Conflict of Interest

Conflict of Interest Policy – Council Member

Definition

1.1 A "conflict of interest" is any situation where:

(a) your personal interests, or

(b) those of a close friend, family member, business associate, corporation or partnership in which you hold a significant interest, or a person to whom you owe an obligation could influence your decisions and impair your ability to:

(i) act in the Town of Regina Beach’s best interests, or

(ii) represent the Town of Regina Beach fairly, impartially and without bias.

It is important to note that a "conflict of interest" exists if the decision could be, or could appear to be influenced - it is not necessary that influence takes place.

General Duties

2.1 Unless authorized to do so by the Council, or by a person the Council designates, you may not:

(a) act on behalf of the Town of Regina Beach, or deal with the Town of Regina Beach, in any matter where you are in a conflict of interest or appear to be in a conflict of interest, nor

(b) use your position, office or affiliation with the Town of Regina Beach to pursue or advance your personal interests or those of a person described in paragraph 1.1(b).

2.2 The "appearance of a conflict of interest" occurs when a reasonably well informed person properly could have a reasonable perception that you are making decisions on behalf of the Town of Regina Beach that promote your personal interests or those of a person described in paragraph 1.1(b).

2.3 You must immediately disclose a conflict of interest to the Council either in writing or as minuted at a Council meeting.  It is important to make the disclosure when the conflict first becomes known.  If you do not become aware of the conflict until after a matter is concluded, nevertheless you must still make the disclosure immediately.

2.4 If you are in doubt about whether you are or may be in a conflict of interest, the Council or by a person the Council designates, will make the final decision on whether a conflict of interest exists. 

2.5 Unless otherwise directed, you must immediately take steps to resolve the conflict or remove the suspicion that it exists, by:

• Promptly declaring to the Council any conflict of interest as defined by this policy and asking that such declaration be the Town of Regina Beach recorded in the minutes

• Excusing yourself from the portion of the meeting where the matter giving rise to the conflict of interest is being discussed

• Refraining from all discussion of the matter giving rise to the conflict of interest, at any meeting of the Council, or elsewhere

• Refraining from voting on the matter giving rise to the conflict of interest, at any meeting of the Council

Avoiding a Conflict of Interest

3.1 You must not:

(a) use your relationship with the Town of Regina Beach to confer a benefit on a person described in paragraph 1.1(b). This duty does not prevent you or anyone else from conducting business with other people connected with the Town of Regina Beach

(b) personally benefit from any business activity involving the Town of Regina Beach except in unique situations, authorized by the Council

(c) indirectly benefit from any business activity involving the Town of Regina Beach except in unique situations, authorized by the Council.

3.2 An "indirect benefit" is:

(a) a benefit derived by a close friend, family member, business associate, or a corporation or partnership in which you hold a significant interest, or

(b) a benefit which advances or protects your interests although it may not be measurable in money.

Using the Town of Regina Beach Property and the Town of Regina Beach Information

4.1 You must have authorization from the Council, or from a person the Council designates:

(a) to use, for personal purposes, property owned by the Town of Regina Beach, or

(b) to purchase the Town of Regina Beach property unless it is through channels of disposition equally available to the public. Even then you may not purchase the property without authorization if you are involved in some aspect of the sale.

4.2 You may not take personal advantage of an opportunity available to the Town of Regina Beach unless:

(a) it is clear that the Town of Regina Beach has irrevocably decided against pursuing the opportunity, and

(b) the opportunity is equally available to members of the public.

4.3 You may not use your position with the Town of Regina Beach to solicit any Town of Regina Beach stakeholder for a personal business or one operated by a close friend, family member, business associate or a corporation or partnership in which you hold a significant interest. This duty does not prevent you or anyone else from transacting business with other people connected with the Town of Regina Beach.

4.4 "The Town of Regina Beach information" is information that is acquired solely by reason of involvement with the Town of Regina Beach and which the Town of Regina Beach is under an obligation to keep confidential.

4.5 You may use the Town of Regina Beach information only for Town of Regina Beach purposes.

4.6 You must not use the Town of Regina Beach information for your personal benefit.

4.7 You must protect the Town of Regina Beach information from improper disclosure.

4.8 You must report to the Council, or to a person the Council designates, any incident of abuse of  Town of Regina Beach information.

4.9 You may divulge the Town of Regina Beach information if:

(a) you are authorized by the Council or by a person designated by the Council to release it, and

(b) it is to a person who has a lawful right to the information.

4.10 If you are in doubt about whether the Town of Regina Beach information may be released, you must request advice from the Council or from a person the Council designates.

Rules About Gifts

5.1 You may accept a gift made to you because of your involvement in the Town of Regina Beach in the following circumstances:

(a) the gift has no more than token value

(b) it is the normal exchange of hospitality or a customary gesture of courtesy between persons doing business together

(c) the exchange is lawful and in accordance with local ethical practice and standards, and

(d) the gift could not be construed by an impartial observer as a bribe, pay off or improper or illegal payment.

5.2 You may not use the Town of Regina Beach property to make a gift, charitable donation or political contribution to anyone on behalf of the Town of Regina Beach. Any gift must have the authorization of the Council or a person the Council designates.

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