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Policy 40

PLATTEKILL PUBLIC LIBRARY CONFLICT OF INTEREST POLICY 

Adopted: July 12, 2012 Page 1 of 2 (plus attachment) 

Revised: June 11, 2015 

Section 1. Duty of Care, Loyalty & Obedience. 

  1. All members of the Board of Trustees shall exercise that same care that a reasonable person with similar abilities, acumen & sensibilities, would exercise under similar circumstances at all times.  A Trustee, an Officer or employee will undertake to understand all, or substantially all of the consequences of their actions or the omissions of their actions. 

  1. No Officer, Trustee or employee shall engage in, or condone, any conduct that is disloyal, disruptive, damaging or competes with the Library.  No Officer, Trustee or employee shall take any action, or establish any interest, that compromises his/her ability to represent the Library’s best interest. 

  1. No Officer, Trustee or employee shall disobey a majority decision of the Board of Trustees. 

  1. All members of the Board of Trustees, all Officers of the Library and all employees of the Library are hereby bound to Fiduciary Duty for and on behalf of the Library such that the interests of the Library shall remain paramount to any and all of their personal interests whatsoever.  All members of the Board of Trustees, all Officers of the Library and all employees shall exercise their Fiduciary Duty at all times, especially when making a decision on behalf of the Library. 

Section 2. Conflict of Interest.   

  1. A conflict of interest does exist when a matter to be acted upon by the Board of Trustees confers a direct, substantial benefit to any Trustee of the Board, or business or agency from which such a Trustee derives an income or has authority in governance.   

  1. A member of the Board of Trustees shall abstain from voting or attempting to improperly influence the vote or the deliberation on voting on any matter before the Board that places him or her in a conflict of interest.  In fact, the Board member shall not be present during the discussion giving rise to the conflict or potential conflict.  Said board member shall disclose the conflict or potential 

PLATTEKILL PUBLIC LIBRARY - CONFLICT OF INTEREST POLICY 

Adopted: July 12, 2012 Page 2 of 2 (plus attachment) 

Revised: June 11, 2015  

conflict as soon as he/she recognizes the conflict by notifying the Board at an Executive Session at a Regularly Scheduled Meeting or a duly called Special Meeting.  If self-disclosure is not revealed, the Board President or any member of the Board of  Trustees can, prior to voting on a specific matter in which a potential conflict of interest exists, inquire whether any member of the Board desires to abstain from voting because of a conflict of interest.  If no conflict of interest is disclosed but the President or any other member of the Board states the opinion that such a conflict exists and the challenged Board member refuses to abstain from the deliberations or voting as requested, the President shall immediately call for a vote of the Trustees to determine whether the challenged Trustee is in a conflict of interest.  If a majority of the Trustees present vote to require the abstention of the challenged Trustee, that Trustee shall nor be permitted to vote. 

  1. The existence and resolution of the conflict must be documented in the Plattekill Public Library’s minutes of any meeting at which the conflict was discussed or voted upon.   

  1. Each member of the Board of Trustees shall annually sign the Code of Ethics as developed by the Board, which shall further explain the expected duties of all Board members and the methods to exercise their obligations under this policy.  

  1. The Library is dedicated to the development of a strong nonprofit sector and representatives of that sector may sit on its Board of Trustees and still qualify for services offered by the Library. Participation as a member of the Board does not preclude an organization that the Board member is affiliated with from receiving services.  Affiliation includes, but is not limited to an organization for which the board member is employed by, or is a member of its Board of Trustees.  The receipt of services or the potential of receiving services may, however, constitute a conflict of interest from time to time as defined herein.  In the event that such a conflict of interest is determined to compromise the individual Board member’s ability to represent the Library’s best interest regarding a specific issue or action before the Board, the procedures stated in the Section are in force. 

PLATTEKILL PUBLIC LIBRARY 

DISCLOSURE OF CONFLICT OF INTEREST FORM 

Adopted: July 12, 2012 Page 1 of 2 

Revised: June 11, 2015 

PLEASE CIRCLE ‘YES’ OR ‘NO’ AND ANSWER AS APPROPRIATE. 

  1. Have you had a direct or indirect business relationship during the past fiscal year or current year with the Library through ownership of more than 35%, with any person who is a current or former Officer, Trustee, Director or key employee of the Library?  

Yes (please describe below) No 

__________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

__________________________________________________________________ 

  1. Do you have a family member who had a direct or indirect business relationship with the Library during the past fiscal year or current year?  

Yes (please describe below) No  

__________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

__________________________________________________________________ 

  1. Did you serve as an Officer, Trustee, Director, key employee, partner or member of an entity (or a shareholder of a professional corporation) that did business with the Library during the past fiscal year, is currently or may be doing business in the current fiscal year?  

Yes (please describe below) No  

__________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

__________________________________________________________________ 

PLATTEKILL PUBLIC LIBRARY - DISCLOSURE OF CONFLICT OF INTEREST FORM 

Adopted: July 12, 2012 Page 2 of 2 

Revised: June 11, 2015 

4. Did you have during the past fiscal year, have currently or anticipate having conflicts as defined in the bylaws that has not been previously disclosed herein?  

Yes (please describe below) No  

Nature of Conflict(s):  

__________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

__________________________________________________________________ __________________________________________________________________ 

Certification  

I, the undersigned, certify that I have read and understand the code of ethical conduct of the Library.  I agree that my actions will fully comply with the statements and intent of the code of ethical conduct.  I affirm that neither I, nor any member of my family or household has had an interest or taken any action which counters the conflict of interests policies of the organization or impedes my ability to act as a fiduciary and in the best interests of Plattekill Public Library, except potentially those interests or actions as stated and fully disclosed above.  

Name _____________________________________ 

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Position____________________________________ 

Signature __________________________________ 

Date