Privacy Policy
The Conservative Caucus Foundation shall take all reasonable measures to protect the
confidentiality of information regarding TCCF members and supporters. The database shall be
password protected, and passwords shall be issued only to those who need to make changes. The
database shall contain only names, contact information, and contribution histories. Credit card
information shall not be kept online, and paper authorization forms shall be shredded after an
appropriate interval. The database shall be available for rent or exchange, but anyone who
requests it shall be exempted.
Conflict of Interest
Article I
Purpose
The purpose of the conflict of interest policy is to protect The Conservative
Caucus Research, Analysis & Education Foundation, Inc. (TCCF) when it is
contemplating entering into a transaction or arrangement that might benefit the
private interest of an officer or trustee of TCCF or might result in a possible
excess benefit transaction. This policy is intended to supplement but not replace
any applicable state and federal laws governing conflict of interest applicable to
nonprofit and charitable organizations.
Article II
Definitions
1. Interested Person.
Any trustee, principal officer, or member of a committee with governing board
delegated powers, who has a direct or indirect financial interest, as defined below,
is an interested person.
2. Financial Interest.
A person has a financial interest if the person has, directly or indirectly, through
business, investment, or family:
a. An ownership or investment interest in any entity with which TCCF has a
transaction or arrangement,
b. A compensation arrangement with TCCF or with any entity or individual with
which TCCF has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement
with, any entity or individual with which TCCF is negotiating a transaction or
arrangement.
Compensation includes direct and indirect remuneration as well as gifts or favors
that are not insubstantial.
A financial interest is not necessarily a conflict of interest.
Under Article III,
Section 2, a person who has a financial interest may have a conflict of interest
only if the appropriate governing board or committee decides that a conflict of
interest exists.
Article III
Procedures
1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person
must disclose the existence of the financial interest and be given the opportunity
to disclose all material facts to the trustee and members of committees with
governing board delegated powers considering the proposed transaction or
arrangement.
2. 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 shall leave the governing board or
committee meeting while the determination of a conflict of interest is discussed
and voted upon. The remaining board or committee members shall decide if a
conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or
committee meeting, but after the presentation, he shall leave the meeting during
the discussion of, and the vote on, the transaction or arrangement involving the
possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate,
appoint a disinterested person or committee to investigate alternatives to the
proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall
determine whether TCCF can obtain with reasonable efforts a more advantageous
transaction or arrangement from a person or entity that would not give rise to a
conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible
under circumstances not producing a conflict of interest, the governing board or
committee shall determine by a majority vote of the disinterested trustees whether
the transaction or arrangement is in TCCF's best interest, for its own benefit, and
whether it is fair and reasonable. In conformity with the above determination it
shall make its decision as to whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or 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.
b. If, after hearing the member's response and after making further investigation
as warranted by the circumstances, the governing board or committee determines
the member has failed to disclose an actual or possible conflict of interest, it shall
take appropriate disciplinary and corrective action.
Article IV
Records of Proceedings
The minutes of the governing board and all committees with board delegated
powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a
financial interest in connection with an actual or possible conflict of interest, the
nature of the financial interest, any action taken to determine whether a conflict of
interest was present, and the governing board's or committee's decision as to
whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating
to the transaction or arrangement, the content of the discussion, including any
alternatives to the proposed transaction or arrangement, and a record of any votes
taken in connection with the proceedings.
Article V
Compensation
a. A voting member of the governing board who receives compensation, directly
or indirectly, from TCCF for services is precluded from voting on matters
pertaining to that member's compensation.
b. A voting member of any committee whose jurisdiction includes compensation
matters and who receives compensation, directly or indirectly, from TCCF for
services is precluded from voting on matters pertaining to that member's
compensation.
c. No voting member of the governing board or any committee whose jurisdiction
includes compensation matters and who receives compensation, directly or
indirectly, from TCCF, either individually or collectively, is prohibited from
providing information to any committee regarding compensation.
Article VI
Annual Statements
Each trustee, principal officer and member of a committee with governing board
delegated powers shall annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands TCCF is charitable and in order to maintain its federal tax
exemption it must engage primarily in activities which accomplish one or more of
its tax-exempt purposes.
Article VII
Periodic Reviews
To ensure TCCF operates in a manner consistent with charitable purposes and
does not engage in activities that could jeopardize its tax-exempt status, periodic
reviews shall be conducted. The periodic reviews shall, at a minimum, include the
following subjects:
a. Whether compensation arrangements and benefits are reasonable, based on
competent survey information, and the result of arm's length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management
organizations conform to TCCF's written policies, are properly recorded, reflect
reasonable investment or payments for goods and services, further charitable
purposes and do not result in inurement, impermissible private benefit or in an
excess benefit transaction.
Article VIII
Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, TCCF may,
but need not, use outside advisors. If outside experts are used, their use shall not
relieve the governing board of its responsibility for ensuring periodic reviews are
conducted.
Whistle Blower Policy
General
TCCF requires trustees, officers, employees, and volunteers to observe high
standards of business and personal ethics in the conduct of their duties and
responsibilities. As representatives of the organization, they must practice honesty
and integrity in fulfilling their responsibilities and comply with all applicable laws
and regulations.
Reporting Responsibility
It is the responsibility of all directors, officers, employees, and volunteers to
observe ethical standards, and to report violations or suspected violations in
accordance with this Whistleblower Policy.
No Retaliation
No director, officer, employee, or volunteer who in good faith reports a violation
shall suffer harassment, retaliation or adverse employment consequence,
regardless of whether or not the report is sustained. Anyone 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 the
organization prior to seeking resolution outside the organization.
Reporting Violations
If anyone reasonably believes that some policy, practice or activity of TCCF is in
violation of law, or a clear mandate or public policy, a written complaint must be
filed with the Chairman or Administrative Vice Chairman, who shall be
responsible for investigating all allegations concerning violation, and making
recommendations to the Board of Trustees of TCCF.
Accounting and Auditing Matters
The board of directors shall address all reported concerns or complaints regarding
corporate accounting practices, internal controls or auditing. The Chairman shall
immediately notify the board of any such complaint and work with the committee
until the matter is resolved.
Acting in Good Faith
Anyone filing a complaint concerning a violation or suspected violation of
unethical behavior must be acting in good faith and have reasonable grounds for
believing the information disclosed indicates a violation. Any allegations that
prove not to be substantiated and which prove to have been made maliciously or
knowingly to be false will be viewed as a serious disciplinary offense.
Confidentiality
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.
Handling of Reported Violations
The Chairman will notify the sender and acknowledge receipt of the reported
violation or suspected violation within five business days. All reports will be
promptly investigated and appropriate corrective action will be taken if warranted
by the investigation.
Copyright 2004, National Council of Nonprofit Associations, www.ncna.org.
Used by permission.
DOCUMENT RETENTION POLICY
ARTICLE I
PURPOSE
The purposes of this document retention policy are for TCCF to enhance compliance with Federal
and state law and to promote the proper treatment of corporate records of the Organization.
ARTICLE II
POLICY
Section 1. General Guidelines. Records should not be kept if they are no longer needed for
the operation of the business or required by law. Unnecessary records should be eliminated from
the files. The cost of maintaining records is an expense which can grow unreasonably if good
housekeeping is not performed. A mass of records also makes it more difficult to find pertinent
records.
From time to time, the Organization may establish retention or destruction policies or schedules
for specific categories of records in order to ensure legal compliance, and also to accomplish
other objectives, such as preserving intellectual property and cost management. Several
categories of documents that warrant special consideration are identified below. While
minimum retention periods are established, the retention of the documents identified below and
of documents not included in the identified categories should be determined primarily by the
application of the general guidelines affecting document retention, as well as the exception for
litigation relevant documents and any other pertinent factors.
Section 2. Exception for Litigation Relevant Documents. The Organization expects all
officers, directors, and employees to comply fully with any published records retention or
destruction policies and schedules, provided that all officers, directors, and employees should
note the following general exception to any stated destruction schedule: If you believe, or the
Organization informs you, that Organization records are relevant to litigation, or potential
litigation (i.e., a dispute that could result in litigation), then you must preserve those records until
it is determined that the records are no longer needed. That exception supersedes any previously
or subsequently established destruction schedule for those records.
Section 3. Minimum Retention Periods for Specific Categories
(a) Organizational Documents. Organizational records include the Organization's articles of
incorporation, by-laws and IRS Form 1023, Application for Exemption.Organizational records
should be retained permanently. IRS regulations require that the Form 1023 be available for public
inspection upon request.
(b) Tax Records. Tax records include, but may not be limited to, documents
concerning payroll, expenses, proof of contributions made by donors, accounting
procedures, and other documents concerning the Organization's revenues. Tax
records should be retained for at least seven years from the date of filing the
applicable return.
(c) Employment Records/Personnel Records. State and federal statutes require the
Organization to keep certain recruitment, employment and personnel information.
The Organization should also keep personnel files that reflect performance
reviews and any complaints brought against the Organization or individual
employees under applicable state and federal statutes. The Organization should
also keep in the employee's personnel file all final memoranda and
correspondence reflecting performance reviews and actions taken by or against
personnel. Employment applications should be retained for three years.
Retirement and pension records should be kept permanently. Other employment
and personnel records should be retained for seven years.
(d) Board and Board Committee Materials. Meeting minutes should be retained in
perpetuity in the Organization's minute book. A clean copy of all other Board
and Board Committee materials should be kept for no less than three years by the
Organization.
(e) Press Releases/Public Filings. The Organization should retain permanent copies
of all press releases and publicly filed documents under the theory that the
Organization should have its own copy to test the accuracy of any document a
member of the public can theoretically produce against the Organization.
(f) Legal Files. Legal counsel should be consulted to determine the retention period
of particular documents, but legal documents should generally be maintained for a
period of ten years.
The Organization should keep all documents designated as containing trade secret
information for at least the life of the trade secret.
(g) Contracts. Final, execution copies of all contracts entered into by the
Organization should be retained. The Organization should retain copies of the
final contracts for at least three years beyond the life of the agreement, and longer
in the case of publicly filed contracts.
(h) Correspondence. Unless correspondence falls under another category listed
elsewhere in this policy, correspondence should generally be saved for two years.
(i) Banking and Accounting. Accounts payable ledgers and schedules should be kept
for seven years. Bank reconciliations, bank statements, deposit slips and checks
(unless for important payments and purchases) should be kept for three years.
Any inventories of products, materials, and supplies and any invoices should be
kept for seven years.
(k) Insurance. Expired insurance policies, insurance records, accident reports, claims,
etc. should be kept permanently.
(l) Audit Records. External audit reports should be kept permanently. Internal audit
reports should be kept for three years.
Section 4. Electronic Mail. E-mail that needs to be saved should be either:
(i) printed in hard copy and kept in the appropriate file; or
(ii) downloaded to a computer file and kept electronically or on disk as a
separate file.
The retention period depends upon the subject matter of the e-mail, as covered elsewhere in this
policy.
IRS Form 990- Click on each link below for the form
