All decisions made at Société Jersiaise meetings must be made in the best interests of the Société. In order to avoid any situation where there may be a conflict of interest, any Section member must declare any personal or indirect interest that they may have in business being undertaken by the Section/ Société Jersiaise itself or with any client, supplier or employee of the Société Jersiaise.
PURPOSE
The purpose of this policy is to provide guidance to relevant individuals on handling possible conflicts of interest that may arise as a result of Société Section activities. This policy applies to all members (Individuals) whenever they interact or potentially interact with any of the Société Section activities.
This policy:
• Defines what is meant by conflict of interest
• Sets out the roles and responsibilities for managing conflicts of interest
• Illustrates areas of potential conflict of interest in situations.
SCOPE
It is the policy of Société Jersiaise that individuals must be free from conflicts of interest that could adversely affect their judgement or objectivity in relation to the organisation and Section in conducting its activities. The Société recognises that Individuals may take part in legitimate financial, business, charitable and other activities outside of their role, but any potential conflict of interest raised by those activities must be acknowledged, disclosed, and in relevant cases properly managed. It is the responsibility of each individual to recognise situations in which they have a conflict of interest, or might reasonably be seen by others to have a conflict; to disclose this conflict and to take such further steps as may be appropriate and set out in more detail under the procedure below.
DEFINITION OF CONFLICT OF INTEREST
A conflict of interest is a situation in which an individual, or organisation, has competing interests or loyalties. Conflicts of interest can arise in a variety of circumstances in relation to the Société’s/Sections activities. The two main categories of conflict concern finances and loyalty for example:
- when an Individual has a position of authority in one organisation which conflicts with their interests in another organisation.
- when an Individual has personal interests that conflict with their professional position.
- When an individual co-opts the skills/time of Section members for their own organisation without acknowledgement.
A conflict of interest may generally be defined as a conflict between the official responsibilities of the Individual and any other interests the particular Individual may have and as such could compromise or appear to compromise their decisions.
EXAMPLES OF CONFLICTS OF INTERESTS
It is not possible to provide a definitive list of examples of conflicts of interests, but the following are examples of situations that could lead to actual or perceived conflicts of interest:
- when a Société Jersiaise decision could lead to an Individual receiving something of value.
- Individuals working with a business outside of the Société/Section that is in direct competition with them for funding opportunities.
- Individuals participating in the appointment, supervision or evaluation of a person with whom the person has close or familial ties or interests.
- where someone works for or carries out work on the Société’s/Section’s behalf, who has immediate family (to include, but not limited to, spouse/partner, siblings, children and parents) or friends undertaking contracts with the Société/Section.
The existence of such interests as those outlined above is likely to give an appearance of conflict and as such should be declared.
WHAT TO DO IF YOU HAVE A POTENTIAL CONFLICT OF INTEREST
Individuals have a responsibility to be aware of the potential for a conflict of interest and it is likely that Individuals will encounter potential conflicts of interest from time to time, especially in a small community such as Jersey. Such situations must be carefully managed to ensure that any conflict of interest does not detrimentally impact on the standards of, or public confidence in the Société’s reputation or any sponsor that supports the Société Jersiaise.
It is the duty of Individuals to disclose any actual or potential conflict of interest and the process for doing this is documented below:
Any conflict of interest should be disclosed and recorded on a register of interest form which is maintained as a register by the CEO. This form will detail the conflict of interest, when it was declared and by whom and how the conflict was managed. The register will be reviewed annually as a minimum. If the Individual concerned has any changes to their declared circumstances, they must inform the CEO, so that the conflict of interest can be evaluated, and the register updated. The information submitted is then evaluated to identify if any further action is required and a written record of the outcome of the evaluation kept.
ACTIONS RESULTING FROM A DECLARATION OF INTEREST
Most situations require no further action than the completion of the register of interest form. However, in some instances the information declared on the form will require some follow up action, in order for the conflict of interest to be managed appropriately. The approach agreed between the CEO and the individual concerned will be documented and held with the conflict of interest form(s).
Examples of actions that could be taken (not exhaustive):
• Individual not taking part in discussions or decisions on certain matters.
• Referring certain matters for decision to others with no conflicting interest.
• Agreeing not to be involved in a particular project.
• Referring the matter to the Société’s Executive committee for advice and guidance.
POLICY REVIEW
The CEO will ensure the relevance of this policy which is to be reviewed on an annual basis as a minimum and revised as necessary. In addition, any data which is collected which relates to the implementation of this policy will be used to inform the ongoing management of the Société Jersiaise. This policy will be reviewed annually unless legislation changes or supporting data identifies that a review is required sooner.
MONITORING OF POLICY
It is the responsibility of the CEO to monitor and enforce the policy and for it to be reviewed on an annual basis and revised as necessary, with the policy communicated and understood by the Society’s members. The register of interests register is to be maintained by the CEO and held securely in a private area of the electronic folders.
BREACH OF POLICY
It is likely that some members will not recognise a conflict of interest. If the Section Committee identifies a conflict of interest they can require individuals involved to abstain from relevant decision making or discussions. Any conflict of interest and action taken must be recorded in the minutes. Any conflict needs to be managed quickly.
If a breach of this policy is brought to the attention of the CEO by a Section member the matter will be discussed with the Chair of the Section/Section Committee and the Individual will be informed that the CEO and Section Chair are aware of this breach and that a declaration must be made and the Individual must withdraw from the action creating conflict of interest, or agreed action will be taken to resolve the issue. Agreed action can include requiring an Individual to stand down from a position within the Société Jersiaise including voluntary positions.
References:
- Detail other policies used
Internal policy / last updated February 2023