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Conflict of Interest


Purpose

The purpose of FLR's Conflict of Interest Policy is to raise awareness, re-affirm our “culture of openess and transparency,” and protect FLR's reputation and integrity.  This policy reuires that all members of the FLR Leadership Team (henceforth referred to as “Members”) are to act in the best interest of FLR, and that Members with a conflict, or who think they may have a conflict, are to disclose the conflict/potential conflict promptly.  

Failure to adhere to this policy may result in either a real or apparent conflict of interest for FLR.  This can be especially problematic in the nonprofit, animal-rescue domain when Members have significant relationships with other nonprofit or for-profit organizations whose  products, services, or businesses are related to the goals of FLR.

This policy was developed in part fulfillment of our fiduciary duties, per IRS rules and regulations regarding 501(c)3 organizations.  It is divided into the following sections:  Purpose, Definitions, Examples, Procedures, Violations. 

Definitions

Leadership Team

Members of the Leadership Team are those in positions in top two levels of the FLR Organizational Chart.  These positions include the Board of the Directors, all Coordinators, the Administrative Assistant, and the Photographer.  The only position in the second level of the Organizational Chart that is not a Member is the Accountant, as the services he/she provides are outside of FLR's daily operations. 

Conflict of Interest

A conflict of interest concerns a Member who has a barrier that prevents them from being impartial and loyal to FLR. Conflicts can arise from personal, professional, or volunteer positions or relationships.  Conflicts can be any commitment, investment, relationship, obligation, or involvement, financial or otherwise, that may influence a Member’s judgment as he/she discharges FLR-related duties.  A conflict may occur when a Member's obligations to FLR are at odds with their own (possibly financial) interests. 

Apparent Conflict of Interest

An apparent conflict of interest is a situation that causes a third party to question whether a Member can be objective and impartial because of a competing interest in which the Member may have dual allegiance. 

Interested/Disinterested Members

An interested Member is one with a (potential) conflict of interest.  A disinterested Member has no involvement with the conflict.

Examples

This section lists activites that are prohibited and activities that are considered acceptable.  The two lists below are not comprehensive and are included only as examples. 

Members are prohibited from:
  • Serving in a leadership capacity for another rescue organization, where "leadership capacity" is determined by the FLR Board of Directors.
  • Providing one of the two non-family references required for the adoption and/or foster application.
  • Soliciting or accepting gratuities, favors, or anything of monetary value from contractors/vendors (this does not preclude legitimate FLR fundraising activities).
  • Receiving personal loans from FLR.
  • Using their positions to gain influence for personal gain.
  • Entering into transactions that are in direct conflict with FLR's best interests.
  • Participating in the selection, award, or administration of a purchase or contract with a vendor where any of the following individuals has a financial interest in that purchase or contract:  FLR Member, any member of the Member's immediate family, the Member's partner, an organization in which any of the above is an officer, director or employee, or a person or organization with whom any of the above individuals is negotiating or has an arrangement concerning prospective employment.
  • Benefiting financially, personally or otherwise from FLR events or activities.  (See the two fundraising-related exclusions below).
Members are allowed to:
  • Participate in, and provide input to, the adoption approval process. 
  • Create fundraising campaigns in which products are sold to raise money for FLR, even if the Member benefits from the sale of said products. 
  • Hold fundraising activities at locations in which the Members (or their families) have an interest.
  • Donate to any charitable organization of their choosing.
  • Foster and/or volunteer (in a non-leadership capacity) for the organization of their choosing.

Procedures

Disclosure

The Member with a conflict (or potential conflict) shall notify the FLR Compliance Officer (the Administrative Director currently serves in this capacity) promptly.  If the Administrative Director has the conflict, he/she shall notify the Executive Director.

Conflict Management

The FLR Board of Directors shall determine if a conflict of interest exists, and the measures needed to address the conflict and protect FLR's interests by following the procedures below. 

Review by the Board of Directors

The Board may ask questions of and receive presentation(s) from the interested Member(s) and any other interested person(s), but shall deliberate and vote on the conflict in their absence.  If the conflict is a transaction into which FLR is considering entering, the Board may also investigate alternatives that present no conflict as part of the review.  The Board will determine if all material facts regarding the conflict of interest have been disclosed, and if so whether entering into the transaction is in FLR’s best interest.

Recording the Proceedings

The minutes of any meeting of the Board pursuant to this policy shall contain:

  • The name of each Member who disclosed or was otherwise determined to have an interest in a transaction
  • The nature of the interest and whether it was determined to constitute a conflict of interest
  • Any alternative transactions considered
  • The members of the Board who were present during the deliberations on the transaction, those who voted on it, and to what extent interested persons were excluded from the deliberation
  • Any other information obtained and relied upon by the Board and how that information was obtained
  • The result of the vote, including, if applicable, the terms of the transaction that was approved and the date it was approved

Annual Disclosure and Compliance Statements

Annually, Members will complete and submit the Conflict of Interest Disclosure Form.  This will be done in  December of each calendar year.  This form affirms that the Member has read and understands the Conflict of Interest Policy and agrees to comply with the policy.  The form also gives Members the opportunity to disclose any financial interests and all relationships which may influence the way Members carry out their FLR-related responsibilities and create conflicts of interest.

Annual Reviews

To ensure that FLR operates in a manner consistent with its status as an organization exempt from federal income tax, the Board shall authorize and oversee an annual review of the administration of this Conflict of Interest Policy.  The review may be written or oral.  The review shall consider the level of compliance with the policy, the continuing suitability of the policy, and whether the policy should be modified and improved.  This review will be performed after the annual disclosure statements have been received and reviewed. 


Violations

If the Board of Directors has reasonable cause to believe that  Member has failed to disclose actual or possible conflicts of interest, including those arising from a transaction with a related interested person, it shall inform the Member of this belief (and how it was reached), and give the Member the opportunity to explain the alleged fairlure to disclose.  If, after hearing the Member’s response and investigating further if warranted by the circumstances, the Board determines that the Member has failed to disclose an actual or possible conflict of interest, the Board shall take appropriate disciplinary and corrective action.

 

Adoption of the Conflict of Interest Policy

We, the undersigned, are all the initial Directors of Fierce Love Rescue, and we consent to, and hereby do, adopt the Conflict of Interest Policy, adopted and approved by the Board of Directors on this 9th day of March, 2019.

Jennifer Yanavitch, Executive Director

Rachel Johnson, Assistant Executive Director

Cassie Dikeman, Medical Director

Rachel Olivieri, Marketing Director

Susan Keenan, Administrative Director