YIC Board of Trustees Conflict of Interest and Ethics Policy
The Board of Trustees of Yes I Can Unity Through Music & Education, Inc. hereby individually and collectively agrees the following duties and responsibilities in the area of Conflict of Interest and Ethics:
To implement the long-standing policy of Yes I Can Unity Through Music & Education:
That the Trustees, Officers, employees, and volunteers of Yes I Can Unity Through Music & Education should avoid any situation which does or may involve a conflict between their personal interests and the interests of Yes I Can Unity Through Music & Education; and
That it is in the best interest of Yes I Can Unity Through Music & Education that continuing efforts be made to determine whether any such conflicts of interest do now, or may in the future, exist and, if so, to see that the conflicts are eliminated and/or that the interests of Yes I Can Unity Through Music & Education are properly protected; and
That all Trustees, Officers, volunteers, and other employees of Yes I Can Unity Through Music & Educations should be alert and diligent to avoid situations or transactions involving conflicts of interest, and where such conflicts of interest do exist, to report the same to Yes I Can Unity Through Music & Education to the end that the interests of Yes I Can Unity Through Music & Education may be properly protected; and
That such Trustees, Officers, volunteers, and other employees of Yes I Can Unity Through Music & Education should bear in mind that counsel has been given that a “conflict of interest” might exist in any situation in which the individual may be in a position to use their position with Yes I Can Unity Through Music & Education for Personal gain to the possible detriment of Yes I Can Unity Through Music & Education, whether or not detriment to Yes I Can Unity Through Music & Education actually results;
2. To cause the President of the Board of Trustees of Yes I Can Unity Through Music & Education, at least annually, to transmit to all Trustees, Officers, volunteers, and other such employees a letter which shall conform in all respects to the intent of this resolution, inquiring whether any such Trustees, Officers, volunteers, or other employees are involved in conflict of interest situations or transactions;
3. To cause all such Trustees, Officers, volunteers, and other employees promptly to report to the President of the Board of Trustees of Yes I Can Unity Through Music & Education any situation presently existing, or which shall exist in the future exist, which might involve a conflict of interest as above defined; and to cause the President of the Board of Trustees of Yes I Can Unity Through Music & Education promptly to transmit all such reports to the Executive Committee, which Committee shall review and act upon any such conflict of interest which may be reported to it, and in any case which shall be deemed appropriate by the Committee, report the matter to the Board, which will review such report and vote upon the action that should be taken in the absence of any Trustee who may be implicated in such alleged conflict of interest.
I. DEFINITION AND BACKGROUND
Conflict of Interest
Conflict of interest means a situation where a Board member’s private interests, usually of an economic nature, conflict or raise a reasonable question of potential conflict with the efficient, impartial performance of their Board or Committee’s Duties and Responsibilities. The conflict is of concern to the organization whether it is real or only apparent.
II. POLICY STATEMENT
Statement of Principles
The Board adopts the following statement of principles as its policy applicable to all Board members and the ethics of their relationship to Yes I Can Unity Through Music & Education:
General Rule with Respect to Conflicts of Interest
No Board member shall engage in any act or shall have any interest, direct or indirect, in any business or incur any obligation which is in substantial conflict with the proper discharge of their organization duties or which impairs their independence of judgment in the discharge of such duties.
2. Business Transactions
No Board member shall participate in any business transactions involving the organization in the consequences of which they have a substantial economic interest or of which they may reasonably be expected to know that any of the following has a direct and substantial interest:
Board member’s spouse, child, or any dependent relative.
Any person, firm, or corporation in which the Board member has a substantial economic interest.
Any person, firm, or corporation of which the Board member is an officer, director, trustee, partner, consultant, or employee.
3. Gifts, Gratuities, and Favors
No Board member shall receive, accept, solicit, directly or indirectly, anything of economic value from any person, firm, or corporation if there is reason to believe:
The gift, gratuity, or favor was given for the performance of an act which the Board member would be expected to perform in the regular course of their organization duties; or
The donor would not give the gift, gratuity, or favor but for such Board member’s position within the agency; or
The donor has or is seeking to obtain contractual or other business or financial relationships with the organization; or
The donor has interests which may be substantially affected by such Board member’s performance or nonperformance of their duties.
The donor is in any way attempting to influence the Board member’s actions within the organization.
The requirements of this section do not apply to the following:
a. Acceptance of food and refreshments of nominal value on infrequent occasions.
b. Acceptance of unsolicited advertising or promotional materials of nominal intrinsic value, such as pens, note pads, calendars, and other similar Items.
4. Use of Confidential Information
Board members shall not disclose confidential business information acquired by or made available to them in the course of their duties with the organization or use such information for speculation or personal gain.
5. Use of Organization Facilities and Services
Board members shall not permit or use organization facilities, equipment, or supplies, for private gain or advantage. Board Members shall not receive any special treatment should they apply for services from the organization.
B. Financial Disclosure
1. A Board member deemed by the Executive Committee to be in a position to influence transactions with business concerns shall be required to certify that they have read this policy, and they or their household relatives either (1) do not have any substantial business prohibited by this policy, or (2) they have an interest which might constitute a conflict of interest and which they will briefly describe.
2. The Executive Committee will make a determination with regard to possible conflict of interest and will advise the Board member of their conclusions. Where a conflict of interest is determined to exist without evidence of derelictions or undue influence, the Board member will be afforded a reasonable time to eliminate the problem. The Executive Committee’s determination will be issued in writing.
3. It is the responsibility of each Board member submitting a disclosure certificate to promptly advise the Executive Committee of any future change in circumstances that would alter their response thereon. Contemplated changes in circumstances may be referred to the Executive Committee for an interpretation as to potential conflict of interest. The Executive Committee shall consider as confidential the disclosures it receives under the terms of this policy except to the extent that disclosure to the Board of Trustees may be required to serve the best interests of Yes I Can Unity Through Music & Education, Inc.
Adopted by the Yes I Can Unity Through Music & Education Board of Trustees, August 26, 2017