Monmouth Ocean Regional REALTORS®
Appointed or Elected Association Volunteer Policy

 

Acknowledgment

By agreeing to serve in an Association voluntary governance position, each Applicable Person agrees to abide by the terms of this policy.  Applicable Personals also acknowledge that Confidential Information learned or discovered during the course of the person’s affiliation with the Association is the sole property of the Association and further agrees to leave any hard copies containing Confidential Information in the possession of the Association upon either the end of the Applicable Person’s affiliation with the Association or the end fo the person’s service in a voluntary governance position.

As a condition of the service to hold a position of service on the Board of Directors, Executive/Personnel Committee, any Standing Committee, Special Committee, Sub-Committee, Task Force or Adhoc of the Monmouth Ocean Regional REALTORS®, members are required to sign below.

Monmouth Ocean Regional REALTORS®
Antitrust Policy

ANTITRUST – Monmouth Ocean Regional REALTORS® is a not-for-profit trade organization whose membership is voluntary and whose objectives are:

1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests.
2. To promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of the National Association of REALTORS®.
3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.
4. To further the interests of home and other real property ownerships.
5. To unite those engaged in the real estate profession in this community with the New Jersey REALTORS® and the National Association of REALTORS®, thereby furthering their own objectives throughout the state and nation and obtaining the benefits and privileges of membership therein.
6. To designate for the benefit of the public, those individuals authorized to use the terms REALTOR®, REALTORS®, and REALTOR-ASSOCIATE® as licensed, prescribed, and controlled by the National Association of REALTORS®.

All attendees of any event, meeting, class of activity of the Association agree to comply with any/all Anti-Trust laws established by the Federal, State, County governments or other entities who exercise control and legal authority over this entity.

It is each individual’s responsibility to ensure that the Association is neither engaging in behavior that is or could be interpreted as violating Anti-Trust Laws, rather, to ensure that participants have a forum to freely express diverse opinions without in any means attempting to influence the free market.

Monmouth Ocean Regional REALTORS®
Conflict of Interest Policy

Purpose- a director, officer, or member (collectively a “Member”) of the Board of Directors or any Committee (collectively, a “Committee”) of the Monmouth Ocean Regional REALTORS® (MORR) who is an “Interested Person” shall recuse himself/herself from discussing or voting on any question or matter in which he/she has a personal pecuniary interest that might be affected by the disposition of the question or matter.

For purposes of this Policy:

• Any director, officer or member of any Committee of MORR, who has a direct or indirect financial interest in a matter being considered is considered an Interested Person.
• A person has a financial interest if the person has, directly or indirectly, through business, investment or family ownership or investment, an interest in any entity (whether a corporation, partnership, limited liability company or other legal entity) or as an individual, that provides or seeks to provide goods, products or services to MORR or otherwise has or seeks to engage in a transaction or contractual agreement with MORR (collectively a “Transaction”)

Voluntary Recusing

Nothing contained in this Policy shall preclude a Member from voluntarily recusing himself/herself from the discussion or vote on a transaction and/or issue where the Member believes that he/she has or may have a conflict of interest.  Nothing contained in this policy shall mandate that a member state a reason for recusing himself/herself

Duty to Disclose

An Interested Person shall fully disclose his/her financial interest in any Transaction under consideration to the other members involved in decision making activities.

If a person involved in a decision-making activity believes another member may be an Interested party, said member has a duty to site such belief to the Chair.

Determining Whether a Conflict of Interest Exists

After disclosure of the financial interest and all material facts, and after any discussion with the Interested Person, he/she shall leave the meeting and the remaining members shall discuss and vote upon whether a conflict of interest exists.

Procedures for Addressing a Conflict of Interest

1. An Interested Person may make a presentation at a meeting, but after the presentation, he/she shall leave the meeting during the discussion of and the vote on the transaction involving the conflict of interest.
2. The Chair shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed Transaction.
3. After exercising due diligence, the Board of Directors or Committee shall determine whether MORR can obtain with reasonable efforts a more advantageous Transaction from a person or entity that would not give rise to a conflict of interest.
4. If a more advantageous Transaction is not reasonably possible under circumstances not producing a conflict of interest, the Committee shall determine by a majority vote of the disinterested members whether the Transaction is in the best interest of MORR, and whether it is fair and reasonable. In conformity with the above determination, it shall make its own decision as to whether to enter into the Transaction.

Violations of the Conflicts of Interest Policy

• If a Committee has reasonable cause to believe a Member has failed to disclose actual or possible conflicts of interest, it shall inform the Member of the basis for such belief and afford the Member an opportunity to explain the alleged failure to disclose.
• If, after hearing the Member’s response and after making further investigation as warranted by the circumstances, the Committee determines the Member has failed to disclose an actual or possible conflict of interest, it shall so advise the President of MORR who may bring the matter to the Board of Directors for appropriate disciplinary and/or corrective action.
• The Board of Directors may exercise any/all remedies at its disposal including (but not limited to) suspension/expulsion, Code of Ethics Professional Standards action and/or civil relief from a court of jurisdiction of/from the Member.

Monmouth Ocean Regional REALTORS®
Pledge of Fiduciary Duty

I, the undersigned, in all my dealings in relation to the Monmouth Ocean Regional REALTORS®, Inc. (the "Association"), pledge my complete and absolute fiduciary duty to the Association. I will be bound by a duty of loyalty in all my actions involving the Association, I will always act for the benefit of the Association, and I will exercise the utmost good faith in conducting its business. I will represent all members of the Association equally and not a particular subset of local organization thereof.

I agree that except as otherwise permitted, I will maintain the confidentiality of all verbal, written, electronic, and other information disclosed or generated in connection with my participation in the business of the Association including the work products of such participation, as well as other information pertaining to the affairs of the Association that comes to my attention or into my possession. I will treat all such information as confidential, and without the Association's prior written consent I will not disclose such information to any person or entity. I will not engage in or permit news releases or public announcements, or otherwise disclose, publish or disseminate such information except as otherwise permitted by the policies or decisions of the Association.

I pledge not to act to advance my own special interests in matters that concern the Association without prior written disclosure of such action to the Association. I will disclose any conflict between the interests of the Association and my personal or business interests and I will refrain both from influencing others acting on behalf of the Association and from voting on such issues.

In all my dealings with and on behalf of the Association, I pledge to comply with all applicable antitrust laws and with the following Association policies attached hereto and/or received from the Association: (1) Antitrust Policy; (2) Conflict of Interest Policy; (3) Confidentiality Policy; (4) Anti-Discrimination and Anti- Harassment Policy; and (5) Volunteer Service Agreement.

In addition to the above provisions, to which I will adhere in accordance with the Bylaws, Articles and other applicable governing documents of the Association, I pledge that I will abide by the New Jersey State Not-for-Profit Corporation Law

I understand and acknowledge that any breach of the duties and obligations contained herein may result in the loss of any indemnification offered by the Association's insurer and under the Bylaws and Articles of the Association, and further that I might incur personal liability for any damage or loss suffered by the Association as a result of any breach of the duties set forth herein.

Acknowledgement:

I will at all times act in good faith and within the scope of my authority. Pursuant to the Errors and Omissions Coverage offered through the National Association of REALTORS®, which requires that I disclose any situation which may give rise to a claim either against me or the Association, I hereby (initial one)

acknowledge that I am eligible for insurance and that I have not violated, am not currently in violation of, and will not violate my fiduciary duty to the Association; or

decline to acknowledge my insurability. I expressly acknowledge that if there is a claim either in whole or in part against me while acting in the scope of my duties to the Association, I might not be

 

Monmouth Ocean Regional REALTORS®
Anti-Discrimination and Anti-Harassment Policy for Volunteers

The Monmouth Ocean Regional REALTORS® (the “Association”) is committed to a work environment that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the Association expects that all relationships among persons in the workplace will be free of bias, prejudice, and harassment. This policy applies to volunteers providing services for or on behalf of the Association, including but not limited to Officers and other members of the Board of Directors and members of Committees.

Equal Employment Opportunity

It is the policy of the Association to ensure equal opportunities without discrimination or harassment on the basis of race, creed, color, national origin, nationality, citizenship, ancestry, religion, sex (with or without sexual conduct), pregnancy, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity and/or expression, atypical hereditary cellular or blood trait, genetic information including the refusal to submit to a genetic test or refusal to provide genetic information,[1] liability for military service, veteran status, mental or physical disability or perceived disability including AIDS and HIV related illnesses, or any other characteristic protected by federal, state or local law. This policy applies to all decisions and opportunities presented to and the conduct of volunteers. The Association prohibits and will not tolerate any such discrimination. This means that the Association reserves the right to take disciplinary action or other corrective action, as it deems appropriate, to address discriminatory or harassing conduct that violates this policy.

It is the policy of the Association to encourage volunteers to report legitimate questions or concerns about discrimination or harassment in connection with the services they provide to the Association without fear of reprisal. In order to enforce this policy, the Association has implemented the procedures as set forth in this Policy.

Disability Accommodation Policy

The Association is committed to complying with all applicable provisions of the New Jersey Law Against Discrimination (“NJLAD”). It is the Association’s policy not to discriminate against any qualified individual with disabilities in opportunities for volunteer engagements for or on behalf of the Association.

Consistent with the requirements of NJLAD and other applicable state and federal laws, the Association will provide reasonable accommodations to qualified individuals with a disability, as defined by applicable law, who have made the Association aware of their disability, provided that such accommodations would not create an undue hardship on the Association. Requests for an accommodation or questions regarding this policy should be directed to the CEO or President of the Association.

Procedure for Requesting an Accommodation

Any accommodation requests should be made to the CEO or to the President , who in turn will notify the CEO. Upon receipt of an accommodation request, the CEO will contact the volunteer to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the Association might have to make to help overcome those limitations.

The Association will engage in an interactive process with the volunteer to determine whether a reasonable accommodation is feasible.

The Association will inform the volunteer of its decision on the accommodation request or on how to arrange the accommodation.

A volunteer who has questions regarding this policy, or believes that he or she has been discriminated against based on a disability, should notify the CEO or President. All such inquiries will be treated as confidential to the extent permissible by law.

Definitions of Harassment

Volunteers have a right to be free from discrimination of any kind. Specifically:

1. The Association prohibits, and will not tolerate, any harassment on the basis of any protected characteristic. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex, national origin, age, disability, citizenship, sexual orientation, gender identity and/or expression, marital status or any other characteristic protected by federal, state or local law and that: (a) has the purpose or effect of creating an intimidating, hostile or offensive environment; (b) has the purpose or effect of unreasonably interfering with an individual’s performance; or (c) otherwise adversely affects an individual’s opportunities to provide services for or on behalf of the Association.

Examples of behaviors that may constitute a violation of this policy include but are not limited to:

(a)     Treating an individual different because of the individual’s race, color, national origin, or other protected category, or because an individual has the physical, cultural, or linguistic characteristics of a racial, religious or other protected category;

(b)    Treating an individual different because of marriage to, civil union to, or domestic partnership with a person of a certain race, religion, nationality or other protected category; or due to the individual’s membership in or association with an organization identified with the interests of a certain race, religion or other protected category; or because an individual’s name, or his or her spouse’s, civil union partner’s or domestic partner’s name, is associated with a certain racial, religious or other protected category;

(c)     Calling an individual an unwanted nickname that refers to one or more of the protected categories, or telling jokes pertaining to one or more protected categories;

(d)    Using derogatory references with regard to any of the protected categories in any communication;

(e)     Engaging in threatening, intimidating or hostile acts because that individual belongs to, or is associated with, any of the protected categories; or

(f)     Displaying or distributing material that contains derogatory or demeaning language or images pertaining to any of the protected categories.

2. Sexual harassment constitutes discrimination and is illegal under federal and state law. The Association prohibits, and will not tolerate, any such harassment. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission (“EEOC”) Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. The above EEOC guidelines will be applied to services provided by volunteers, the conduct of volunteers and decisions made affecting volunteers engagement for or on behalf of the Association. Sex-based harassment not involving sexual activity or language may also constitute discrimination if it is severe and pervasive and directed at a person because of the person’s sex.

Examples of prohibited behavior that may constitute sexual harassment include but are not limited to:

(a)     Generalized gender-based remarks and comments;

(b)    Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another’s body, or impeding or blocking movement;

(c)     Verbal, written or electronic sexually suggestive or obscene comments, jokes, propositions, invitations or gestures;

(d)    Visual contact, such as leering or staring at another’s body; gesturing; displaying sexually suggestive objects, cartoons, posters or pictures of scantily clad individuals; or displaying sexually suggestive material on a bulletin board or screen saver;

(e)     Explicit or implicit suggestions of sex by a supervisor or superior in return for favors; or

(f)     Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.

Individuals and Conduct Covered

It is the intent of the Association to apply this Anti-Discrimination and Anti-Harassment Policy to all volunteers. This Policy prohibits discrimination, harassment and retaliation whether engaged in by volunteers, or by someone not directly connected to the Association (e.g., an outside vendor, consultant, customer, or client). This policy specifically prohibits discrimination, harassment and retaliation perpetrated via email and/or social media, as well as via any other means. Conduct prohibited by this policy is unacceptable in any Association-related setting inside or outside of the Association’s physical locations, such as during offsite events, business meetings, conferences or training sessions, fundraisers, business conducted in other offices, work-related travel and work-related social events.

Retaliation is Prohibited

The Association prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting or opposing discrimination or harassment or for filing a complaint, testifying or otherwise participating in an investigation of a claim of discrimination or harassment is a serious violation of this policy and, like discrimination or harassment itself, will be subject to disciplinary action and possibly discharge.

Reporting and Complaint Procedure

Reporting an Incident of Harassment, Discrimination or Retaliation

The Association requires the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the alleged offender’s identity or position. Individuals who have experienced or observed conduct that they believe is contrary to the Association’s Anti-Discrimination and Anti-Harassment Policy or who have concerns about such matters should immediately notify either the CEO or the President, who should than direct the complaint to the CEO before the conduct becomes severe or pervasive.  If the complaint involved the CEO, it should be reported directly to the President, who will forward the complaint to an independent third-party for review and investigation, if necessary.

All complaints received by the CEO or President may be forwarded to an independent third-party for review and investigation, if necessary. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination, harassment, or retaliation. Therefore, while no fixed reporting period has been established, the Association strongly urges the prompt reporting of complaints or concerns immediately so that appropriate action can be taken as quickly as practicable. The Association will make every effort to stop alleged harassment before it becomes severe or pervasive but can do so only with the cooperation of its employees and volunteers.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.

The Investigation

Any reported allegations of harassment, discrimination or retaliation will be investigated promptly, thoroughly, and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Efforts will be made to conclude the investigation in as timely a manner as possible while ensuring that the investigation is thorough and complete. The party complaining of discrimination, harassment or retaliation will be informed of the results of the investigation.

All volunteers are expected to cooperate with the investigation. Failure to cooperate may result in administrative and/or disciplinary action.

Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

Responsive Action

Conduct that is inconsistent with this policy will be dealt with appropriately and promptly following the conclusion of the investigation. Responsive action may include, for example, training, referral to counseling, monitoring of the offender, and/or disciplinary action, such as a warning, a reprimand, or removal from the volunteer position.

The decision as to what discipline or other action, if any, should be imposed or implemented as to volunteers will be made by the President in consultation with the CEO, except that the President shall not consult with the CEO if the CEO is implicated. However, if the allegations in question implicate the President, the decision will be made by an Officer not implicated in the following order in consultation with the CEO, except that the Officer shall not consult with the CEO if the CEO is implicated: Senior Vice President, First Vice President, Treasurer/Secretary, Immediate Past President. Should the policy violation be of the nature and the level of egregiousness that it possibly merits removal of a Board member, the issue will be brought to the Board’s attention and a possible removal would follow the steps outlined in the Bylaws. The CEO and/or President or other Officer, if applicable, may consult with and/or otherwise involve the Association’s attorneys and/or human resources consultants as they deem appropriate.

This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular sex, or any other protected characteristic, from participating in business or work-related social activities or discussions in order to avoid allegations of harassment. The law and the Association’s policies prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to the terms, conditions, privileges and perquisites of employment or in providing services on a volunteer basis. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

False and malicious complaints of harassment, discrimination or retaliation may be the subject of appropriate disciplinary action.

Individuals who have questions about this Anti-Discrimination and Anti-Harassment Policy should speak with the CEO or President of the Association.

[1] “Genetic information” includes:

• Information about an individual's genetic tests;
• Information about the genetic tests of a family member;
• Family medical history;
• Requests for, and receipt of, genetic services by an individual or a family member; and
• Genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.

Monmouth Ocean Regional REALTORS®
Confidentiality Policy

This Confidentiality Policy (Policy) is adopted in order to ensure matters which are to remain known only to certain persons affiliated with the ASSOCIATION are kept that way.

ASSOCIATION members and staff are frequently involved in proceedings or actions that involve information that should be kept private. The purpose of this Policy is to define and set forth what information that is and to inform members and staff of procedures to be followed to ensure confidentiality.

This Policy is applicable to all members of the ASSOCIATION who serve in voluntary governance positions. Voluntary governance positions include all members of the Executive/Personnel Committee, Board of Directors, Committees, Sub-Committees, and Task Forces.

Confidential Information includes but is not limited to any information pertaining to The ASSOCIATION's matters of competition, current or anticipated operations, Human Resources, procedures, 3 ^rd party relationships and agreements, work product, and personal identification information. Some examples of Confidential Information are:

• Information related to any previous, current, or anticipated Professional Standards proceedings (including the Ombudsman, Mediation, Ethics, and Arbitration programs) • Information related to Professional Development programs and the creation of such programs that is specifically identified as confidential
• Information related to the development and creation of any artwork, marketing material, graphic design, and other printed material to be used by the ASSOCIATION, its staff and members
• Information concerning the process used to create and publish the ASSOCIATION magazine, newsletters, podcasts and any other communications tool utilized by the ASSOCIATION
• Information related to vendor contracts and any proprietary information learned by the

ASSOCIATION in obtaining and fulfilling its obligations pursuant to vendor contracts

• Any information related to government affairs and political involvement programming of the ASSOCIATION not otherwise required to be made public (e.g. process used to determine campaign contributions, discussions surrounding decisions for campaign contributions and endorsements, and membership data, etc.)
• Information pertaining to the process used to create and publish the ASSOCIATION Forms Library that is specifically identified as confidential
• Information related to personnel decisions (e.g. hiring, firing, promotion, reprimand, salary increases, etc.)
• Information related to the identity of any individual such as date of birth, social security number, tax ID number or other private/secure information.
• Financial information including credit card numbers, account numbers and other finance related instruments.
• Information obtained pursuant to closed meetings of ASSOCIATION committees, Board of Directors, or Executive Committee Any other information not generally known that if disseminated could be reasonably expected to adversely affect the ASSOCIATION

General Non-Disclosure of Confidential Information

At no time shall an ASSOCIATION member disclose Confidential Information unless expressly permitted to do so at the discretion or direction of the CEO of the ASSOCIATION. Further, unless expressly permitted to do so, at no time shall an ASSOCIATION member make copies of Confidential Information except as may be required in the performance of the person's job duties or voluntary governance position duties.

Governance

From time to time, it may be necessary or required for meetings of ASSOCIATION leadership (i.e. certain committees, Executive Committee, Board of Directors) to be held in executive session. The proceedings of these meetings are confidential in nature and shall not be disclosed to individuals who were not present at the meeting.

Any information discussed at a meeting held in executive session or documents that are disseminated are to remain confidential and may not be shared with anyone not in attendance

Member Information

Members of the ASSOCIATION frequently provide information to the ASSOCIATION related to membership requirements with the National Association of REALTORS ^O New Jersey REALTORS ^O as well as information regarding contributions to the REALTORS ^O Political Action Committee. Any information provided to the ASSOCIATION for these limited purposes shall be deemed confidential and may not be shared with any other member of the ASSOCIATION or with ASSOCIATION staff holding positions to which the information would not be relevant.

Acknowledgment

By agreeing to serve in an ASSOCIATION voluntary governance position, each Applicable Person agrees to abide by the terms in this Policy. Applicable Persons also acknowledge that

Confidential Information learned or discovered during the course of the person's affiliation with the ASSOCIATION is the sole property of the ASSOCIATION and further agrees to leave any hard copies containing Confidential Information in the possession of the ASSOCIATION upon either the end of the Applicable Person's affiliation with the ASSOCIATION or the end of the person's service in a voluntary governance position.

As a condition of service to hold a position of service on the Board of Directors,

Executive/Personnel Committee, any Standing Committee, Special Committee, Sub-Committee or Task Force of Monmouth Ocean Regional REALTORS® , members are required to sign the following statement:

I agree to abide by the terms and conditions stipulated in all the Monmouth Ocean Regional REALTORS® Policies above.  I understand that my failure to abide by the terms of the Policies may result in my immediate dismissal from my volunteer governance position with the Association as well as my Good Standing membership status in Monmouth Ocean Regional REALTORS®.