Whistleblower Policy

WHISTLE BLOWER POLICY

FOR Port Jefferson Station Teachers Association Welfare Fund OFFICIALS AND EMPLOYEES
__________________________________________

Port Jefferson Station Teachers Association Welfare Fund
(hereinafter referred to as the “Organization”) officials and employees are
obligated to comply with all relevant legal requirements in carrying out their
organizational responsibilities. A failure to meet these obligations, whether
intentional or inadvertent, can have adverse consequences for the reputation
and operation of the Organization. The purpose of this Whistleblower Policy
(“WB Policy”) is to establish a procedure by means of which any such failures
can be brought to the attention of the Organization, so that appropriate
corrective action can be taken.

I. DEFINITIONS
As used in the WB Policy, the following terms have the meanings
indicated:
A. The term “misconduct” means an action taken by the Organization
official or Organization employee in carrying out his or her
organizational responsibilities that is in violation of a legal
requirement.
B. The term “Organization official” means a member of the applicable
governace (i.e., a trustee of the Organization), Beth Ziff- Dimino, Beth Shapiro, and Brian St. Pierreand any other person designated by the Organization’s governance to
represent the Organization. The term does not mean an employee
of, or a consultant retained by the Organization.
C. The term “Organization employee” means a regular, probationary,
part-time, or temporary employee of the Organization. The term
does not mean the Organization official.
D. The term “person” means a member of the sponsoring labor
organization, an Organization employee, a consultant or vendor
who does or seeks to do business with the Organization or
sponsoring labor organization, and any other representative of the
Organization.
E. The term “WB Officer” means the person who is responsible for the
implementation of the WB Policy.

F. The term “whistleblower” means a person who notifies the WB
Officer of an action that he or she has reasonable cause to believe
constitutes misconduct.

II. WB OFFICER
Beth Ziff-Dimino, Beth Shapiro, and Maurizio Milana shall serve as the WB
Officers, and shall in that capacity be responsible for the implementation of the
WB Policy. The WB Officer shall monitor the implementation of the WB Policy,
and make periodic reports, when necessary, regarding its implementation to
the Organization’s governance.

 

III. WB POLICY PROCEDURES
A. Any person who has reasonable cause to believe that an
Organization official or Organization employee has engaged or is
about to engage in misconduct should notify the WB Officer in
writing. That person (“the whistleblower”) shall identify himself or
herself in the notice to the WB Officer, but the WB Officer shall, if
requested to do so by the whistleblower, treat the notice as
anonymous and shall not, except in response to a legal mandate,
reveal the whistleblower’s name. If the WB Officer is unavailable,
and the whistleblower believes that a delay in providing notification
can have adverse consequences for the Organization, he or she
may directly notify the Organization’s Port Jefferson Station Teachers Association Executive Board, who shall as soon as possible thereafter turn the matter over to the WB
Officer.
B. If, based upon the information provided by the whistleblower and
other relevant information, the WB Officer has reasonable cause to
believe that an Organization official or Organization employee has
engaged or is about to engage in misconduct, the WB Officer shall
promptly investigate the matter.
C. The WB Officer shall conduct an expeditious investigation of the
alleged misconduct, and shall submit a written opinion to the
Organization’s governance setting forth its conclusions as to
whether the Organization official or Organization employee has
engaged or is about to engage in misconduct.
D. Applicable only to Organization employees: Thereafter, upon
determining that the Organization employee has engaged or is
about to engage in misconduct, the WB Officer shall consult with
the Organization’s governance. After such consultation, the WB
Officer shall arrange for such action, as he or she deems
appropriate, to be taken against the Organization employee who

has engaged or is about to engage in misconduct. The imposition of
any discipline against any Organization employee shall be subject
to all terms and provisions of any governing collective bargaining
agreement with the sponsoring labor organization, inclusive of the
right to union representation.
E. Applicable only to Organization officials: Upon determining that the
Organization official may have engaged or may be about to engage
in misconduct, the WB Officer shall consult with the
Organization’s governance, or a subcommittee thereof. After such
consultation, the governance or subcommittee shall make a
recommendation to the WB Officer, which recommendation shall
include a statement of the appropriate action to be imposed upon
the Organization offical who has engaged or is about to engage in
misconduct. The WB Officer shall thereafter act upon such
recommendation.
F. Bad Faith WB Complaints:
(1) Applicable only to Organization employees: If the WB Officer
concludes that an Organization employee has made an allegation
of misconduct, or has participated in an investigation of alleged
misconduct, in bad faith or without reasonable cause, the WB
Officer, after consulting with the Organization’s goverance, shall
arrange for appropriate disciplinary action to be taken against
such Organization employee. The imposition of any discipline
against any Organization employee shall be subject to all terms
and provisions of any governing collective bargaining agreement
with the sponsoring labor organization, inclusive of the right to
union representation.
(2) Applicable only to Organization officials: If the WB Officer
concludes that the Organization official has made an allegation of
misconduct, or has participated in an investigation of alleged
misconduct, in bad faith or without reasonable cause, the WB
Officer shall consult with the Organization’s governance, or a
subcommittee thereof. The governance or subcommittee shall then
make a recommendation to the WB Officer, which recommendation
shall include a statement of the appropriate action to be imposed
upon the Organization official. The WB Officer shall thereafter act
upon such recommendation.

IV. PROTECTION OF PERSONS WHO PROVIDE EVIDENCE OF ALLEGED
MISCONDUCT
A. Except as otherwise provided in Section III(F) above, no person
shall be subject to any form of direct or indirect retaliation by an

Organization official, Organization employee, or other Organization
representative because he or she (1) is a whistleblower, (2) has
participated in an investigation of alleged misconduct, or (3) has in
good faith in any other way been involved in the implementation of
the WB Policy.
B. Applicable only to Organization employees: If any person believes
that he or she has been subject to retaliation by an Organization
employee in violation of Section A above, that person shall
immediately report such retaliation, in writing, to the WB Officer.
The WB Officer shall promptly investigate the matter, and if the
WB Officer concludes, after such investigation, that the
Organization employee has engaged in retaliation, the WB Officer
shall arrange for appropriate disciplinary action to be taken
against the Organization employee who engaged in the retailation.
The imposition of any discipline against any Organization
employee shall be subject to all terms and provisions of any
governing collective bargaining agreement with the sponsoring
labor organization, inclusive of the right to representation.
C. Applicable only to Organization officials: If any person believes that
he or she has been subject to retaliation in violation of Section A
above by an Organization official, that person shall immediately
report such retaliation, in writing, to the WB Officer. The WB
Officer shall promptly investigate the matter, and if the WB Officer
concludes, after such investigation, that the Organization official
has engaged in retaliation, the WB Officer shall arrange for
appropriate disciplinary action to be taken against the
Organization official who engaged in the retailation.

V. MISCELLANEOUS
A. Nothing in the WB Policy shall be interpreted or applied to deprive
the Organization official or Organization employee of any rights
that he or she may have under the Organization’s governing
documents, policies, a contract with the sponsoring labor
organization, statute, or as an elected leader of a national or state
affiliate of the sponsoring labor organization. To the extent that the
WB Policy is inconsistent with any such right, the Organization’s
governing documents, policies, a contract with the sponsoring
labor organization, statutory right or right as an elected leader of a
national or state affiliate of the sponsoring labor organization shall
take precedence.
B. Any person who believes that an Organization official has engaged
or is about to engage in misconduct is encouraged to exhaust the

WB Policy before attempting to deal with the matter in any other
forum.
C. All information and documents involved in the implementation of
the WB Policy shall be treated as confidential, and the WB Officer
shall make such information and documents available to others
only on an “as needed” basis. To the extent relevant, all privileges,
including the attorney/client and attorney work product privileges,
shall apply to information and documents involved in the
implementation of the WB Policy, including any and all WB
complaints and investigations thereof.
D. If a question arises as to whether the WB Officer has engaged, may
be engaged, or is about to engage in misconduct, the matter is to
be directly referred to the Port Jefferson Station Teachers Association Executive Boardfor investigation and handling.

 

 

 

VI. EFFECTIVE DATE AND AMENDMENT; DISTRIBUTION

  1. The WB Policy shall be made effective as of January 6, 2010

and shall supersede all prior whistleblower policies of the
Organization dealing with the same subject or other policy dealing
with any provision expressly covered by this policy. The
Organization’s governance, may amend, from time to time as it
deems appropriate, those provisions of the WB Policy pertaining to
Organization officials. The Organization’s governance may amend,
from time to time as it deems appropriate, those provisions of the
WB Policy pertaining to Organization employees.

B. The WB Policy shall be posted on the Organization’s Web site, and
a copy of the Policy shall be distributed to all Organization officials
and Organization employees.

Effective: January 6, 2010

 

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