Disclosure of Conflicts of Interest for Volunteer Leadership

Introduction

The American Physical Society ("APS", "Society") accords special importance to the policies and procedures established for assuring the integrity and public confidence in its actions and reports. The work of the Society is largely done by volunteers and committees appointed for their expertise and their willingness to serve the Society. Volunteer leaders are drawn from every part of the Society. Their skills and generous contributions of time are essential to the ability of the Society to serve the physics community and while serving in volunteer Society leadership roles, including but not limited to the APS Board of Directors, APS Council of Representatives and APS Unit Leadership.

In these volunteer leadership roles, they are official representatives of the Society. Because of their financial and legal and/or other fiduciary responsibilities for the affairs of the Society, it is particularly desirable that members who serve as volunteer leaders disclose and be free from real or perceived conflicts while fulfilling their fiduciary responsibilities with care and loyalty.

The integrity of the Society must be protected at all times. Through this policy, the volunteer Society leadership intends to also implement the highest possible ethical standards and will not tolerate conflicts of interest, in accordance with the following principles:

Conflict of interest

The term "conflict of interest" means any financial or other interest which conflicts with the service of an individual because it:

• Could impair the individual’s objectivity.
• Could create an unfair competitive advantage for any person or organization.

Participation with a group which may receive economic benefit or loss due to action of the Society would generally not be considered a conflict of interest unless the benefit to the individual or persons related to the individual by family or marital relationships or by close personal relationships was significant and substantially direct and immediate and may interfere with the best interests of the Society.

Ethical standard

The term "ethical standard" means that the Society expects all persons with a fiduciary relationship to the Society to observe the highest standards of business ethics. No volunteer leader shall take any action on behalf of the Society that they know, or reasonably should know, violates any applicable law or regulation, including but not limited to activities such as bribery, kickbacks, falsehoods or misrepresentations.

Procedures for addressing possible conflict of interest

The Society follows a procedure that seeks to:

• Guard against perceived or real conflicts of interest.
• Maximize the credibility of actions and reports of the Society.
• Equip the Society, through early consideration of any potential sources of conflict of interest, to defend volunteer leadership acting in a fiduciary manner, and guide their participation in governance and other leadership activities, against possible allegations of conflict of interest/
• Act in the highest ethical manner.

All volunteer leaders, including but not limited to individuals elected to the APS Board of Directors, APS Council of Representatives and APS Unit Leadership or any other volunteer acting in a fiduciary manner, are asked to complete a Disclosure of Conflicts of Interest form annually. The disclosure shall list relevant connections and interests that may constitute potential sources of conflicts of interest within the meaning of this policy, in light of the responsibilities falling to the volunteer leaders of the Society.

As part of any meeting or other proceeding involving a binding vote or other significant decision, the chair or the Society’s secretary shall ask all members to disclose any potential conflicts. The secretary, with input from the chair, CEO and/or other volunteer leader, shall determine if such disclosure shall prevent an individual’s participation in any discussion, vote or other action. Recusals or other potential conflicts shall also be recorded in the minutes.

Confidentiality

All completed forms are treated in confidence. Access to these forms within the Society is restricted to authorized and relevant offices. The request for information on the Disclosure of Conflicts of Interest form and the discussion of potential sources of conflict of interest are not intended to question the personal integrity of any individual. Indeed, the Disclosure of Conflicts of Interest form is designed to elicit only that information which is relevant and merits disclosure in light of the conflict of interest policy set forth above and the responsibilities of the volunteer leader on the fiduciary body of which the individual serves. The responsibility for determining the information to be reported rests with the individual completing the form, in reliance upon the individual’s own sense of integrity and good judgment.

Final determination

The overriding objective is to ensure that the work of those who volunteer their time and energy to the Society and the physics community is not compromised or diminished by real or perceived conflict of interest. Final determination of any conflict shall rest with the secretary.

Volunteer leadership conflicts of interest disclosure

Annually, any volunteer leader that serves the Society in a fiduciary manner including but not limited to the APS Board of Directors, APS Council of Representatives and/or APS Unit Leadership must complete the form.

Complete the form

Contact

If you have questions, please contact the APS corporate secretary.