Peel District School Board
POLICIES AND REGULATION Policy
#8
Conflict of Interest POLICY
Statement
of Policy
The Peel District School Board ("Peel
Board") is committed to safeguarding the public interest and trust in
public education. Peel Board employees and volunteers are expected to uphold
the public trust and demonstrate integrity in all of their dealings.
Conflicts of interest, whether actual, possible
or perceived, may impact on the integrity and public image of the Peel
Board and public education generally.
Employees and volunteers are responsible and
accountable for identifying and avoiding any situations which may present a
potential or actual conflict of interest or be perceived to be a conflict of
interest as between their personal interests and their official duties and
responsibilities as a Peel Board employee or volunteer.
Employees and volunteers are required to disclose any
potential or actual conflicts of interest that could compromise, or be
perceived to compromise, their objectivity and judgement to their immediate
supervisor and/or direct report immediately upon becoming aware of the actual
or potential conflict of interest.
If a conflict arises between the personal or
financial interests of an employee, volunteer and the official duties and
responsibilities of that person, the conflict shall be resolved in favour of
the latter.
Employees and volunteers may be required to excuse
themselves from any duty or transaction where they have, or may appear to have,
a conflict of interest that could compromise, or be perceived to compromise, their
objectivity and judgement.
Scope
This policy applies to Peel Board employees and
volunteers (including student teacher and other volunteer student placements at
Peel Board).
This policy does not apply to Trustees as they are
subject to the policy on conflict of interest set out in the Code of Conduct.
This policy shall in no way relieve any employee or
volunteer from complying with any laws, statutes, regulations, rules, or
applicable standards of professional conduct or practice.
Purpose
The purpose of this policy is to define conflicts of
interest and to advise individuals how to avoid and resolve actual, possible or
perceived conflict of interest situations.
This policy is aimed at enhancing
the standards of integrity and professionalism of all Peel Board employees and
volunteers and at building a positive climate for learning and working together.
Definition of Conflict of Interest
For
the purposes of this policy, a conflict of interest is any situation in which
an individual has a personal or financial interest that may:
·
affect his/her
judgement and/or the performance of his/her duties or responsibilities to the
Peel Board; and/or
·
cause him/her to
act, or appear to act, in a way that is not in the best interests of the Peel
Board; and/or
·
negatively affect
the reputation of the Peel Board in the community.
An
individual is in a conflict of interest when he/she gets, or hopes to get,
personal gain by using his/her position, influence, Peel Board time, resources,
facilities and/or student or staff information.
Personal
gain does not just mean something that an individual gains for him/herself.
Personal gain from a conflict of interest could include something gained for a
friend, family member or a business associate.
An
individual should not have, or be involved in, any direct or indirect personal
or financial interest that would, or could, negatively affect the reputation of
the Peel Board, and/or interfere with his/her independent exercise of judgment
on behalf of the Peel Board.
Without
limiting the generality of the foregoing, conflicts
of interest may include, but are not limited to, circumstances
whereby a Peel Board employee or volunteer:
·
is involved in a
hiring or staff allocation decision when he/she has a close personal
relationship with the applicant or affected staff member
·
supervises or
manages employees with whom he/she has, or has had, a close personal
relationship
·
is responsible
for any student to whom he/she is related
·
is involved in any
business or other outside activity or interest that interferes with his/her regular
duties and responsibilities at, and for, the Peel Board, or uses Peel Board work
time for anything other than Peel Board work
·
uses Peel Board’s
equipment, resources, materials, or facilities in any form whatsoever, in the
pursuit of outside employment, including paid private practice
·
is involved in
purchasing or other supply chain–related activities and accepts gifts or
favours or provides preferential treatment to any bidders or suppliers and/or
publicly endorses suppliers or products
·
is involved in any
business or other outside activity or interest that could create an actual,
possible or perceived conflict of interest, or could adversely affect the reputation
of Peel Board in the community.
See Conflict of
Interest Operating Procedures (HRSS#43) for further information and
guidance regarding specific and possible conflicts of interest and defined
terms.
Duty to Disclose
Peel Board employees and volunteers must report any actual, possible or perceived
conflict of interest that they have, or may have, to their immediate supervisor
and/or direct report at the Peel Board, as soon as they become aware of the
conflict.
Third-Party Disclosures
This policy is not intended in
any way to encourage or condone rumour mongering.
Confidentiality
Any personal information disclosed under this
policy, will be treated confidentially, consistent with the principles
expressed in the Municipal Freedom of
Information and Protection of Privacy Act.Any personal information collected, relevant to a particular conflict of
interest, will be used by the Peel Board for purposes of evaluating the risk of
the conflict of interest and for fashioning an appropriate remedy and for no
other purpose.
In order to adequately address
any disclosed or possible conflicts of interest, it may be necessary for the
immediate supervisor to seek direction and guidance from other members of
management and/or members of staff associations, and or bargaining agents. If such consultation or further discussion is
necessary, the supervisor will advise the affected individual accordingly.
No
Reprisal or Threat of Reprisal
Any reprisal, including a
threat of reprisal, is not acceptable to the Peel Board. Any complaint of reprisal will be
investigated. Committing a reprisal (or
threatening to do so) may result in disciplinary action, up to and including,
termination of employment.
Consequences of Breach
Anyone who engages in activities that contravene this
policy, including failing to disclose a conflict of interest, may be subject to
disciplinary action up to and including termination of employment, and/or other
appropriate sanctions.
The Conflict of
Interest Policy is aligned with and supports the principles and expectations of
the Board Human Rights policy ( #51 ) and Equity and Inclusive Education policy
( # 54). The Conflict of Interest Policy and related policies and procedures
reflect the Peel District School Board’s philosophies and framework, as
outlined in The
Report Card for Student Success, Climate for Learning and Working and The Future We Want;
Manifesting, Encouraging and Respectful Environments (MERE). The
Conflict of Interest Policy incorporates guidelines and specific practices
that, because of their importance, must be administered uniformly throughout
the Peel District School Board.
Approved May 8, 1973
Revised December 1974
Revised July, 1985
Revised September 22, 1987
Revised April 9, 1991
Revised January 1, 1998 (to
reflect change in Board name)
Reviewed January 2000
February 2003
Approved October 25, 2011 (replaces former policy # 8 - Conflict of Interest and Policy #20 – Hiring
of Relatives)