JEWISH COMMUNITY COUNCIL OF THE ROCKAWAY PENINSULA, INC.’s
(the “Whistleblower Policy”)
The Jewish Community Council of the Rockaway Peninsula, Inc. (the “Council”) requires its Directors, Officers of the Board and Officers of the Council (each an “Officer” for purposes of this Schedule H), Employees and volunteers, as well as all persons who provide the Council with contracted services, (each, a “Protected Person”), to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the Council, Protected Persons must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations.
The objectives of this Whistleblower Policy are to encourage and enable Protected Persons, without fear of retaliation, to raise concerns regarding suspected unethical and/or illegal conduct or practices on a confidential and, if desired, anonymous basis so that the Council can address and correct inappropriate conduct and actions.
This policy is not intended as a vehicle for reporting problems with co-workers or managers, or for reporting issues related to alleged employment discrimination or sexual or any other form of unlawful harassment. Matters which should be reported under this policy include, but are not limited to, actual or suspected fraud, theft, embezzlement, accounting or auditing irregularities, bribery, kickbacks, misuses of the Council’s assets and violations of regulatory, compliance and ethical policy.
Capitalized terms not otherwise defined herein shall have the respective meanings set forth in the Council’s By-Laws.
It is the responsibility of all Protected Persons to report in good faith any concerns they may have regarding actual or suspected activities which may be illegal or in violation of the Council’s policies with respect to, without limitation, fraud, theft, embezzlement, accounting or auditing irregularities, bribery, kickbacks, and misuse of the Council’s assets, as well as any violations or suspected violations of high business and personal ethical standards, as such standards relate to the Council (each, a “Concern”), in accordance with this Whistleblower Policy.
No Protected Person who in good faith reports a Concern shall suffer intimidation, harassment, retaliation, discrimination or adverse employment consequence because of such report. Any employee of the Council who retaliates against someone who has reported a Concern in good faith is subject to discipline up to and including termination of employment. Notwithstanding anything contained herein to the contrary, this Whistleblower Policy is not an employment contract and does not modify the employment relationship between the Council and its employees, nor does it change the fact that employees of the Council are employees at will. Nothing contained herein is intended to provide any Protected Person with any additional rights or causes of action, other than those provided by law.
Any Concerns should be reported as soon as shall be practicable to the Chair of the Board (the “Compliance Officer”) and the Audit and Budget Committee. Any questions with regard to the scope, interpretation or operation of this Whistleblower Policy should also be directed to the Compliance Officer.
The Compliance Officer is responsible for investigating and resolving all reported Concerns and shall advise the Audit and Budget Committee and, if the Compliance Officer deems it appropriate, the Executive Director, of all reported Concerns. The Compliance Officer shall report to the full Board of Directors at each regularly scheduled Board meeting on compliance activity.
Accounting and Auditing Matters
The Audit and Budget Committee of the Board of Directors shall address all reported Concerns regarding corporate accounting practices, internal controls or auditing (“Accounting Concerns”). The Compliance Officer shall immediately notify the Audit and Budget Committee of any Accounting Concern and shall work with the committee until its resolution. Promptly upon receipt, the Audit and Budget Committee shall evaluate whether a Concern constitutes an Accounting Concern and, if so, shall promptly determine what professional assistance, if any, it needs in order to conduct an investigation. The Audit and Budget Committee will be free in its sole discretion to engage outside auditors, counsel or other experts to assist in the investigation and in the analysis of results.
The Compliance Officer may delegate the responsibility to investigate a reported Concern, whether an Accounting Concern or otherwise, to one or more Employees or to any other individual, including persons not employed by the Council, selected by the Compliance Officer; provided that the Compliance Officer may not delegate such responsibility to an Employee or other individual who is the subject of the reported Concern or in a manner that would compromise either the identity of an Employee who reported the Concern anonymously or the confidentiality of the complaint or resulting investigation. Notwithstanding anything herein to the contrary, the scope, manner and parameters of any investigation of a reported Concern shall be determined by the Audit and Budget Committee in its sole discretion and the Council and its Employees shall cooperate as necessary in connection with any such investigation.
Acting in Good Faith
Anyone reporting a Concern must act in good faith and have reasonable grounds for believing that the information disclosed may indicate a violation of law and/or ethical standards. Any allegations that prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
The Council takes seriously its responsibility to enforce this Whistleblower Policy and therefore encourages any person reporting a Concern to identify him or herself so as to facilitate any resulting investigation. Notwithstanding the foregoing, in reporting a Concern, a Protected Person may request that such report be treated in a confidential manner (including that the Council take reasonable steps to ensure that the identity of the reporting person remains anonymous). Concerns may also be reported on an anonymous basis. Reports of Concerns will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
Handling of Reported Violations
The Compliance Officer will acknowledge receipt of each reported Concern within five business days, but only to the extent the reporting person’s identity is disclosed or a return address is provided. All reports will be promptly investigated; the scope of any such investigation being within the sole discretion of the Audit and Budget Committee, and appropriate corrective action will be taken if warranted by the investigation.
The Audit and Budget Committee will retain on a strictly confidential basis for a period of seven (7) years (or otherwise as required under the Council’s record retention policies in effect from time to time) all records relating to any reported Concern and to the investigation and resolution thereof. All such records are confidential to the Council and such records will be considered privileged and confidential.
The Council shall distribute a copy of this Whistleblower Policy to all Protected Persons.
Compliance Officer Contact Information
[Name; Mailing Address; Phone Number; and E-Mail Address]
Richard Altabe (Board Chairman)
637 Meehan Avenue, Far Rockaway, NY 11691
Adopted by the Council’s Board of Directors on: 6/27/14.