GITBOOK-9: Draft Whistleblower boilerplate

SUMMARY.md

@@ -9,7 +9,9 @@
 * [Contingency or Disaster Policy](contingency-or-disaster-policy.md)
 * [Investment Policy](investment-policy.md)
 * [Whistleblower Policy](whistleblower-policy.md)
+* [\[DRAFT\] Whistleblower Policy](draft-whistleblower-policy.md)
 * [Compensation Policy](compensation-policy.md)
 * [Gift Acceptance Policy](gift-acceptance-policy.md)
 * [990 Review Policy](990-review-policy.md)
 * [Public Disclosure Policy](public-disclosure-policy.md)
+* [Confidentiality Policy](confidentiality-policy.md)

confidentiality-policy.md

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+# Confidentiality Policy
+
+It is the policy of the Montana Dinosaur Center that board members and employees of the Montana Dinosaur Center may not disclose, divulge, or make accessible confidential information belonging to, or obtained through their affiliation with the Montana Dinosaur Center to any person, including relatives, friends, and business and professional associates, other than to persons who have a legitimate need for such information and to whom the Montana Dinosaur has authorized disclosure. Board members and employees shall use confidential information solely for the purpose of performing services as a board member or employee for the Montana Dinosaur Center. This policy is not intended to prevent disclosure where disclosure is required by law.
+
+Board members and employees must exercise good judgment and care at all times to avoid unauthorized or improper disclosures of confidential information. Conversations in public places, such as restaurants, elevators, and airplanes, should be limited to matters that do not pertain to information of a sensitive or confidential nature. 
+
+At the end of a board member’s term in office or upon the termination of an employee’s employment, he or she shall return, at the request of the Montana Dinosaur Center, all documents, papers, and other materials, regardless of medium, that may contain or be derived from confidential information in his or her possession. Confidential information includes, but is not limited to, our donors, supporters, employees, landowners, site locations, site discoveries, marketing processes, as well as our financial information, which includes current and future business plans, our computer and software systems and processes, personnel information, and associated documents.
+
+### Revision History by the TMDC Board 
+
+Initial Confidentiality policy adopted February 15, 2023
+
+\

draft-whistleblower-policy.md

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+# \[DRAFT] Whistleblower Policy
+
+## The Montana Dinosaur Center (TMDC) [Whistleblower and Non-Retaliation Policy ](#user-content-fn-1)[^1]
+
+### 1. General 
+
+TMDC's Code of Ethics requires directors, officers, employees, and volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. 
+
+As employees and representatives of TMDC, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. 
+
+### 2. Reporting Responsibility
+
+It is the responsibility of all directors, officers, employees, and volunteers to comply with and to report violations or suspected violations of the Code of Ethics, TMDC policies, or laws in accordance with this policy. 
+
+#### 3. No Retaliation
+
+No director, officer, employee, volunteer, or contractor who in good faith reports a violation of the Code, MNA policies, or law shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within MNA prior to seeking resolution outside MNA. 
+
+### 4. Reporting Violations
+
+Directors, officers, employees, and volunteers should share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, employees and volunteers should report to the MNA Executive Director.
+
+However, if an employee or volunteer is not comfortable speaking with the Executive Director or is not satisfied with the response, that employee or volunteer is encouraged to report to any officer of the Board. 
+
+### 5. Acting in Good Faith 
+
+Any good faith report, concern or complaint is fully protected by this policy, even if the report, question or concern is, after investigation, not substantiated. Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code, MNA policy, or law. Any allegations that prove not to be substantiated and have been made maliciously or with knowledge that they were false will be treated as a serious disciplinary offense. 
+
+### 6. Confidentiality 
+
+Upon the request of the complainant, TMDC will use its best efforts to protect the confidentiality of the complainant for any good faith report. Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. 
+
+### 7. Handling of Reported Violations
+
+All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. The complainant will be informed that follow-up has or is occurring within two weeks after the Executive Director or board officer has received the complaint or report. The Executive Committee shall be informed of all such complaints or reports. 
+
+### History of policy:
+
+* Adopted by Board of Directors on \[tk date]
+
+
+
+[^1]: Based upon a Whistleblower policy Copyright 2004, National Council of Nonprofit Associations, www.ncna.org. The National Council of Nonprofit Associations (NCNA) is the network of state and regional nonprofit associations serving over 22,000 members in 46 states and the District of Columbia. NCNA links local organizations to a national audience through state associations and helps small and midsized nonprofits: manage and lead more effectively; collaborate and exchange solutions; save money through group buying opportunities; engage in critical policy issues affecting the sector; and achieve greater impact in their communities