WITHIN REACH FOUDNATION

Whistleblower Policy

Adopted September 23rd, 2021

GENERAL PRINCIPLES

As stewards of the public trust, all directors, officers, employees, and volunteers of [WITHIN REACH FOUNDATION] (the “Foundation”) are expected to ensure that the Foundation complies with high standards in financial accounting and reporting, and engages in lawful and ethical behavior.  This Whistleblower Policy (this “Policy”) is intended to remind directors, officers, employees, and volunteers of this expectation, to encourage all to report to management any concerns about possible violations, to lay out procedures for reporting and investigating complaints, and to describe the protections afforded under this Policy.

The Board of Directors of the Foundation (the “Board”) will oversee the implementation of and compliance with this Policy. The Board designates the Secretary of the Foundation, under the direction of the Board, to administer this Policy on its behalf and to report to the Board concerning such administration.

This Policy must be distributed to all directors, officers, and employees of the Foundation, and to volunteers who provide substantial services to the Foundation.

COMPLAINTS

If any director, officer, employee, or volunteer knows or has a reasonable belief that persons associated with the Foundation have engaged or plan to engage in illegal or unethical conduct in connection with the Foundation’s financial resources or operations, that person is expected to file a complaint immediately.  Individuals are encouraged to provide as much information as possible to permit a thorough and complete investigation of the complaint. 

PROCEDURE FOR FILING COMPLAINTS

Complaints may be reported on a confidential basis, orally or in writing, giving as much detail as possible, to the Secretary of the Foundation or, if the complaint concerns the Secretary, to the Alternate.  Contact information is appended to this Policy.  The Secretary or the Alternate, upon receiving a complaint, will promptly prepare a written summary of the complaint, including as much detail as possible.

Any person who receives an oral or written communication regarding illegal or unethical conduct in connection with the Foundation’s financial resources or operations must promptly inform the Secretary or the Alternate, as applicable, unless the Secretary or the Alternate has already received the communication.  

Handling of Complaints Received

• All non-anonymous complaints will be acknowledged promptly by the individual receiving the complaint.

• If the Alternate receives the complaint, the Alternate will report the complaint to the Secretary, unless the complaint concerns the Secretary, in which case the complaint will be reported to the Chair of the Board.

• The complaint will be reviewed, possibly with counsel, and investigative action will be undertaken as promptly as possible.

• The Secretary or the Alternate, as applicable and in consultation with the Chair of the Board, will decide on further actions to be taken, including additional investigation and/or recommendations to the Board with respect to legal or disciplinary action.

• The Secretary (or the Chair of the Board if the Secretary is the target of the complaint) will report any complaint to the Board.  This report will generally include a copy of the complaint and the date and nature of the complaint.  It will also describe the conduct and status of any investigation and any recommendations to address the complaint.

• Records of all complaints will be maintained for four (4) years.

ACTION ON COMPLAINTS

The Board will take appropriate action in response to any complaints, including disciplinary action (up to and including termination of employment) against any person who, in the Foundation’s assessment, has engaged in unethical conduct or misconduct and, where appropriate, report such misconduct to the relevant civil or criminal authorities.

Directors who are employees of the Foundation may not participate in Board deliberations or votes relating to administration of this Policy.  In addition, any person who is the subject of a report made pursuant to this Policy may not be present at or participate in any Board deliberations or votes on the matter relating to the report.  However, the Board may request that such person present background information or answer questions at a meeting of the Board prior to the commencement of deliberations or voting.

PROTECTION UNDER POLICY

No director, officer, employee, or volunteer who, in good faith, reports any action or suspected action taken by or within the Foundation that is illegal, fraudulent, or in violation of any adopted policy of the Foundation shall suffer intimidation, harassment, discrimination, or other retaliation or, in the case of employees, adverse employment consequences.  

Any director, officer, employee, or volunteer who retaliates against another for reporting a complaint in good faith pursuant to this Policy will be subject to disciplinary action, up to and including termination from employment or removal from office or from the Board.  Any director, officer, employee, or volunteer who deliberately or maliciously provides false information may be subject to disciplinary action, up to and including termination of employment or removal from office or from the Board.

CONFIDENTIALITY

In conducting its investigations and in reporting complaints, the Foundation will strive to keep as confidential as possible and practicable the identity of any complainant or any individual who provides information during an investigation, except as required by law or in light of the need to conduct a thorough investigation.

NO CONTRACT

This Policy does not create a promise or contract by the Foundation, and it may be amended at any time without prior notification.  Employment at the Foundation is at will and nothing in this Policy should be interpreted as in any way limiting such at-will relationship.  

CONTACT INFORMATION

Secretary: Carole Amarakoon carole.amarakoon@gmail.com 

Alternate: Drina Scheiber drina@thebartgroup.com