Content Comparison

...

...

Image Added

...

1. A conflict of interest arises when a Board member’s private or personal interest supersedes or competes with his or her official duties and responsibilities as a member of the Lambton College Board of Governors. This could arise from an actual, potential, or perceived conflict of interest of a financial or other nature. 
2. At the beginning of every Board meeting, the Chair of the Board is to ask and have recorded in the minutes whether any member has a conflict to declare in respect to any agenda item. 
   1. When the agenda item arises in the open portion of the Board meeting, the member(s) with an actual conflict of interest may remain in the room for the duration of the discussion and shall not participate in the discussion or vote on this item. 
   2. The minutes are to record that the member(s) in conflict of interest remained in the room for the discussion and did not participate in the discussion, and did not vote on this item. 
   3. Should the matter occur during the in-camera portion of a meeting, the Board member(s) shall withdraw while the matter is being discussed or voted on and the minutes should reflect this. 
   4. When the conflict of interest is perceived or potential, the Board will determine whether the member or members remain for the discussion and vote on agenda items. The minutes should reflect what takes place. 
3. In cases where a conflict cannot be avoided, a Board member is to declare a conflict of interest at the earliest opportunity and, at the same time, should declare the general nature of the conflict. Where a conflict of interest is declared prior to a Board meeting, the declaration is to be made to the Chair of the Board and the Board is to be informed. 
4. Where a Board member is unsure whether he or she is in conflict, the said member is to raise the perceived potential conflict with the Board, and the Board is to determine by majority vote whether or not a conflict of interest exists. The said Board member must refrain from voting on whether or not a conflict of interest exists. 
5. Where a conflict of interest is discovered after consideration of a matter, it is to be declared to the Board and appropriately recorded at the first opportunity. If the Board determines that involvement of said member influenced the decision of the matter, the Board is to re-examine the matter and may rescind, vary, or confirm its decision. 
6. Any Board member who perceives another member to be in conflict of interest in a matter under consideration is to request a recess of the Board and privately raise this concern with the Chair of the Board. The Chair, in turn, is to discuss the matter with the Board member who is perceived to be in conflict and, as appropriate, to hold further discussion with the reporting governor. If the discussions do not lead to a resolution, the matter is to be brought to the Board and the Board is to determine by majority vote whether or not a conflict of interest exists. The member perceived to be in conflict is to refrain from voting. 
7. Where there has been a failure on the part of a Board member to comply with this policy, unless the failure is the result of a bona fide error in judgment, the Board is to: 
   1. Issue a verbal reprimand; or 
   2. Issue a written reprimand; and/or 
   3. Request that a Board member resign; and/or 
   4. Remove the Board member through processes established in Board by-laws. 
8. Without limiting the general application of the Minister’s Binding Policy Directive on Conflict of Interest, the Board shall recognize the following circumstances as an actual conflict of interest requiring the affected Board member to conduct themselves in accordance with the foregoing section on Procedures (B.1).
   
   1. Regarding the President
      1. Any agenda items relating either directly or indirectly to the President’s compensation, perquisites, and/or benefits. Note: the Board may require certain information from the President to assist their deliberations, but these queries must be of the general nature or relate to providing performance related information concerning the President’s success in meeting agreed to objectives and must not in any way, either directly or indirectly, influence decisions on his or her compensation, perquisites, and/or benefits.
         Regarding Internal Governors: 
   2. Regarding Internal Governors
      1. Agenda items relating either directly or indirectly to collective bargaining and/or compensation and terms and conditions of employment; Note: this would not apply to agenda items that are of a general nature occurring in the open to the public portion of the Board meeting; 
      2. Voting relating to the President’s evaluation or performance review. Note: this does not prevent the Chair or Evaluation Committee asking for their input in preparing the President’s evaluation. 
   3. Regarding the Student Governor
      1. Voting relating to an increase in the tuition fees for the particular program in which the student is enrolled;
      2. Voting relating to the President’s evaluation or performance review; Note: this does not prevent the Chair or Evaluation Committee asking for their input in preparing the President’s evaluation; 
      3. Voting relating either directly or indirectly to collective bargaining and/or compensation and terms and conditions of employment for college staff. Note: this would not apply to agenda items that are of a general nature occurring in the open to the public portion of the Board meeting. 
9. Insignificant Conflicts: This policy does not apply where the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the Board Member. This policy does not apply where the issue is one of general or public information. 

...

Summary of Responsibilities

The Board of Governors is responsible for:

...