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  4. Conflict of Interest
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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 Borden’s best interests, or
      2. represent the 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 - influence doesn't need to take 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 Borden, or deal with 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 Borden to pursue or advance your 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 could have a reasonable perception that you are making decisions on behalf of the Borden that promote your 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 recorded 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:
    1. 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
    2. Excusing yourself from the portion of the meeting where the matter giving rise to the conflict of interest is being discussed
    3. Refraining from all discussion of the matter giving rise to the conflict of interest, at any meeting of the Council, or elsewhere
    4. Refraining from voting on the matter giving rise to a conflict of interest, at any meeting of the Council
 

3. Avoiding a Conflict of Interest
 
  1. You must not:
    1. use your relationship with 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 Borden
    2. personally benefit from any business activity involving Borden except in unique situations, authorized by the Council
    3. indirectly benefit from any business activity involving 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 that advances or protects your interests although it may not be measurable in money.
 

4. Using Borden Property and 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 Borden, or
    2. to purchase 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 Borden unless:
    1. it is clear that 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 Borden to solicit any 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 Borden.
  4. "The Village of Borden information" is information that is acquired solely because of involvement with Borden and which Borden is under an obligation to keep confidential.
  5. You may use Borden information only for Borden purposes.
  6. You must not use Borden's information for your benefit.
  7. You must protect Borden's information from improper disclosure.
  8. You must report to the Council, or to a person the Council designates, any incident of abuse of Borden information.
  9. You may divulge 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 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 Borden in the following circumstances:
    1. the gift has no more than a 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, payoff, or improper or illegal payment.
  2. You may not use Borden property to make a gift, charitable donation, or political contribution to anyone on behalf of Borden. Any gift must have the authorization of the Council or a person the Council designates.