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CONFLICT OF INTEREST

For Pending Regulations and Policy Matters

A)     Disclosure at Council / Committee Meetings.

When a member of the Council or a subcommittee or his or her family has an interest, financial or otherwise, whether as owner, officer, director, fiduciary employee, consultant or supplier of goods or services in an Article 43-B facility, agency or program, or in any other facility program or activity, the status of which might reasonably be affected by a regulation or policy matter which is before the Council, or when a member has an interest or association which might reasonably be construed as tending to embarrass the Council or Subcommittee or elicit public suspicion that he or she might be engaged in acts in violation of his or her trust, he or she shall, at the time of formal consideration of such regulation or policy matter by the committee, disclose such interest or association to the Council so that the Council is fully aware of such member’s interest or association. 

A Council or subcommittee member who discloses such interest or association may, but shall not be required to, abstain from participation in the discussion of, or vote on, such policy matters at the Council or subcommittee meeting.  The only exception shall be if a specific policy has been approved by the REMSCO for a subcommittee excluding a member from a discussion and/or vote on a matter in which there is a disclosed or known interest or association.

For the purposes of this Article, “family” shall include a spouse, children under 21 years of age, and any other relative in the member’s household.

B)    Disclosure of Council Actions and Possible Conflicts at Council Meetings.

When the Chairperson of any subcommittee which considered a regulation or policy matter reports the committee’s deliberations and recommendations to the committee, the committee Chair shall indicate in the report all interests or associations disclosed by committee members and state how such members voted with respect to the committee’s recommendations. 

A Committee member who discloses such interests or association may, but shall not be required to, abstain from participation in the discussion of, or vote on, such regulations or policy matter at the committee meeting.  The only exception shall be if a specific policy has been approved by the REMSCO for the subcommittee excluding a member from a discussion and/or vote on a matter in which there is a disclosed or known interest or association.

C)    Disclosure and Possible Disqualification.

When a matter is before the committee and a member has any interest or association which might reasonably be construed as tending to embarrass the committee or elicit public suspicion that he or she might be engaged in acts in violation of his or her trust as a Committee member, he or she shall, at the time of formal consideration of such matter by the Committee, disclose such interest or association so that the Chairperson and, if necessary, the Committee can then determine whether his or her participation in the discussion of such matter or the vote of the Committee thereon would be proper. 

The only exception shall be if a specific policy has been approved by the REMSCO for the subcommittee excluding a member from a discussion and/or vote on a matter in which there is a disclosed or known interest or association.

D)    Procedure.

After a motion is made concerning a matter, and prior to discussion or vote, and at the request of the Chairperson, the committee members shall disclose all actual or potential conflicts and, when appropriate, explain the conflicts.  In the case of conflicts constituting Possible Disqualification, the Chair shall rule upon such conflicts subject to appeal by motion to the Committee which may override the Chairperson’s decision by the affirmation vote of a majority of those present, excluding those members who are the subject of the vote.

The only exception to the appeal process shall be if a specific policy has been approved by the REMSCO for the subcommittee excluding a member from a discussion and/or vote on a matter in which there is a disclosed or known interest or association.