. use your relationship with the Village of Borden to confer a benefit on a person described in paragraph 1(1)(2). This duty does not prevent you or anyone else from conducting business with other people connected with the Village of Borden
    2. personally benefit from any business activity involving the Village of Borden except in unique situations, authorized by the Council
    3. indirectly benefit from any business activity involving the Village of Borden except in unique situations, authorized by the Council.
  2. An "indirect benefit" is:
    1. a benefit derived by a close friend, family member, business associate, or a corporation or partnership in which you hold a significant interest, or
    2. a benefit which advances or protects your interests although it may not be measurable in money.

4. Using the Village of Borden Property and the Village of Borden Information
  1. You must have authorization from the Council, or from a person the Council designates:
    1. to use, for personal purposes, property owned by the Village of Borden, or
    2. to purchase the Village of Borden property unless it is through channels of disposition equally available to the public. Even then you may not purchase the property without authorization if you are involved in some aspect of the sale.
  2. You may not take personal advantage of an opportunity available to the Village of Borden unless:
    1. it is clear that the Village of Borden has irrevocably decided against pursuing the opportunity, and
    2. the opportunity is equally available to members of the public.
  3. You may not use your position with the Village of Borden to solicit any Village of Borden stakeholder for a personal business or one operated by a close friend, family member, business associate or a corporation or partnership in which you hold a significant interest. This duty does not prevent you or anyone else from transacting business with other people connected with the Village of Borden.
  4. "The Village of Borden information" is information that is acquired solely by reason of involvement with the Village of Borden and which the Village of Borden is under an obligation to keep confidential.
  5. You may use the Village of Borden information only for Village of Borden purposes.
  6. You must not use the Village of Borden information for your personal benefit.
  7. You must protect the Village of Borden information from improper disclosure.
  8. You must report to the Council, or to a person the Council designates, any incident of abuse of Village of Borden information.
  9. You may divulge the Village of Borden information if:
    1. you are authorized by the Council or by a person designated by the Council to release it, and
    2. it is to a person who has a lawful right to the information.
  10. If you are in doubt about whether the Village of Borden information may be released, you must request advice from the Council or from a person the Council designates.

5. Rules About Gifts
  1. You may accept a gift made to you because of your involvement in the Village of Borden in the following circumstances:
    1. the gift has no more than token value
    2. it is the normal exchange of hospitality or a customary gesture of courtesy between persons doing business together
    3. the exchange is lawful and in accordance with local ethical practice and standards, and
    4. the gift could not be construed by an impartial observer as a bribe, pay off or improper or illegal payment.
  2. You may not use the Village of Borden property to make a gift, charitable donation or political contribution to anyone on behalf of the Village of Borden. Any gift must have the authorization of the Council or a person the Council designates.