GBCC Conflict of Interest
Adopted: December 1, 2009
Conflict of Interest
A conflict of interest is a situation where an individual (trustee, officer, staff member or volunteer “personnel” of Fort McMurray Public School District), of the organization he or she represents or has an interest in, has a real, potential or perceived, direct or indirect competing interest with Fort McMurray Public School District activities. This competing interest may result in the individual, or others related to them or entities in which they have an interest, being in a position to benefit from the situation or in Fort McMurray Public School District not being able to achieve a result which would be in the best interest of Fort McMurray Public School District. Conflict under this policy shall be interpreted broadly.
The Board of Trustees believes in the highest level of ethical conduct and has a responsibility to ensure the protection and prudent use of resources in the district, for the betterment of students.
Disclosure Procedure and Criteria
Disclosure – of a conflict of interest, whether real, potential or apparent, must take place as soon as the individual becomes aware of the conflict. This may be, for example, in the case of a contract, at a meeting when an individual becomes aware that a contract is being proposed or considered, at the first opportunity after an individual becomes interested in an existing or proposed contract, or at the first possible moment when they become involved with Fort McMurray Public School District and a contract pre-exists.
General Notice – a written notice to the Associate Superintendent of Business and Finance or the Superintendent of the Fort McMurray Public School District shall be sufficient declaration of interest with respect to any contract.
Confidential Notice – in the event that the matter to be disclosed is of a confidential or sensitive nature which would cause undue prejudice through open disclosure, then such matters may be disclosed in confidence to the Associate Superintendent of Business and Finance or the Superintendent of Schools. If after receiving such disclosure the Associate Superintendent of Business and Finance determines that such matters, in the discretion of the Associate Superintendent of Business and Finance, are not of a confidential or sensitive nature or that the principles or interests of Fort McMurray Public School District would not be fulfilled without full and open disclosure, then the Associate Superintendent of Business and Finance shall notify the disclosing individual of same and give such individual the opportunity to make such full disclosure. If the affected individual fails to make such disclosure, it shall then be considered a breach of this policy.
Final Determination – the Associate Superintendent of Business and Finance or as it may delegate, shall determine in each case whether or not a disclosed interest is acceptable and may continue. The criteria for acceptability may vary and may include, without limit, those principles considered relevant by the Associate Superintendent of Business and Finance.
Remedy – where a disclosed interest is determined to be unacceptable by the Associate Superintendent of Business and Finance, the contract or other conflict shall be amended to remove the offending provisions or be terminated, such determination to be made by the Associate Superintendent of Business and Finance or its delegate.
Exceptions – The requirement that a Member of the Board of Trustees not vote with respect to the approval of a conflict or a contract in which they may have an interest shall not apply to contracts relating to honorarium, reimbursement of expenses, indemnity or insurance as permitted under appropriate Canadian legislation, By-Laws of Fort McMurray Public School District and policy.
Relief – The following factors alone will not invalidate a relationship between Fort McMurray Public School District and an individual (or an enterprise in which the individual has an interest):
so long as the situation was reasonable and fair to Fort McMurray Public School District at the time it was approved, such reasonability to be determined by the Associate Superintendent of Business and Finance, absent the individual involved.
Dissemination of this Policy
Dissemination – personnel of Fort McMurray Public School District shall be informed of this policy.
Compliance by Others – personnel of Fort McMurray Public School District must use reasonable efforts to ensure that the activities of other individuals in Fort McMurray Public School District comply with Fort McMurray Public School District’s policies and guidelines.
Reservation of Right – Where an individual fails to disclose a conflict or an interest according to this policy or according to other laws or regulations in Canada, Fort McMurray Public School District reserves all rights which it may have to deal with the contract, grant, award, contribution, research project, or conflict and individual involved.
Consequences – Failure to comply with these policies may lead to disciplinary measures which may include removal from the position the individual holds in Fort McMurray Public School District. In certain circumstances, conflicts of interest may lead to legal claims being made against the individuals involved.