Conflict of Interest
All potential conflicts of interest, including any previous or current work undertaken for Bury AFC or Bury FC including any directors or non-member shareholders of the club, by either the Board member, their spouse or family member or anyone else living at their home address, must be disclosed in full before any Board position is taken up.
Society Board members may apply for new work with Bury AFC, but must inform the Society Board beforehand and subsequently if successful. Such activity must be fully documented within the Society and be publicly available (this does not include commercial in confidence details).
The matter of Conflict of Interest should become a routine agenda item during Society Board meetings, when members are appointed to specific posts, re-appointed or during an annual revision.
Conduct and Disciplinary Process
Where any Board member is deemed by a majority of the Board to have committed a Disciplinary Offence as defined in paragraph 9 of this document or has otherwise acted in a way which a majority of the Board believe is in contrast to the spirit of this document or the Rules, they shall be at liberty to constitute a Disciplinary Committee (“the Disciplinary Committee”) to determine the facts and take such measures as the committee sees fit. If the Board decides to constitute a Disciplinary Committee the Board Member(s) concerned will be suspended until the Disciplinary Committee meets and shall not be entitled to vote nor attend Board meetings for the period of suspension.
The Disciplinary Committee will consist of the then Chair and Vice- Chair of the Board unless one or both of them is the subject of the disciplinary action, in which case another member of the Board will be selected by the Board as Chair of the Committee and he/she shall have the casting vote if necessary. In addition up to 3 but no less than 2 other Board members (who shall not be the subject of the disciplinary action) shall sit on the Disciplinary Committee.
Either the Society Board or the members who are the subject of the hearing may request for an independent member to join the Committee. The Independent member will be selected on the basis of mutual agreement, and shall for the avoidance of doubt not be someone who has served with any of the subjects of the hearing on any board or committee and shall ideally not be a member of the Society itself.
In the event that it is not possible to agree the identity of the Independent member, Supporters Direct may select the Independent Member.
All incidental expenses for Independent members shall be met by the Society Board.
The Disciplinary Committee shall meet as soon as is practicable (where possible within 7 days) after the Board meeting which constituted the Disciplinary Committee and shall invite the member concerned to attend or submit his/her version of events and/or mitigating circumstances. The Disciplinary Committee shall act honestly and equitably in assessing the facts of the disciplinary case before it and may impose such sanction as it sees fit, including for example, dismissal; further suspension to allow more facts to be gathered, after which a further meeting of the Disciplinary Committee shall be held; censure or warning. If appropriate the Disciplinary Committee may choose to impose no sanction. If the member concerned fails to either attend or submit his or her version of events and/or mitigating circumstances as envisaged above the Disciplinary Committee can proceed and make such inferences as it sees fit from such non-attendance or non-submission.
The Board member subject to the disciplinary hearing may appeal against the decision of the Disciplinary Committee within 7 days of being notified of the decision. The appeal must be made to the Society Board secretary who shall contact The Football Supporters Association who shall appoint an independent organisation such as Co-operatives UK whose decision will be binding on all parties. The appeal will take place as soon as possible after the member concerned has requested it, and no later than 28 days following the date of receipt of the appeal. As the Independent organisation is independent of the Society there will be no further right of appeal by any party.
The final decision will be communicated to members only after the conclusion of the appeal, or when the date for the lodging of an appeal has passed without such appeal being lodged. The Secretary will be responsible for communicating the decision, and no members of the disciplinary committee shall make any comment about the proceedings publicly.
Definition of Disciplinary Offences are: –
- It shall be considered a disciplinary offence for a Society Board member to publicly criticise or to otherwise undermine any decision or policy of the Board.
- Board Member(s) must not arrange for or accept any undue or improper favours, match tickets or gifts from members of staff at any Sporting Club for personal gain.
- A Trust Board member shall declare an interest in any contract or matter in which s/he has a personal, material or financial interest, whether directly or indirectly, and shall not vote in respect of such contract or matter, provided that nothing shall prevent a Member voting in respect of her/his terms and conditions of employment or any associated matter. A breach of this rule will result in a disciplinary procedure.
- Discussions at Society Board Meetings are strictly confidential save where expressly stated not to be, and save for official reports of meetings, such as publication of approved minutes. With the exception of those circumstances set out below, all Board members shall keep all such discussions or information strictly private and confidential. The confidentiality provisions shall not apply where a Board member is asked to co-operate with any statutory or regulatory body and should not stifle due and proper debate on issues within the confines of Board meetings or discussions between Board members conducted in confidence. For the avoidance of doubt the confidentiality provisions above remain in force even after a member is no longer serving on the Society Board. Breach of the confidentiality provisions is a Disciplinary Offence.
- All cash donations and payments taken must be recorded on a form approved by the Treasurer and as advised by the Society Auditor/Independent Examiner. At least two Society Board Members must sign the completed form. A failure to complete the form to the requirements of the Treasurer may be a disciplinary offence.