1. Purpose
Of Code
The Central and Regional Fisheries
Board’s (‘C&RFBs’) are widely regarded throughout the sector
in which they operate for their honesty, fairness and business
integrity all of which are vital to the overall success of the
organisation. To maintain this high reputation it is incumbent
on all Board members to conduct their business and personal
activities in a manner that does not adversely reflect on the
C&RFBs.
It is now common practice
for larger organisations to introduce a formal Code of Business
Conduct that provides guidance to Board members in recognising
and resolving the ethical and legal issues they encounter in
conducting their duties. It is also a legal requirement for
all State Bodies, such as the C&RFBs to have such a Code.
The C&RFBs aspire
to be honest and ethical in all of their operations and dealings
and to adhere to the highest accepted standards of corporate
governance in all their financial and management practices,
and to behave responsibly towards the health, safety and welfare
of their employees, customers and the environment.
Each Board member
is responsible for their own conduct and while this Code provides
a guideline to the type of business conduct required by the
C&RFBs, common sense and good judgement should be applied
to all situations. All queries regarding business conduct should
be directed to the CEO.
2. Principles of the Code
The Code of Business
Conduct for Board Members is based on the following principles
that form part of the Boards business objectives and outline
the practices to be adhered to by all Board Members:
· Integrity
· Loyalty
· Legality
· Confidentiality
· Fairness
The North Western
Regional Fisheries Board has developed this Code to be consistent
with it’s mission to:
· Ensure the
conservation and sustainable development of the region’s inland
fisheries, sea angling and mollusc fishery resources and the
management of those valuable resources in a way which will yield
the maximum return to the local economy, on a sustainable basis,
while, at the same time, providing a valuable and attractive
recreational outlet for local people.
3. Practical Application
of the Code
3.1. Integrity
The North Western
Regional Fisheries Board conducts all business transactions
in accordance with best business practice. The principle of
integrity is that each Board member should be open, truthful
and honest in their dealings connected with or acting on behalf
of the North Western Regional Fisheries Board.
The North Western
Regional Fisheries Board acknowledges that Board members are
appointed to represent specific interest groups. The composition
of the Board is balanced between interested parties to promote
decision- making in the public good.
Conflict of Interest
Two potential categories
of conflict of interest arise for Board members of the North
Western Regional Fisheries Board. The first category (category
1) relates to circumstances where matters for consideration
directly affect the specific interest groups which a Board member
has been appointed to represent. In such cases Board members
are expected to represent the ‘common good’ rather than sectional
interests. To achieve this end Board members must ensure that
they do not withhold from the Board any details relevant to
matters for decision-making.
From time to time
members of the national/local media and press may be invited
to attend Board meetings. All invitations to the media and press
members may only be issued on behalf of the Board by either
the CEO or a designated official.
Communication with
the press/media on any issue discussed or decisions taken at
Board meetings shall be designated to the CEO and one Board
member (the Chairman unless otherwise specified by the Board)
All other communications by Board members with the press/media
must clearly and unambiguously be expressed as personal views
and ones not necessarily shared by the Board.
The second category
(category 2) of conflict relates to associations between Board
members and extended interests with which the Board member has
an association. Disclosure is required of potential conflicts
of interest between the duties of a North Western Regional Fisheries
Board Board member (or their connected interests) and any outside
interest of the Board member (or their connected interests).
In this context connected
interests may be defined as:
a) A spouse, parent,
brother, sister, child or step-child
b) A body corporate, club or association with which the member
is associated
c) A person acting as the trustee of any trust, the beneficiaries
of which include the member or the persons at (a) or (b) above
d) A person acting as a partner of the member or of any person
or body who, by virtue of (a) – (c) above is connected with
the member.
Conflicts of interest
may arise due to involvement in the decision-making associated
with the formation or application of the North Western Regional
Fisheries Board strategy or polices or the authorisation of
the purchase and sale of goods or services by or to the North
Western Regional Fisheries Board and all aspects of each such
transaction.
A conflict of interest
may be seen to exist in circumstances where the Board member
has a connected interest as defined in (a) – (d) above or:
· Himself/herself
carries on business with a connected interest, be it an individual,
corporate, club or association;
· Holds shares or other ownership or proprietary interest
or is a member of the corporate, club or association;
· Is either a debtor or creditor of that individual,
corporate, club or association;
· Holds any office whether as a Director or advisor or
otherwise of such corporate, club or association, whether for
remuneration or not;
· Is or has conducted transactions with that individual,
corporate, club or association;
· Is aware that the North Western Regional Fisheries
Board might itself have an interest in the acquisition of property,
business or other assets from the connected individual or corporate,
club or association;
In relation to the
‘category 2’ conflicts of interests, each Board member should:
· On appointment,
furnish to the CEO details of any current or planned business
interests meeting the criteria set above
· Immediately inform the CEO of any additional conflict
of interest issues, as they arise or are envisaged during the
course of his/her tenure as a Board member.
The CEO will maintain
a confidential register of all such interests which will be
updated annually. Only the CEO will have access to this register.
Any queries regarding
the appropriateness of disclosure should be directed by Board
members to the Chairperson of the Board.
In circumstances where
a conflict of interest is deemed to exist, the Board member
should:
· Ensure that
his conflict of interest has been appropriately declared and
registered
· Return any documents relating to pertaining issue supplied
by the North Western Regional Fisheries Board to the CEO at
the earliest opportunity
· Absent himself/herself during Board deliberations pertaining
to the area in which the Board member has an interest
· Where the issue pertains to the Chairperson’s interests,
he/she should depute the Deputy Chairperson or another Board
member to chair the Board meeting and absent him/herself during
deliberations pertaining to the area in which the Chairperson
has an interest
Gifts and Entertainment
Gifts and entertainment
exchanged out of the purest motives of personal friendship can
be misunderstood and may appear to be attempts to influence
decision-making. Board members should not seek or accept directly
or indirectly any payments, fees, services or loans from any
person or business entity that does or seeks to do business
with, or in competition with the North Western Regional Fisheries
Board. To avoid both the reality and the appearance of improper
relations with suppliers or potential suppliers, the following
standards apply to the receipt of gifts and entertainment by
Board members:
Board members may
accept unsolicited non-monetary gifts provided:
· To do so
would not affect or appear to affect the Board member’s ability
to make independent judgement on business transactions;
· To do so would be consistent with good business practice
within the relevant industries;
· Public disclosure of the transaction would not embarrass
the North Western Regional Fisheries Board;
· To do so would impose no obligation on either the Board
member or the North Western Regional Fisheries Board;
· They are items of nominal intrinsic value and not more
than one gift is accepted in any year; or
· They are advertising and promotional materials, not
of substantial value, and clearly marked with the company or
brand name.
The same principles
of integrity should be applied to gifts a North Western Regional
Fisheries Board member is considering offering to a customer.
This policy does not prevent a Board member from borrowing monies
from a Financial Institution for personal use.
Board members may
not encourage or solicit entertainment from any individual or
company with whom the (insert name) RFB does business. From
time to time Board members may accept unsolicited entertainment,
but only under the following conditions:
· The entertainment
occurs infrequently;
· It arises out of the ordinary course of business;
· It involves reasonable, not lavish expenditure;
· The entertainment takes place in settings that also
are reasonable, appropriate and fitting to Board members, their
hosts and their business at hand.
3.2 Loyalty
Board members are
required to be loyal and committed to the organisation and should
not engage in, or support an outside activity or organisation
which is competing with or opposing the North Western Regional
Fisheries Board. Board members should not criticise the Board,
its members or staff in public or in the media
3.3 Legality
It is the policy of
the North Western Regional Fisheries Board to comply with all
relevant Statutory and Regulatory requirements governing its
operations and Board members should adhere to this policy when
discharging their duties to the North Western Regional Fisheries
Board.
3.4 Confidentiality
Each Board member
is required to maintain confidentiality around all information,
which they obtain in the course of duties, relating to the business
of the Board.
Board members shall
not disclose or appropriate to their own use, or to the use
of any third party, at any time during or subsequent to membership
of the Board of the North Western Regional Fisheries Board,
any confidential information of the North Western Regional Fisheries
Board. This includes, but is not limited to:
· Information
of the North Western Regional Fisheries Board or any of the
regional or Central Boards
· Information of the North Western Regional Fisheries
Board customers
· Information pertaining to documentation, customer lists,
services, methods, processes and operating procedures
Board members are
prohibited, during and after their period of office, from:
· Using North
Western Regional Fisheries Board information for personal benefit
· Disclosing North Western Regional Fisheries Board information
to third parties, including the media, without prior North Western
Regional Fisheries Board approval
· Acquiring confidential information or business secrets
by improper means
· Disclosing any business or trade secrets of the North
Western Regional Fisheries Board
On termination of
appointment/the term of office each Board member is required
to return to the North Western Regional Fisheries Board all
manuals, letters, notes, notebooks, reports and other materials
of a confidential nature.
3.5 Fairness
The North Western
Regional Fisheries Board values and treats all employees, customers,
suppliers and associates equally and are at all times committed
to fairness in their business dealings. All Board members are
therefore required to uphold the North Western Regional Fisheries
Board policy on fairness in their individual dealings in connection
with their office as Board members of the North Western Regional
Fisheries Board.
I have read and understood
the North Western Regional Fisheries Board Code of Business
Conduct for Board Members and agree to be bound by the terms
thereof:
Name ______________________ Position ______________________
Signature ______________________ Date
______________________