1. Statement of Commitment
Acknowledgement of the Code of Conduct : A Statement of Commitment: All elected members to the National Executive shall read the “Principles & Policy on Commitment, Conduct &Conflict of interest” and express their willingness to abide by these ideals both in letter and in spirit. A “Statement of Commitment” (Appendix 1) should be obtained from each member elected or appointed to the National Executive at the first EC meeting that they attend.
2. Disclosure of Conflict of Interests
Full Disclosure of Conflict of Interests : All elected members should read the “Conflict of Interest” principles of the ISCCM and provide a full disclosure of their real or perceived conflicts in a written statement (Appendix 2) at the first EC meeting that they attend.
Updating the Disclosure : Any member of the EC who recognizes the existence of a conflict that has not been previously disclosed should update his Statement of Disclosure as soon as the conflict is identified.
Undisclosed Conflicts : If a member of the EC recognizes the existence of a conflict of interest for the first time during a decision making process, he should disclose it in a written format prior to the discussion of the case.
Confidential Notice :
In the event that the matter to be disclosed is of a confidential or sensitive nature which would cause undue prejudice through open disclosure, then such matters may be disclosed in confidence to the President of the ISCCM or as the President may otherwise delegate. If, after receiving such disclosure the President determines that such matters, in the discretion of the President, are not of a confidential or sensitive nature or that the principles or interests of ISCCM would not be fulfilled without full and open disclosure, then the he shall notify the disclosing individual of same and give such individual the opportunity to make such full disclosure. If the affected individual fails to make such disclosure, it shall then be considered a breach of this policy.
Members’ Obligations: Any member who is aware of undisclosed conflicts related to another member or Office Bearer is obliged to bring it to the notice of the EC.
Requested review of conflicts: Any member of the EC should be able to request a formal review of an individual’s behaviour related to conflict of interest. When such a request is made, the EC should conduct a review and render an opinion.
Members’ Obligations : Any member who is aware of undisclosed conflicts related to another member or Office Bearer is obliged to bring it to the notice of the EC.
Requested review of conflicts : Any member of the EC should be able to request a formal review of an individual’s behaviour related to conflict of interest. When such a request is made, the EC should conduct a review and render an opinion.
3. Interpretation of Conflict of interest
Interpretation : Any conflict which may arise between an individual and the ISCCM shall be resolved in favour of ISCCM's best interest.
Estimation of severity : The EC should also be responsible for determining whether or not an individual member’s particular conflicts of interest are so significant that he/she should not serve on the EC or on its Committees. The criteria for acceptability or disallowance of each case may vary and may include, without limit, those principles considered relevant by the EC.
Classification : After deliberation, the EC should decide if a conflict is significantly likely to compromise the name, status, prestige, goals or other interests of the ISCCM. If it is felt that there is likely to be little effect on these interests the case may be termed “allowable” in contrast to serious breaches that will be “disallowable”.
Concordance of Opinion : All parties must be in agreement as to when a conflict of interest does or does not exist. If there is a disagreement between the EC and the individual member, the position of the EC shall prevail.
4. Remedy for conflict of interest
Remedy for “allowable” conflicts of interest :
In a situation where the disclosed interest is considered allowable:
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The involved member should not participate in voting or decision-making
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The involved member should not use his personal influence to affect decision-making by other EC members
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On occasion, if the EC deems it necessary, the involved member may be encouraged to state his position on the case and answer pertinent questions after having clearly revealed his conflict of interest. For highly sensitive issues, it may be necessary for the individual to leave the room before there is any discussion or vote.
Remedy for “disallowed” conflicts of interest : Where a disclosed interest is determined to be unacceptable by the EC, options include
Informing the EC member of the unacceptability of his conflicting position and requesting him to dissociate himself from that interest
If the EC member is unwilling to dissociate himself from his conflicting interest, actions ranging from a reprimand to suspension from EC. If the person insists on remaining on the EC, the EC must then make a decision related to that person’s continuation of membership. In all such decisions the position of the EC shall prevail.
5. Exceptions
Relief : The following factors alone will not invalidate a relationship between ISCCM and an individual EC member (or an entity in which the individual has an interest):
The fact that the EC member has an interest in such relationship or
The fact that a Member of the EC with an interest in the case or situation attended a meeting at which a decision about the relationship was made
As long as the situation was felt by the EC to be reasonable and fair to ISCCM at the time it was approved, in the absence of the individual involved.
6. Dissemination of these Policies
Dissemination : All members of the National Executive of the ISCCM shall be informed of these policies.
Acknowledgement : Members of the ISCCM National Executive will be required to expressly acknowledge, in writing, their understanding and agreement to these policies and it shall be a condition of the terms of their acceptance to the EC.
Re-Affirmation : These policies shall be re-affirmed annually at a meeting of the National Executive and shall form part of the minutes of that meeting.
Compliance by Others : Members of the National Executive of the ISCCM must use reasonable efforts to ensure that the activities of other EC members comply with ISCCM's principles and policies.
7. Consequences
Reservation of Right : Where an individual fails to disclose a conflict or an interest according to the policy or behaves in a manner that violates the code of conduct, the ISCCM reserves all rights which it may have to deal with the conflict and individual involved.
Consequences : Failure to comply with these policies may lead to disciplinary measures which may include removal from the position the individual holds in ISCCM. In certain circumstances, conflicts of interest may lead to legal claims being made by the ISCCM against the individuals involved.