NCCF Whistleblower & Fraud Reporting Policy
Originally Adopted on October 23, 2008
Revised and Adopted on March 29, 2012
It is the policy of the North Carolina Community Foundation that its operations are conducted according to the highest standard of integrity, and that its officers, directors, employees, consultants, volunteers, interns, vendors and other agents observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the organization, all applicable laws and regulations must be followed, honesty and integrity must be practiced in fulfilling all responsibilities and all situations must be avoided that might conflict with responsibilities undertaken on behalf of the community foundation. It is a federal crime for any organization – nonprofit or for-profit -- to retaliate against a “whistleblower” who reports illegal, unacceptable or suspicious activity (“Concerns”). The following is intended to encourage and enable the reporting of Concerns within the Foundation in order to prevent, detect and correct improper activities.
All officers, directors, employees, including temporary employees, consultants, volunteers, interns, vendors and other agents are covered by the scope of this policy and its guidelines.
The objectives of the Whistleblower and Fraud Reporting Policy (“Policy”) are to establish policies and procedures for:
Reporting Concerns on a confidential, anonymous basis regarding
○ questionable accounting or auditing matters,
○ violation or noncompliance with a state or federal statute, rule or regulation,
○ violation of Foundation policies and procedures, or
○ unsafe working conditions or work practices in the exercise of Foundation
business, either at the offices of the Foundation or elsewhere by employees,
officers, directors, volunteers or other agents of the Foundation;
Receipt, retention, and treatment of complaints received by the organization regarding such Concerns; and
Protection of anyone reporting Concerns in good faith from retaliatory actions.
A. Reporting Responsibility
It is the responsibility of all those noted in the Scope of the Policy to report questionable or improper accounting or auditing matters or other Concerns as described above.
B. No Retaliation
No officer, director, employee, including a temporary employee, consultant, volunteer, intern, vendor or other agent who reports a Concern in good faith shall be subject to retaliation or, in the case of an employee, adverse employment consequences. Any individual who retaliates against someone who has reported a Concern in good faith is subject to discipline up to and including dismissal from the volunteer position or termination of employment. Such conduct may also give rise to other actions, including civil lawsuits.
C. Procedures for Reporting Concerns
- Employees and Consultants: Whenever possible, an individual should seek to resolve Concerns by reporting issues directly to his supervisor. If, for any reason, the individual is uncomfortable speaking to his supervisor or does not believe the Concern is being properly addressed, the individual should report the Concern directly to the President/CEO of the Foundation. If the individual does not believe that these channels of communication can or should be used to express his Concern, the individual should report the Concern directly to a member of the Foundation’s Audit Committee (Chair: Steve Wangerin at email@example.com). Concerns may also be submitted anonymously in writing or via voice mail to an Audit Committee member. Contact information for the President/CEO and a listing of Audit Committee members may be obtained by calling the Foundation at (919) 828-4387.
- Officers, Directors, Interns, Volunteers, Vendors and Other Agents. Officers, directors, interns, volunteers, vendors and other agents may report Concerns to the President/CEO or directly to a member of the Foundation’s Audit Committee. If the officer, director, intern, volunteer, vendor or other agent is uncomfortable reporting to any of these individuals, or is he does not believe the Concern is being properly address, the report should be escalated directly to the Chair of the Foundation’s Board of Directors.
D. Handling of Reported Concerns
All reported Concerns filed in accordance with this policy will be investigated by the Foundation with due care and promptness. Matters reported internally without initial resolution will be investigated by the President/CEO of the Foundation to determine if the allegations are true, whether the issue is material and what actions, if any, are necessary to correct the problem. The Foundation staff will issue a full report of all matters raised under this policy to the Audit Committee.
For matters reported directly to a member of the Audit Committee or the President/CEO, the Audit Committee shall promptly acknowledge receipt of the complaint to the complainant if the complainant is known. An investigation will be held to determine if the allegations are true, whether the issue is material and what corrective action, if any, is necessary. Upon the conclusion of this investigation, the Audit Committee shall promptly report its findings to the Executive Committee of the Board.
The Audit Committee shall have full authority to investigate Concerns raised in accordance with this policy and may retain outside legal counsel, accountant, private investigators, or any other resource that the committee reasonably believes is necessary to conduct a full and complete investigation of the allegations.
E. Acting in Good Faith
Anyone reporting a Concern must act in good faith and have reasonable grounds for believing the information disclosed indicates an improper accounting or auditing practice, a violation of state or federal law, a violation of the Foundation’s policies and procedures or another Concern described above. The act of making allegations that prove to be unsubstantiated, and that prove to have been made maliciously, recklessly or with the foreknowledge the that allegations are false, will be viewed as a serious disciplinary offense and may result in discipline, up to and including dismissal from the volunteer position or termination of employment. Such conduct may also give rise to other actions, including civil lawsuits.
Reports of Concerns, and investigations pertaining thereto, shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Disclosure of reports of Concern to individuals not involved in the investigation will be viewed as a serious disciplinary offense and may result in discipline, up to and including termination of employment. Such conduct may also give rise to other actions, including civil lawsuits.
G. Policy Distribution
This policy will be distributed to all officers, directors, employees and volunteers (where possible) of the Foundation, shall be included in the Employee Handbook and shall be posted on the Foundation’s website so that Concerns may be reported by external parties.
If you have questions or seek further information, please call 919-828-4387 or email firstname.lastname@example.org.