Conflict of Interest Policy - Board of Directors

Conflict of Interest Policy – Board of Directors

Conflict of interest occurs when an individual benefits from a decision or action made while operating in an official capacity. There are two types of interest – pecuniary interest and non-pecuniary interest. Pecuniary interest relates to potential financial gains or loss for the individual or with whom the individual is associated. Non-pecuniary interest relates to family relationships, friendships or other interest that are not related to financial gain or loss. 

Conflict of Interests may be real or perceived. Whether the perception reflect a real conflict or not, disclosure of the issue and implementation of a management plan is always necessary to ensure fairness and the appearance of fairness.

Gift or personal benefit means an item or service of value that is received by an individual for their personal use (excluding club-sponsored programs and special recognition) including money, gift cards, tickets to events, food or beverages, discount/rebates on personal purchases, entertainment, participation in sport and recreation activities, and invitations to social functions.  

1. Application

This Policy applies to Board Members of CMFSC. This includes anyone who makes financial and policy decision or have proprietary information regarding CMFSC.

2. Obligation

2.1 On election, re-election or appointment to a position as a Director to CMFSC, the individual must sign and submit this policy statement acknowledging that they have read, understood and agreed to act in accordance with this Conflict of Interest Policy within 60 days of the election.

The acknowledgment must also disclose:

1. Any other soccer activity or position; and
2. Any personal, professional, business activity or position that may at that time, or could in the future, be construed as a potential conflict of interest. Such declaration must be updated as circumstances require.

2.2 Any Director elected to the CMFSC Board must relinquish any Director position with any other soccer governing organization within three months (90 days) of first being elected and shall not accept a Director position with another soccer governing organization or an unaffiliated soccer organization while they hold a Director position with CMFSC.  

2.3 Any Director elected to the Board cannot be an employee of the Club until a cooling-off period is observed for one election cycle for part-time staff or two election cycle for full-time staff.

2.4 Any Employee of the Club cannot be elected to the Board.

2.5 Any Director elected to the Board cannot be an owner or employee of a contractor or supplier.

2.6 Failure to comply with the above shall constitute sufficient grounds for removal of the Director from their position by the Board and if it is an Employee, the matter is to be referred to the Executive Director for action under the terms of their employment.

3. Purpose

The purpose of this policy is to protect the interests of Coquitlam Metro Ford Soccer Club (CMFSC) by:

1. preventing the personal interest of the Board from interfering with their duties to CMFSC;
2. avoiding any unethical personal, financial, or professional gain on the part of such individuals;
3. eliminating any perceptions of favouritism or unfair advantage in decision making;
4. protecting the Board, employees and Independent Contractors by establishing a process to declare conflicts of interest; and
5. establishing the requirement to identify and/or disclose actual or perceived conflict in decision making.

4. Duty to Disclose

4.1 When a Board Member has a conflict of interest in relation to a particular issue or matter of discussion, the individual shall:

1. declare the conflict of interest and the nature of the conflict, and refrain from discussing or voting on the issue in question;
2. refrain from lobbying or participating in the discussion and decision-making process; and
3. the conflict is captured in minutes. 

4.2 The individual shall declare a conflict even when the conflict for the individual arises after a decision is made but the matter is still in progress, or the individual is involved in the implementation.

4.3 Individuals shall disclose conflicts of interest to CMFSC Board as soon as they become aware that a conflict of interest exists and for members nominated for election, prior to the elections.

4.4 Each Board Member is under an obligation to disclose the existence or potential existence of a Conflict of Interest as it arises. The declaration can be done annually, before a meeting or during a meeting as soon as the discovery of potential conflict arises.

5. Conflict of Interest Complaints

5.1 Investigation

Upon receipt of a complaint, the Ad-hoc Discipline Committee appointed by the Board will determine whether a conflict of interest exists, provide the alleged individual with written notice and the opportunity to submit evidence and to be heard at a meeting.  

The Ad-hoc Discipline Committee will review all pertinent information and responses from the involved parties. If the alleged conflict does not exist, the issue will be documented, a decision letter be provided to the Board, but no further action will be taken.

5.2 Resolution

If the Ad-hoc Discipline Committee determines that a conflict of interest exists, they will take the appropriate actions to address the conflict. This may include but not be limited to:

1. Removal or temporary suspension of certain responsibilities or decision-making authority;
2. Removal or temporary suspension from a designated position;
3. Removal or temporary suspension from certain teams, events and/or activities;
4. Expulsion from the Board;
5. Implement further discipline in accordance with the Club’s policies relating to discipline and/or complaints; or
6. Other actions as may be considered appropriate for the conflict of interest.  

Failure to comply with an action as determined by the Ad-hoc Discipline Committee will result in automatic suspension from the Board until such time as compliance occurs. 

All conflicts of interest will be reviewed on a case-by-case basis. The Ad-hoc Discipline Committee has full discretion to deem what disciplinary action is appropriate and necessary for disclosed conflicts of interest.

5.3 Notice of Annual Statements

Every Director must sign a Conflict of Interest Disclosure Statement upon said individual’s term of election and must do so annually. Failure to sign does not nullify the policy.

5.4 Coming In To Force

The CMFSC Conflict of Interest Policy came into force at the next Annual General Meeting in 2024 upon approval by the CMFSC Board and may be amended, deleted or replaced by Ordinary Resolution of the CMFSC Board.