PHILADELPHIA YEARLY MEETING CONFLICT OF INTEREST / DUAL LOYALTY POLICY
ANNUAL DISCLOSURE STATEMENT
Approved by Administrative Council, September 21, 2019
“Friends decision-making is rooted in the spiritual oneness of a religious community…Our process is democratic in the sense that everyone is encouraged to participate. However, it also goes beyond democracy in that it does not rely solely on human will or ability. Participants are expected to put aside personal desires and allow themselves to be led by a Guide beyond the self…The act of choosing is inescapably religious, in that it reveals our fundamental values and deepest loyalties. Friends must, therefore, be rigorous in discerning the ultimate source of their leadings, always looking beyond the self, and never letting their own wills become a substitute for God.”
– Faith & Practice, Philadelphia Yearly Meeting of the Religious Society of Friends, 2002
INTRODUCTION
At Philadelphia Yearly Meeting (PYM), we recognize the tremendous efforts of our members to set aside their own will to be Divinely led while seeking Truth and making decisions. We also recognize that much of this effort occurs within each member, potentially unseen or unrecognized by others.
Because Clerks, treasurers, members of the governing councils, and their respective appointed committees, subcommittees, and granting groups (each, an “authorizing body”) serve PYM, they have an obligation to exercise reasonable care when making decisions as stewards of PYM. All decisions by authorizing bodies are to be made solely on the basis of a desire to promote the best interests of PYM and its members.
Since members of the authorizing bodies are inevitably involved in the affairs of other institutions and organizations that have dealings with PYM, those relationships and affiliations can raise questions about perceived conflicts of interest / dual loyalty with their obligations to PYM. Although many such potential conflicts are and will be deemed inconsequential, openly disclosing any conflict of interest / dual loyalty, or the potential perception of a conflict of interest / dual loyalty, will provide a foundation for transparency and credibility in decision-making.
A policy of disclosure promotes the sharing of any conflict of interest / dual loyalty and provides a process to remove any potential bias or influence stemming from that conflict while members of the authorizing bodies consider matters and make decisions. While others may always question the decisions that are reached, this policy intends to protect those involved in decision-making by showing the careful consideration of potential conflicts, recording the process to address potential conflicts, and demonstrating the intentional effort to avoid bias or influence.
POLICY
Philadelphia Yearly Meeting‘s clerks, treasurers, members of Administrative Council, Nominating Council, Quaker Life Council, and their appointed committees and subcommittees shall submit to the clerk of their council, and granting groups shall submit to the clerk of the Granting Committee, an annual disclosure statement:
- listing any organizations with which they or any of their relatives (as defined on the form) are affiliated and where a potential conflict of interest / dual loyalty may exist;
- any transaction with PYM in which they or any of their relatives have a direct or indirect financial benefit;
- acknowledging by their signature that the member is familiar and will comply with the latest version of this.
In the event there is any material change in the information contained in the annual disclosure statement, the member who submitted it shall promptly submit written notice of the change.
IMPLEMENTATION
To lead by example, clerks, treasurers, and all members of the authorizing bodies will implement this policy.
Annual disclosure statements will be solicited by the clerk of each council or committee when a member joins a council or committee, subcommittee, or granting group or when clerks and treasurers take up their appointments. Annual disclosure statements will be solicited by the start of each fiscal year (October 1) for each year thereafter. (See attached annual disclosure form).
The clerks of each council shall be responsible for the administration of this policy. The clerk of the council and its members shall hold information disclosed under this policy in confidence, except where in the judgment of any of such persons the best interest of PYM requires further disclosure. In the event councils or committees work collaboratively, all members involved in the collaborative effort shall share disclosures relevant to their joint work.
DISCLOSURE AND RECUSAL
Although many potential conflicts are and will be deemed inconsequential, every member has the responsibility to ensure their entire council is made aware of situations that involve personal, familial, or organizational relationships that could create a real or perceived conflict of interest / dual loyalty.
In the event any member has a conflict of interest / dual loyalty in a matter being considered, (See attached annual disclosure form) the member shall disclose fully the precise nature of the interest, involvement, or loyalty at the first knowledge of the conflict.
Any clerk, treasurer, or member of an authorizing body who is uncertain about a possible conflict of interest / dual loyalty in any matter shall disclose their concern; or they may request a clearness committee to determine whether a possible conflict exists.
A clerk, treasurer, or member who has declared, or has been found to have, a potential conflict of interest / dual loyalty that is deemed consequential in any matter shall refrain from participating in consideration, discernment, or decision-making of the proposed matter, unless for special reasons the council or committee requests information or interpretation from the person or persons involved.
Friends should find it customary to disclose any potential conflict of interest / dual loyalty when a matter arises and the presence of a potential conflict exists. The clerk should be mindful and encourage this practice as matters come to agenda or discussion. Such disclosures should be recorded.
COMPLIANCE WITH FEDERAL LAW ON PRIVATE BENEFIT TRANSACTIONS
Friends understand that service to PYM is voluntary. They must exercise care not to violate federal law on using charitable assets as a means for private benefit.
If Philadelphia Yearly Meeting’s clerks, treasurers, members of the Administrative Council, Nominating Council, Quaker Life Council, and their appointed committees, subcommittees, and granting groups, have the power to approve a grant on behalf of PYM:
- For purposes of federal tax law (Section 4958 of the Internal Revenue Code), that clerk, treasurer or member is a Disqualified Person;
- Disqualified Persons may not be the recipient of a grant from funds which they otherwise have sole or joint power to distribute and from which they approve grants;
- In addition, such grants may not be made to a person who is affiliated with a disqualified person, that is, a member of the Disqualified Person’s immediate household or a person with whom the Disqualified Person has a material economic relationship, such as a dependent parent or dependent child relationship or a business relationship;
- Disclosure and recusal are not enough; a Disqualified Person and persons affiliated with a Disqualified Person, as defined in no. 3 above, may not receive grants from funds where the Disqualified Person otherwise has the sole or joint power to distribute those funds and the sole or joint power to approve a grant; and
- Violations of these rules can give rise to substantial penalties on PYM and on the recipient of a grant deemed to be a private benefit.
Many of PYM’s funds are intended to support members of the yearly meeting community. Clerks, treasurers, members of Councils, and their appointed committees, subcommittees and granting groups, and their affiliates, may apply for and receive a PYM grant from funds where they do not have sole or joint approval power, if the grant is approved by a sister body that, as part of its standing charge, does have distribution authority ̶ that is, a Council, committee, subcommittee, or granting group of appropriate decision makers, on which body the member does not serve and whose members do not have any conflict of interest.
PHILADELPHIA YEARLY MEETING CONFLICT OF INTEREST / DUAL LOYALTY POLICY
ANNUAL DISCLOSURE STATEMENT
I have read the Conflict of Interest / Dual Loyalty Policy adopted by the Philadelphia Yearly Meeting (PYM). To the best of my knowledge, there are no matters other than those set forth below, that could give rise to a conflict of interest / dual loyalty with my obligations to the Philadelphia Yearly Meeting. I understand a conflict of interest / dual loyalty could occur when I have a personal interest or loyalty (either directly or through an affiliate) in a contract, transaction, arrangement, or other issue involving PYM being considered by the council or committee of which I am a member, that is, or may be, economically or otherwise, adverse to, or different than, that of PYM.