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Operations Enfants du Cambodge (OEC) Conflict of interest Policy |
References:
1- Purpose |
| 2- Definition A conflict of interest in NGO is a situation in which someone in leading or decision making position, has competing professional or personal interests. Such competing interests can make it difficult to fulfill his or her duties impartially. A conflict of interest exists even if no unethical or improper act results from it. A conflict of interest can create an appearance of impropriety that can undermine confidence in the person, profession, or organization. A conflict of interests can also arise when anyone has two duties which conflict. For example, an employee might have a duty to faithfully perform their work well as purchasing manager, and might also have a familial duty to their sibling who happens to be tendering for the sale of widgets to the manager's employer. In this case the employee has a conflict of interests. In certain relationships, individuals or the general public place their trust and confidence in someone to act in their best interests. When an individual has the responsibility to represent another person, whether as administrator, executor, a clash between professional obligations and personal interests arises if the individual tries to perform that duty while at the same time trying to achieve personal gain. |
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3-Covered persons This policy applies to the Operations Enfants du Cambodge’s board director members, management committee members, executive director, program coordinator, program and project managers, assistant-project managers, field officers, admin manager, and financial manager. Each Covered Person shall be required to acknowledge, not less than annually, that he or she has read and is in compliance with this policy. A Covered Person may not use his or her position with respect to OEC, or confidential organization information obtained by him or her relating to OEC, in order to achieve a financial or other benefit for himself or herself or for a third person, including another nonprofit or charitable organization. A Covered Person must act in good faith and in a manner such Covered Person reasonably believe to be in or not opposed to the best interests of OEC or, in the case of an employee benefit plan, the best interests of the participants or beneficiaries of said plan, as the case may be, and, with respect to any Proceeding which is criminal in nature, having had no reasonable cause to believe such Covered Person’s conduct was unlawful. |
| 4- Duty to disclosure |
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(a) In connection with any proposed transaction,
contract, arrangement, policy, program or other
matter being considered by OEC, a Covered Person
shall promptly disclose the existence of any
Potential Direct Conflict that may give rise to a
Conflict of Interest with respect to the proposed
transaction, contract, arrangement, policy, program
or other matter. Such disclosure shall be made to
the management committee, in writing, all relevant
facts relating to the Potential Direct Conflict.
When in doubt, Interested Persons shall disclose
matters as Potential Direct Conflicts. (b) Potential Perceived Conflicts can be seriously damaging to the multi-stakeholder community's confidence in OEC. A Covered Person shall promptly disclose the existence of any Potential Perceived Conflict, which shall be treated as equivalent to a Potential Direct Conflict until such time as the doubt is removed and the matter is determined after investigation of all the relevant facts in accordance with this Conflict of Interest Policy. When in doubt, Interested Persons shall disclose matters as Potential Perceived Conflicts and disclose all relevant facts relating to the Potential Perceived Conflict to the management committee. (c) If any Covered Person has reason to believe that another Covered Person has a Potential Conflict, the Covered Person with such belief shall inform the management committee, including disclosing all relevant facts relating thereto. (d) The Interested Person shall provide the management committee with an updated Statement at the time any disclosure is made. The disclosure to the management committee of a Potential Conflict shall be made promptly. |
| 5- Procedures for Addressing a Conflict of Interest |
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(a) If the permanent secretariat (PS) in charge of
watchdog or management committee (MT) members
determines that a Conflict of Interest exists, the
Conflicted Person may make a presentation to the MT
members regarding the Conflict of Interest. After
any such presentation, subject to MT, the Conflicted
Person shall leave the meeting and shall not be
present during any discussion of the Conflict of
Interest. (b) The Chair of the MT or a majority of the MT members, shall, if appropriate, appoint the chief of PS or committee to investigate alternatives or modifications, as applicable, to the proposed transaction, contract, arrangement, policy, program or other matter. If the Conflicted Person is the Executive Director or MT member, the findings shall be reported to Board of Directors at the special Board meeting and prior to the Disinterested Director approving or adopting, as applicable, the transaction, contract, arrangement, policy, program or other matter giving rise to such Conflict of Interest. (c) After investigating the proposed transaction, contract, arrangement, policy, program or other matter, the MT members with participation of the PS shall determine whether OEC can obtain with reasonable efforts a more advantageous transaction, contract, arrangement, policy, program or other matter in a manner that would not give rise to or would alleviate or mitigate a Conflict of Interest. If the Conflicted Person is the Executive Director or MT member, such determination shall be reported to the Board of Directors at the extra-Board meeting and prior to the Executive Director approving or adopting, as applicable, the transaction, contract, arrangement, policy, program or other matter giving rise to such Conflict of Interest. (d) If a more advantageous transaction, contract, arrangement, policy, program or other matter is not reasonably available to OEC under circumstances not producing a Conflict of Interest, or the transaction, contract, arrangement, policy, program or other matter cannot be modified to alleviate or mitigate a Conflict of Interest, the MT, and where the Conflicted Person is the Executive Director or MT member, the full MT with THE chief of PS shall determine by a majority vote of the applicable Disinterested members, whether the transaction, contract, arrangement, policy, program or other matter creating the Conflict of Interest is in OEC's best interest, for its own benefit, and whether it is fair and reasonable to OEC. In conformity with those determinations, the disinterested members of the Committee or MT members, as applicable, shall make its decision as to whether OEC should enter into the transaction, contract or arrangement or approve the policy, program or other matter. |
| 6-Violations of the Conflicts of Interest Policy |
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