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Downingtown Balvihar Conflict of Interest Policy

Article I

Purpose

The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Organization) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Article II

Definitions

1. Interested PersonAny Trustee, Executive team member, Director, Principal Officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.
2. Financial Interest
a. An ownership or investment interest in any entity with which the Organization has a transaction or arrangement,
b. compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or
c. potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Article III

Procedures

1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
b.The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement. Instructions for Form 1023 -25-
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article IV

Records of Proceedings
a. The minutes of the governing board and all committees with board delegated powers shall contain:The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article V
Compensation
a. A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

Article VI

Annual Statements
Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

Article VII

Periodic Reviews
Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects
a. Whether compensation arrangements and benefits are reasonable, based on competent survey information and the result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.

Article VIII

Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.

Downingtown Balvihar code of ethics and professional conduct

Article 1: Background

This Code of Ethics has been approved and adopted by the board of trustees of Downingtown Balvihar. Except as otherwise explicitly indicated, the Code applies to all Balvihar personnel and members.

Article 2: Definitions
· Members – Please see the by-laws for the definition of a Balvihar member.
· Children – Students enrolled and attending classes in Balvihar

Article 3: Standards of conduct for the executive team
1. An approved operating plan will become the guiding document for execution by the team. Any exception or amendments must be promoted and agreed upon by General Secretary and ratified by Trustees.
2. A General Secretary’s decision is final in all matters concerning the execution of the operating plan (including allocation of funds, finalization of curriculum, conduct of events)
a. Area secretary initiating action or change within their area of responsibility will suggest the action/change to General Secretary. Other area secretaries will beinvolved in the decision making as and when deemed appropriate by the General Secretary.
b. Cross Functional action/change – Initiator makes the suggestion to the responsible area secretary and they will take necessary actions as stated above.
3. Deferment of duties to be restricted to the assigned responsibilities and functions.
4. Area secretaries must respect the boundaries of their responsibilities, Any suggestions or new ideas of change outside of one’s domain must be routed thru the relevant area secretary with the expectation that the decision rests with the area secretary and the General Secretary.

Article 4: Statement of general fiduciary standards
This Code is based on the overriding principle that Balvihar constantly seeks to earn and maintain the trust and loyalty of our members by adhering to the highest standards of ethical behavior and fiduciary responsibility. Accordingly, Balvihar personnel must conduct their activities at all times in accordance with state/federal educational institutions laws and the following standards
1) Members' interests come first. In the course of fulfilling their duties and responsibilities to Balvihar members, Balvihar personnel must at all times place the interests of Balvihar children and members first. In particular, Balvihar personnel must avoid serving their own personal interests ahead of the interests of Balvihar children and its members.
2) Conflicts of interest must be avoided. Balvihar personnel must avoid any situation involving an actual or potential conflict of interest or possible impropriety with respect to their duties and responsibilities to Balvihar children and members.
3) Compromising situations must be avoided. Balvihar personnel must not take advantage of their position of trust and responsibility at Balvihar. Balvihar personnel must avoid any situation that might compromise or call into question their exercise of full independent judgment in the best interests of Balvihar member.
The remainder of this Code sets forth specific requirements and restrictions that are consistent with these fiduciary standards. However, all activities by Balvihar personnel are required to conform with these standards regardless of whether the activity is specifically covered in this Code.

Article 5: General prohibitions
1) Balvihar personnel are prohibited from engaging in conduct that is deceitful, fraudulent, or manipulative, or that involves false or misleading statements, in connection with the purchase of good, services or contract negotiation on behalf of Balvihar.
2) Balvihar personnel are prohibited from intentionally, recklessly, or negligently circulating false information or rumors that may adversely affect the functioning of the organization.

Article 6: Duty of confidentiality
Balvihar personnel must keep confidential at all times any nonpublic information they may obtain in the course of their affiliation with Balvihar. This information includes, but is not limited to
1) Information on the Balvihar funds
2) Information on current or prospective Balvihar members.
3) Information on other Balvihar executive team members.
4) Information on Balvihar business activities (for example, new services, products, technologies, and business initiatives). Balvihar personnel have the highest fiduciary obligation not to reveal confidential information to any party that does not have a clear and compelling need to know such information.

Article 7: Gift and Entertainment Policy
Balvihar members are generally prohibited from accepting gifts from vendors, or other business contacts.

Article 8: Unprofessional actions and behavior
The following are examples of behavior that violate Balvihar's code of conduct standards

5) Treating children, any outside third party, or fellow Balvihar members rudely.
6) Disclosing personal account or private information about members to those who do not have a legitimate need to know.
7) Sharing any information about children or members that you receive from outside sources (e.g., vendors, non member parents).
8) Acting, or engaging in activities, outside the scope of the role or responsibilities of your position without authority.
9) Using Balvihar's member base for your own economic gain.
10) Using a Balvihar vendor relationship for your personal or economic gain.
11) Failing to appropriately handle member mail, checks, or any other documents.
12) Falsifying Balvihar documents.
13) Performing direct processing on or accessing your own accounts, or the accounts of others in whom you may have an interest (such as family members), through Balvihar's proprietary business systems or in a manner that bypasses standard business procedures; or failing to comply with standard member requirements (fees, checks, cash etc).
14) Using Balvihar equipment or services for personal purposes excessively (e.g.,charging personal telephone calls to Balvihar, personal photocopy charges to Balvihar, or taking office supplies for personal use).
15) Using any Balvihar electronic medium in an unprofessional manner, including accessing, retrieving, downloading, printing, creating, displaying, sending, and/or forwarding inappropriate materials such as offensive or demeaning (or implicitly offensive or demeaning) or illegal language or graphics.
16) Using a Balvihar phone number to get personal phone calls.
17) Soliciting, accepting, or providing gifts or entertainment in violation of Balvihar's Gift and Entertainment Policy.
18) Initiating or perpetuating innuendo or rumor, which can be destructive to the well-being of Balvihar and its members.
19) Failing to promptly report any felony conviction or any misdemeanor conviction involving any criminal offense involving money that occurs during your Balvihar employment. A "criminal offense involving money" includes theft, shoplifting, bad or worthless checks, fraud, false statements or omissions, credit card fraud, bribery, forgery, counterfeiting, embezzlement, extortion, or the misappropriation of funds or securities, larceny, robbery, or false oaths or claims.
20) Failing to promptly report any felony charge or any misdemeanor charge involving investments or investment-related business or any criminal offense involving money (as defined above), or conspiracy to commit any of these offenses,
21) Posting inappropriate, harassing, or disparaging statements or communications about Balvihar or its members through websites, blogs, wikis, or any other means of Internet communication.

 

News

School Year update - Thursday, August 06, 2015

School Year 2015/2016 will start with orientation and Ganesh Puja on September 13th 2:30PM to 4:30PM.

Please visit the page "Want to Enroll?" for information on registration

 
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