CONFLICT OF INTEREST POLICY

 

ARTICLE I 

BACKGROUND, PURPOSE AND OBJECTIVES

All Colleagues of Amended GUARDIANS Brotherhood International, Incorporated (CAGBII) leaders have an obligation to make decisions and conduct affairs of the organization based, first and foremost, upon the desire to promote CAGBII and its mission. A conflict of interest is present when a person in a position of authority over an organization, such as an elected officer, appointed officer, or adviser, may enjoy a financial benefit from a decision he or she could make in his or her organizational capacity. This may include indirect benefits, such as to family members or businesses with which the person is closely associated.

The purpose of this Conflict of Interest Policy is to protect CAGBII’s interests when it is contemplating entering into a transaction or arrangement that might benefit the private interests of an Elected Officer, Appointed Chairpersons or Advisers of CAGBII that might result in a possible excess benefit transaction. 

Additionally, the policy has the following objectives:

a. To foster and sustain trust in CAGBII and its leadership;
b. To educate leaders on what constitutes a conflict of interest or might create the appearance of a conflict of interest;
c. To set standards for full disclosure of professional and relevant personal activities and relationships that creates a conflict of interest or the appearance of a conflict of interest;
d. To remedy and resolve conflicts of interest per CAGBII’s conflict management options; and
e. To encourage leaders to remain aware of and take initiative to manage, disclose, and resolve conflicts of interest appropriately.

ARTICLE II 
SCOPE

1. CAGBII Elected Officers - CAGBII Elected Officers are expected to devote their primary professional loyalty, time, and energy to achieving CAGBII’s goals and meeting its objectives. External activities conducted by CAGBII Elected Officers should be of such nature as to promote the goals and objectives of CAGBII and to avoid any activity that might impede reaching those goals. External activities must not distract significantly from elected officers’ responsibilities and must neither require excessive commitments of time nor compromise any properties owned by CAGBII.

2. Committee Chairmen and members of Policy-setting Committees - Appointed Committee Chairs and members must be reasonably informed about the organization’s activities, participate in decisions, and act in good faith in their role as stewards. They must comply with applicable laws and be faithful to the organization’s mission and by-laws. They should often rely on experts to help provide the information they require to be accountable as stewards and must be accountable to the organization.

3. CAGBII Advisers - CAGBII Advisers are expected to serve their leadership term for the benefit of CAGBII. This can be achieved only by assuring that decisions are made in an environment in which conflicts are managed appropriately. The existence of a conflict of interest, commitment or conscience does not in itself constitute unethical behavior – many complex and contemporary duties might be in conflict without malign intent.

ARTICLE II 

DEFINITION OF TERMS

1. The term "Leaders" shall be used in this policy to refer to three groups: 

a. CAGBII Elected Officers;
b. Committee Chairs and General Committee Members when their particular committees are empowered or charged with making CAGBII policy or ethics recommendations; and
c. Advisers. 

2. Conflicts of Interest - A conflict of interest may arise when a leader has a role, investment or obligation, or receives compensation or other benefit from, another organization or entity, and where that relationship might bias decisions made on behalf of CAGBII or suggest that the leader’s loyalty is divided between CAGBII and the other organization. A "competing interest" might arise in a transaction between CAGBII and a third party, or from a leader’s volunteer or paid relationship with a third party, which may compromise the leader’s ability to provide unbiased loyalty to CAGBII. This policy sets no monetary threshold for a conflict of interest. The CAGBII COI policy extends to CAGBII leaders’ spouses, domestic partners, parents or children.

3. Conflicts of Commitment - While financial conflicts of interest often receive the greatest attention, other kinds of conflicts might pose equally serious risks to objectivity and impartiality. Conflicts of commitment are usually not financial and do not generally involve gifts or other tangible benefits. Conflicts of commitment are usually not financial and do not generally involve gifts or other tangible benefits. A leader has a conflict of commitment if s/he has or believes s/he has duties or obligations to more than one entity, goal, or outcome, or has personal, social, political, or professional hopes for a particular outcome or result and these duties detract or distract one from meeting CAGBII duties.

4. Conflicts of Conscience - A conflict of conscience might arise when an CAGBII leader has a personal, social, moral or political beliefs, or professional hopes for a particular outcome or result, that diverge from official CAGBII positions or positions under consideration. Conflicts of conscience can arise when one’s relationships, social, moral or political views are related to one’s CAGBII duties.

ARTICLE IV 

POLICY PROCESS

CAGBII requires that it’s elected officers and those officers who are authorized to sign checks, invoices, contracts, or other binding documentation should sign a Conflict of Interest Disclosure form that aids in maintaining a bias-free decision-making process.

The Committee Chairs, Members of Policy-setting Committees and Advisers have an obligation to understand and implement this Conflict of Interest policy and adopt procedures in accordance with it.

1. Self-Disclosure Expectations and Process

In order to address any potential conflicts of interest proactively, all CAGBII Leaders defined in this policy are required to complete and submit a Conflict of Interest Disclosure Form. Candidates for elected leadership positions will be required to complete a Disclosure form prior to election. Newly appointed or employed leaders will be required to complete the Disclosure form within three months of their appointment or employment. The Leaders also must update the Disclosure form if any material changes or additions to the submitted information arise during the course of their bi-annual term as officers.

Please see attached Disclosure form wherein leaders must list all financial transactions with any organization, whether the leader or any family member of the leader has an interest in any third parties providing goods or services to the organization, and any other (nonprofit or for-profit) organizations with potentially conflicting interests in which the leader or any family member of the leader is actively involved and has a significant investment.

2. Process for Adjudicating Conflicts

The Legislative Committee will oversee CAGBII’s Conflict management process. The Legislative Committee represents the interests of CAGBII members and is in-charged to: 

a. Encourage all leaders to report their Conflicts;
b. Address members’ questions or concerns regarding reported Conflicts;
c. Address leaders’ concerns or questions regarding Conflict reporting; and
d. Review, adjudicate, and approve the summarized Conflict and resultant management plans prior to publication on the CAGBII group page.

An initial determination as to whether a particular outside transaction or relationship may constitute an actual, potential or apparent conflict shall be made by CAGBII’s Legislative Committee. This determination shall be made in any circumstance in which a potential conflict of interest is identified either by an individual leader (through self-disclosure) or by another party. If the Legislative Committee believes that a particular relationship or transaction may represent an actual, potential, or apparent conflict of interest, it shall first request additional information from the leader detailing the nature of the relationship or transaction.

When evaluating whether a particular transaction or relationship constitutes an actual, potential, or apparent conflict of interest, the Legislative Committee shall consider the following factors: 

a. Abusing one’s role as a leader for personal or third-party gain or pleasure (including, but not limited to, the solicitation or acceptance of gifts or other items of value or indirect inducement to provide special treatment on organization matters).
b. Demonstration of conflict of commitment.
c. Placing one’s own self-interest, the interest of one’s company, organization, university or another entity, for which the individual serves in a leadership, employment, or ownership capacity, or the interest of any third party above that of CAGBII.
d. Engaging in any outside business, professional or other activities that would directly or indirectly adversely affect CAGBII.
e. Providing goods or services to CAGBII as a paid vendor.

If the Legislative Committee determines that a particular relationship or transaction represents an actual, potential, or apparent conflict of interest, it shall recommend management or resolution of such actual, potential, or apparent conflict. The recommendations of the Legislative Committee then go to the CAGBII National Executive Council for review and approval.

ARTICLE V 

COMPLIANCE WITH THIS POLICY

If the Legislative Board has a reason to believe that a person subject to the policy has failed to comply with it, it will investigate the circumstances.

If it is found that this person has failed to disclose a conflict of interest, the Legislative Board may take action against them. This may include seeking to terminate their relationship with CAGBII.

This policy was adopted by CAGBII on the 3rd day of September, 2017, at Barangay Banga 1st, Cabyawan, Plaridel, Bulacan in a duly constituted meeting at which a quorum was present.

CONFLICT OF INTEREST DISCLOSURE FORM

Note: A potential or actual conflict of interest exists when commitments and obligations are likely to be compromised by the leader’s other material interests, or relationships (especially economic), particularly if those interests or commitments are not disclosed. 

This Conflict of Interest Form should indicate whether the leader(s) has an economic interest in, or acts as an officer or a director of, any outside entity whose financial interests would reasonably appear to be affected. The leader(s) should also disclose any personal, business, or volunteer affiliations that may give rise to a real or apparent conflict of interest. Individuals with a conflict of interest should refrain from nominating a condition for any screening or considerations. 
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Date: ________________ 

Name: ____________________________________ 

Position: ____________________________________

Please describe below any relationships, transactions, positions you hold (volunteer or otherwise), or circumstances that you believe could contribute to a conflict of interest:

   [    ]      I have no conflict of interest to report.

   [    ]      I have the following conflict of interest to report (please specify other nonprofit and for-profit boards you (and your spouse) sit on, any for-profit businesses for which you or an immediate family member are an officer or director, or a majority shareholder, and the name of your employer and any businesses you or a family member own:


1. ________________________________________________________________________

2. ________________________________________________________________________

3. ________________________________________________________________________

4. ________________________________________________________________________

5. ________________________________________________________________________

6. ________________________________________________________________________


I hereby certify that the information set forth above is true and complete to the best of my knowledge.


Signature: ___________________________ 

Date: _______________ 


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II. REPRESENTATION POLICY

CAGBII POLICY REGARDING SPEAKING ON BEHALF OF OR REPRESENTING THE ORGANIZATION
CAGBII is participating in a growing array of non-governmental-related activities relevant to national and international issues. With CAGBII’s increased visibility and involvement in these issues, opportunities and requests to share and disseminate information reflective of CAGBII work and/or positions will relatively increase. The responsibility for official CAGBII documents, statements, policy, and guidelines remains with the National Executive Council, who will represent CAGBII members.

In matters that require an immediate response, the responsibilities and decisions rest with the elected and appointed custodians of CAGBII’s reputation (the National Executive Council) and its designee (the Chairman, ICNFs and CNFs). The task force is aware that due to time pressures related to the need to respond to requests for comments, the input of CAGBII designees sometimes may be limited, however CAGBII elected officials will to deliver the highest quality statement given the restraints of the individual situation. This may mean that in complex matters with limited time CAGBII may elect not to go on record with an opinion.

1. IDENTIFICATION AS CAGBII MEMBER 
CAGBII encourages individuals to identify themselves as CAGBII members when they make public comments/statements/presentations on their own behalf. CAGBII also encourages individual members to use the CAGBII logo in their presentations. Individuals may not imply that they represent the views of CAGBII, nor may they use any CAGBII office or position to directly or indirectly imply CAGBII endorsement/approval.

2. PROPOSALS FOR ENDORSEMENTS AND PUBLIC STATEMENTS

CAGBII Groups may wish to make endorsements or public statements on issues of importance to them. In order to do so the group must assure that the statement is consistent with the officially stated positions and policies of CAGBII and prove that the statement meaningfully represents the entire group that is associated with the statement.

The CAGBII National Executive Council is responsible for the operational support of gathering a majority vote of any CAGBII group. Votes will be emailed to all eligible members and will be collected and tallied by the CAGBII National Headquarters office. Meaningful representation of a group will be considered to be a simple majority of number of votes cast with at least 50% of the eligible members voting.

All such proposals are subject to review by the Legislative Committee. In addition, if a set of at least 10 CAGBII members identify a proposed statement as controversial, then the statement is subject to further review and approval by the National Executive Council.

In the event that a CAGBII Group is a member of another umbrella organization, the group is still subject to the procedure and any statement that is published by the umbrella organization requires CAGBII approval before it can be labeled as an official CAGBII statement.

3. REVIEW PROCESS

All such proposed statements by CAGBII Groups are subject to advance review and approval by the Legislative Committee, which is charged with making recommendations to the National Executive

Council regarding policy positions. The recommendations of the Legislative Committee are subject to review and approval/reversal/refinement by the National Executive Council.

4. STATEMENTS ADVOCATED BY INDIVIDUAL MEMBERS 

Only the Chairman, ICNFs and CNFs, or their officially designated designee may make statements on behalf of CAGBII, subject to the operational model of the organization. Members who want to advocate positions to be taken publicly by CAGBII must channel such positions through the NHQ or its Qatar extension, which then coordinates with the Legislative Committee for consideration. Final approval for endorsement, after a recommendation by the committee, is by the National Executive Council.
5. IMMEDIATE RESPONSE

In the event that a statement or response is urgently requested by an individual member or group, such opportunities must be brought to the attention of the NHQ or its Qatar extension office at the earliest opportunity. If a response is deemed to best interest of CAGBII and its members (as decided by the Chairman, ICNFs and CNFs), the member or group may propose a statement to the Chairman, who may elect to endorse such a statement if it is consistent with the officially stated positions and policies of CAGBII. If time and resource availability allows, the CAGBII office and members of the Legislative Committee may assist in formulating the statement or response. All endorsed statements will be reviewed by the Legislative Committee and National Executive Council if necessary retrospectively.

6. OTHER ENDORSEMENTS AND REPRESENTATION

Appointments of CAGBII members as official CAGBII liaison to outside entities can be made only by the National Executive Council. Official liaisons may communicate CAGBII’s officially documented statements and policies and comply with the approval process as defined in this policy before communicating any and all new and/or ad-hoc statements in which they are sought to represent CAGBII’s position. CAGBII members who are participating at any CAGBII official policy event may represent the views of CAGBII as detailed in briefing materials and talking points available at that particular event.

7. PRE-PUBLICATION AND MEMBER AWARENESS

CAGBII will strive (to the extent possible) to pre-publish public statements to interested members. Such a mechanism will provide members with awareness of new or revised/updated statements by CAGBII, before such statements are released to the media, and may provide an additional opportunity for review by individual members. This is not intended as an approval mechanism, but is designed to allow CAGBII to raise awareness of forthcoming public statements in a timely manner and solicit member feedback.

The CAGBII National Executive Council is grateful for the work the representation task force members put into reviewing CAGBII’s policies and clarifying existing process, eliminating ambiguous language, and reducing the potential for misunderstandings through the public release of materials under the CAGBII name.

III. REIMBURSEMENT POLICY

CAGBII recognizes that volunteer time and contributions are vital to our success and achievement. In CAGBII’s role as a non-profit organization, the association strives to be fiscally prudent. CAGBII reimburses for reasonable expenses incurred while conducting business or performing services on behalf of the association, as authorized by the Chairman and the National Executive Council and approved in advance for performing any business. CAGBII has developed a reimbursement policy for those who may need assistance to allow them to participate in certain association activities.

CAGBII will reimburse approved expenses related to association activities for Elected Officers, Appointed Chairmen and co-chairmen, Advisers and members as outlined in this reimbursement policy. Any departure from this policy must be approved in advance by the CAGBII National Executive Council.

If you need to seek reimbursement, you must provide a written detail of the cause of reimbursement, submit the receipts as proof of the consummation and submit it within 30 days of the qualified purchase. In order to receive reimbursement, the written detail along with all itemized receipts (copies or originals) must be included. If expenses are for more than the one person, please include the name of each additional person along with the receipt (for example, a group dinner or joint taxi ride). Reimbursement forms not accompanied by itemized receipts will not be processed.


GROUND TRANSPORTATION ALLOWANCE

Transportation to and from elsewhere – Elected Officers, Appointed Chairmen and co-chairmen, Advisers and members are expected to use the most cost effective means of travel when ground transfers are made taking into account the time of day, convenience, and personal safety. This would include public transportation and coordinated taxi rides when practical.

Meal Allowance

CAGBII will reimburse reasonable meal costs for travel to and on the day of the meeting. Elected Officers, Appointed Chairmen and co-chairmen, Advisers and members are expected to take advantage of group meal functions and will not be reimbursed for personal meal costs when a group function is provided.

Expenses Not Reimbursed

CAGBII does not reimburse for telephone calls, internet services, baggage services, valet services, laundry or cleaning services, club fees, in-room entertainment, movies, mini-bar charges, or any other personal expense.



JOEY "NF DALE" L. ALLADO
Legislative Chairperson, CAGBII
National Executive Council