CONFLICT OF INTEREST POLICY
OF THE
ITALO-GREEK ORTHODOX ARCHDIOCESE OF THE AMERICAS AND CANADA
Purpose
The purpose of the following policy and procedures is to prevent the personal interest of Council members, staff members, and volunteers from interfering with the performance of their duties to the Italo-Greek Orthodox Archdiocese of the Americas and Canada, or which result in personal, financial, or professional gain on the part of such persons at the expense of the Italo-Greek Orthodox Archdiocese of the Americas and Canada, its members, benefactors, supporters, and other interested parties.
Definitions
Conflict of Interest:
Conflict of Interest means a conflict, or the appearance of a conflict, between the private interests and official responsibilities of a person in a position of trust. Persons in a position of trust include bishops, priests, deacons and other clergy, staff members, officers, council members, trustees, committee members and volunteers of the Italo-Greek Orthodox Archdiocese of the Americas and Canada.
Council Members:
The term “Council Members” refers to members of the Metropolitan Council, Archdiocesan Pastoral Council, the Archdiocesan Finance Council, the Presbyteral Council, the Diaconal Council, the Monastic Council, and other councils and committees of the Archdiocese, as well as its parishes, missions, monasteries, institutions, and all other organizations and entities over which it has control either directly or indirectly.
Officer:
For the purpose of this policy, “Officer” shall mean the officers of the Metropolitan Council, the Archdiocesan Pastoral Council, the Archdiocesan Finance Council, the Presbyteral Council, The Diaconal Council, the Monastic Council, the Metropolitan, the Vicar General, the Chancellor, and the heads of the Consistory, and the Metropolitan Dicastery, and all other Dicastery, Viacriate, Department, and Office heads, as well as those of all parishes, missions, monasteries, institutions, societies, and organizations directly or indirectly controlled by the Archdiocese.
Volunteer:
Volunteer means a person – other than an officer or staff member – who does not receive compensation for services or expertise provided to the Italo-Greek Orthodox Archdiocese of the Americas and Canada and retains a significant independent decision-making authority to commit resources of the Archdiocese.
Staff Member:
Staff member means a person who receives all or part of his/her income from the payroll of the Italo-Greek Orthodox Archdiocese of the Americas and Canada.
Policy
No person shall originate, participate in, or vote on any transaction involving the Italo-Greek Orthodox Archdiocese of the Americas and Canada in which such person has a Conflict of Interest.
A person will be deemed to have a Conflict of Interest if he/she or a related party has a material financial interest in or is affiliated with any entity that proposes to enter into any transaction or business with the Archdiocese or if such person would otherwise materially benefit, directly or indirectly, from the transaction.
Practices
Full disclosure, by notice in writing, shall be made by the interested parties to the Archdiocesan Pastoral Council in all conflicts of interest, including but not limited to the following:
- An individual is related to another individual within the organization by blood, marriage, or domestic partnership.
- A staff member in a supervisory capacity is related to another staff member whom he/she supervises.
- A Council member, staff member, or volunteer or their organization or business stands to benefit from a transaction with the Italo-Greek Orthodox Archdiocese of the Americas and Canada.
- A Council member or staff member is a member of the governing body of a contributor to the Italo-Greek Orthodox Archdiocese of the Americas and Canada
- A staff member working for the Italo-Greek Orthodox Archdiocese of the Americas and Canada who meets any of the situations or criteria listed above.
- A volunteer working on behalf of the Italo-Greek Orthodox Archdiocese of the Americas and Canada who meets any of the situations or criteria listed above.
Following full disclosure of a possible conflict of interest or any condition listed above, the Metropolitan Council, in consultation with the General Counsel of the Archdiocese, shall determine whether a conflict of interest exists and, if so, the Council shall vote to authorize or reject the transaction or to take any other action deemed necessary to address the conflict and protect the Italo-Greek Orthodox Archdiocese of the Americas and Canada’s best interests. Both votes shall be by a majority vote without counting the vote of the interested individual, even if the disinterested Council members are less than a quorum, provided that at least one consenting director is disinterested.
A non-paid (volunteer) Council member or Committee member who is formally considering employment with the Archdiocese must take a temporary leave of absence until the position is filled. Such a leave will be taken within the Council member’s elected term, which will not be extended because of the leave. A Council member or Committee member who is formally considering employment with the Archdiocese must submit a written request for a temporary leave of absence to the President of the Metropolitan Council at the Chancery Office, indicating the time period of the leave. The President of the Metropolitan Council. through the Council Secretary, will inform the other members of the Council of the request. The President of the Metropolitan Council will convene a meeting of the Council to consider and act on the request within 14 business days of having received the request. The request and any action taken shall be reflected in the official minutes of the Metropolitan Council.
An interested Council member, officer, staff member, or volunteer shall not participate in any discussion or debate of the Council or of any committee or subcommittee thereof in which the subject of discussion is a contract, transaction, or situation in which there may be a perceived or actual conflict of interest. However, they may be present to provide clarifying information in such a discussion or debate unless objected to by any present member of the Council.
Anyone in a position to make decisions about spending financial or other resources of the Italo-Greek Orthodox Archdiocese of the Americas and Canada – who also stands to benefit from that decision – has a duty to disclose that conflict as soon as it arises (or becomes apparent); he or she should not participate in any discussion, debate, or the making of decisions. Failure to make the necessary disclosure will be grounds for immediate dismissal from service or employment with the Archdiocese.
A copy of this policy shall be given to the members of all Councils, staff members, volunteers, or other key persons upon commencement of such person’s relationship with the Italo-Greek Orthodox Archdiocese of the Americas and Canada or at the official adoption of such stated policy. Each Council member, officer, staff member, and volunteer shall sign and date the policy at the beginning of his/her term of service or employment and each year thereafter. Failure to sign does not nullify the policy or relieve or exempt any individual from the obligations and provisions of the policy.
This policy and disclosure form must be filed annually by all specified parties.
Implementation Procedure
To effectuate this policy, each person shall disclose to the Metropolitan Council, and the Metropolitan, any conflict of interest such person or a related party has regarding any transaction or matter to be considered by the Archdiocese. On an annual basis, each person shall submit a disclosure list on which the person identifies all entities in which such person or a related party is an employee, officer, director, or consultant or in which the person or a related party has a material financial interest. With respect to members of a person’s family living outside the household, the person shall disclose such conflicts of which he/she has actual knowledge. In addition, the person shall annually sign a statement affirming that he/she has read this policy, agrees to comply with the policy, and acknowledges he/she is not aware of any violations or discloses any known violations.
Recusal
A Council member shall recuse himself/herself from the Council’s deliberations regarding any matter in which the Council member has a Conflict of Interest unless the President or Chairman of the Council determines that recusal is unnecessary in the particular instance.
EMPLOYEE CONFLICT OF INTEREST DISCLOSURE FORM
This form must be filed annually by all specified parties, as identified in the Italo-Greek Orthodox Archdiocese of the Americas and Canada Conflict of Interest Policy Statement (ratified by the Metropolitan Council on April 28th, 2007).
I, the undersigned, do solemnly swear and affirm that:
_____ I have no conflict of interest to report
_____I have the following conflict of interest to report (please specify):
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
In witness whereof, I have affixed my signature and acknowledge my understanding of the implications and consequences of this policy.
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Signature
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Printed Name
______________________________
Date
