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Please affirm that you have read and agree to the Pinellas Continuum of Care's Conflict of Interest Policy, adopted by the Pinellas Continuum of Care on the 6th day of December 2019
1. Pursuant to HUD regulations 24 CFR 578.95, it is required that the CoC adopt a comprehensive Conflict of Interest Policy(ies) which shall govern the CoC Board, its committees and Councils. It is the intent of this Policy to meet this requirement and otherwise be consistent with the Florida law on the issue of conflict of interest to maintain the integrity of the Board members and to provide direction and guidelines to individual members of the Board, its committees and Councils, agencies thereof, consultants thereto and other persons or entities participating in the scope of a decision process. Persons who are subject to this Policy shall generically be referred to as a "Covered Person," and hereafter they shall be collectively referred to as the "Board," which shall include, but not be limited to, all persons who are CoC board members, members of committees, members of Councils and officers and employees of the Homeless Leadership Alliance of Pinellas (HLA).
2. It is the Policy of the CoC that all persons covered by this Policy act only for the benefit of the Board and the people served by the Board and that their participation in the activities of the Board in violation of this Policy does not require that the person actually acted for the benefit of himself or herself or an employer or a third person but that the situation factually leads to a temptation that could encourage such person to act for the benefit of a private person, employer, family member, friend or any other person or entity.
3. For the purpose of this Policy the terms "conflict" or "conflict of interest" mean a a situation in which regard for a private interest tends to lead to a disregard of a public duty or interest. Such term includes all situations that create a temptation for a person to act dishonorably and includes situations in which no wrong is intended or committed.
4. It is intended by this Policy that the persons covered by this Policy be independent and impartial and that any function performed by such person not be used for private gain or benefit for the private benefit of any person or entity employing such person.
5. In the event that Florida Statutes or the requirements of funding organizations have policies or procedures regarding conflict of interest that are more restrictive or limiting than those set forth in this Policy, such more strict rules or policies shall apply to the conduct of a Covered Person. In no event shall the rules or requirements concerning conflict of interest of other entities lessen or void adherence to this Policy
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6. No Covered Person may participate in or influence discussions or decisions concerning the award of a grant, other financial benefit or contract with or any other substantial decision for an organization that the Covered Person is employed by or acting on behalf of for compensation.
7. For the purpose of this limitation, the term "participate" shall mean any and all activities in any way related to a funding decision or other substantive decision whether as a committee member, a Board member or a Council member. Participation involves any activity, including taking part in discussion, staffing, advocating, voting, recommending or any other activity leading to a final decision by the Board or agency of the Board as to a particular funding, contractual relationship, terms and conditions of service or any other matter that either benefits or harms the organization employing the Covered Person or the Covered Person himself or herself.
For the purpose of this Policy the term "influence" shall include all of the activities set forth in the definition of the term "participate, and shall also include any activities by the Covered Person that have or may possibly have the effect of affecting or altering by indirect or intangible means or have an effect on the decision of the Board, or that of any committee, advisor or consultant thereto, or action involving the Covered Person or an organization employing the Covered Person.
8. No Covered Person shall vote as a member of the Board, Council or, a committee or agency thereof upon any measure which would inure to his or her special private gain or loss for which he or she knows would inure to the special private gain or loss to any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, or any other person.
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9. It is the obligation of any Covered Person to make known to the Board, Council, committee or agency thereof as to the existence of any voting conflict then known to the Covered Person including the existence of a conflict of interest and the nature thereof. The written proceedings of the Board, committee or agency thereof shall reflect the announcement of such disclosure. Such disclosures shall be announced at or before the consideration of the matter about which the conflict exists and no further participation of the Covered Person shall occur thereafter. The Covered Person shall not, during the discussion or other resolution of the matter, indicate in any manner whatsoever, either verbally or physically, the Covered Person's opinion concerning the matter under discussion.
A Covered Person with a voting conflict of interest shall announce such conflict at the commencement of a discussion on an agenda item before the Board or before any proceeding on such an item and at a proceeding of a committee or Council or other entity or person providing analysis or are commendation to the Board. A notation of such conflict will be made in any minutes, recording or in any form of memorialization of such meeting. Such disclosure shall contain specific information in the record why the conflict of interest exists.
10. A Covered Person may provide factual information to the Board, committee or agency thereof, during a decision process about which the Covered Person has a conflict of interest only in the event of a direct factual question from a participating Covered Person and shall limited only to specific facts. No advocacy by the Covered Person in such communication shall occur.
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11. If a Covered Person has a question as to whether or not a prohibited conflict of interest exists as to any specific matter of business, such person may contact the Chairperson of the Board to request a legal opinion on such matter. All such opinions shall be issued in writing by the attorney acting on behalf of the Board and shall be appended to the minutes as evidence of such matter where a conflict of interest exists. A conflict of interest coming to the Covered Person's attention during or immediately prior to a meeting may be brought to the attention of the Chairperson at such meeting and, if possible, ruled on by the attorney representing the Board. A written memorandum of such possible conflict shall later be made available and appended, if possible, to an appropriate written document pertaining to such meeting.
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