Approved January 24, 2008
A. Basic Policy.
Those in positions of leadership shall recognize the trust that is placed in them as stewards of the resources and programs of the Mecklenburg County Bar (MCB). They shall act in the exercise of their duties and leadership with the best interests of MCB as their first priority and exercise their best judgment in providing that leadership on behalf of MCB. No employee, Board member, or volunteer shall use his or her position, or knowledge gained through their roles, in any manner that creates a conflict between the interest of MCB and his or her personal interests. In order to comply with legal principles, and to avoid any appearance of impropriety, MCB leadership (including staff) must be sensitive to potential conflicts of interest and comply with the following provisions of the conflicts of interest policy.
B. Procedures in the Event of Potential Conflicts of Interest.
MCB recognizes that not all potential conflicts of interest are inappropriate, and some actually are in the best interests of MCB, as may be the case when MCB purchases supplies or property from an employee or volunteer who has a financial interest in the business or property. To assure, however, that such transactions comply with conflicts of interest principles and avoid any appearance of impropriety, the following procedures shall be observed:
1. Disclosure of Interests.
a. Whenever a Board member or staff may derive a direct benefit or have a financial or other personal interest in a proposed transaction, he or she shall disclose such interest in writing prior to the Boards consideration of the transaction.
b. An MCB Board member, volunteer or staff member derives a direct benefit from a contract if he/she or someone in his/her immediate family: (i) has more than ten percent (10%) ownership or other interest in an entity that is a party to the contract; (ii) derives any income or commission directly from the contract; or (iii) acquires property under the contract.
2. Non-Participation in Decisions.
a. MCB Board members, volunteers or staff members who may have a financial or other personal interest shall not vote on whether such a transaction is approved, make motions on the matter, or execute documents formalizing the transaction on behalf of MCB. In addition, such persons with a direct benefit shall not attempt to influence any other person involved in the above actions with the transaction or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract. Such nonparticipation shall be documented in minutes of the body acting on the proposed transaction.
b. Staff members who may have a financial or other personal interest shall not approve any expenditure or enter into any obligations on behalf of the MCB. Such approval must be made by the Executive Director or Board of Directors.