Work Place, Employment and Operational Policies   Policy No. 1 - Equal Opportunity The Northwest Horticultural Council will abide by federal and state laws in regard to non-discrimination in employment.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 2 - Drugs The Northwest Horticultural Council will provide a drug-free work place. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in NHC’s work place.  Any employee violating this policy is subject to termination.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 3 - Tobacco No employee of the Northwest Horticultural Council shall use cigarettes, cigars, pipes or any other form of tobacco in the work place of the NHC.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 4 - Vacations   1.   Full-time employees of the Northwest Horticultural Council are entitled to vacation time after having served one year. 2.   Date of hire shall be used to calculate eligibility for each employee. 3.   No salary will be paid in lieu of vacation. 4.   In the case of termination, salary will be paid for vacation unused. 5.   No vacation can be taken without the prior approval of the NHC’s president. 6.   The maximum vacation days allowed any employee may not exceed his or her yearly allowance plus ten (10).  Any vacation days not taken above the accrued maximum will be lost. 7.      The Executive Committee of the NHC shall determine the number of vacation days allowed each employee in conjunction with the adoption of each fiscal year’s budget.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 5 - Business Travel All reasonable expenses incurred by an employee of the NHC related to travel while in the pursuit of NHC business shall be reimbursed in full by the NHC.  A written statement of expenses from each employee claiming reimbursement shall be made on a form supplied by the NHC.  Approval by the president of the NHC is required prior to payment of any employee claim for travel reimbursement. In regard to airline travel, employees shall fly coach class on domestic flights, absent special circumstances.  Foreign business travel may be by either coach class or business class.  The president, vice president and vice president for scientific affairs are entitled to join one airline travel club at the expense of the NHC.  NHC employees are entitled to the use of any frequent flyer plan awards for personal use. In regard to automobile travel, mileage for the use of an employee’s personal car in the conduct of business for the NHC shall be reimbursed at the standard allowance rate for mileage as published by the Internal Revenue Service.  The professional staff of the NHC are expected to each maintain a valid driver’s license.  No reimbursement shall be made for ordinary travel between residence and work.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 6 - Membership in Professional Societies The NHC shall pay the reasonable membership dues for its employees in professional societies deemed important to the work of the NHC.  It will also pay reasonable expenses for continuing education requirements that might be required by the profession.   Adopted July 21, 1990 Policy No. 7 - Retirement Plan Regular employees of the NHC shall be covered by a Simplified Employee Pension (SEP) retirement plan.  The NHC reserves the right to not fund this plan in any given fiscal year but if funded, the same contribution percentage of gross salary shall be set aside for each eligible employee.  Eligibility for participation in this plan shall commence one year after an employee’s date of hire.  Workers under the age of 21 are not eligible.  Compensation for a plan year must be at least $300.  All contributions, once made, are 100% vested.   Adopted July 21, 1990 Policy No. 8 - Medical and Dental Insurance The full time employees of the NHCC are provided medical and dental coverage under a plan offered by the Yakima Valley Growers-Shippers Association.  Continued coverage and the extent of employer contribution to the cost of this insurance shall be reviewed on a yearly basis by the Executive Committee.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 8A - Disability Insurance The full time employees of the NHC are provided an opportunity to acquire disability insurance with the assistance of the employer.  Subject to a maximum contribution amount to be set by the Executive Committee in conjunction with the adoption of each fiscal year’s budget, the NHC initially will pay three quarters the cost of disability insurance to the individual employee’s one quarter contribution.  Continued coverage and the extent of employer contribution to the cost of this insurance shall be reviewed on a yearly basis by the Executive Committee   Adopted July 30, 1994 Amended July 23, 1999 Policy No. 9 - Outside Consulting No employee of the NHC shall take outside employment or provide consulting services in any regard which conflicts with the work of the Northwest Horticultural Council.  Any significant outside consulting or employment by any professional staff member shall be described to and approved by the Executive Committee.   Adopted July 21, 1990 Amended July 23, 1999 Policy No. 10 -  Whistleblower Protections At the Northwest Horticultural Council any staff member, trustee, or volunteer who reports waste, fraud, or abuse will not be fired or otherwise retaliated against for making the report.  It will be treated with proper confidentiality and may be made anonymously. The report will be investigated and even if determined not to be waste, fraud, or abuse, the individual making the report will not be fired or otherwise retaliated against.  There will be no punishment for reporting problems—including firing, demotion, suspension, harassment, failure to consider the employee for promotion, or any other kind of discrimination. Reports of suspected waste, fraud, or abuse may be made by:   -         Informing the NHC’s president; or -         Submitting a written report to either the NHC’s Executive Committee or       its independent certified public accounting firm; or -         Calling, or e-mailing any member of the NHC’s Executive Committee (Current information on the members of the NHC’s Executive Committee is maintained on the NHC’s web site.) Its recipient will promptly and fully investigate any such written or verbal report. In no later than three months, at least an initial response containing a summary of findings to date will be given to the person, if known, initiating the report.  Steps will be taken to deal with the issues addressed, including making any needed operational or personnel changes. If warranted, law enforcement will be contacted to deal with any criminal activities. The Northwest Horticultural Council will abide by the provisions of the Sarbanes-Oxley Act of 2002 in terms of its whistleblower protections applicable to nonprofit corporations  Adopted December 16, 2005 Policy No. 11 - Conflict of Interest Section 1.   Purpose:   The Northwest Horticultural Council is a nonprofit, tax-exempt organization under Section 501 (c) (6) of the Internal Revenue Code.  Maintenance of its tax-exempt status is important both for its continued financial stability and for the support of the Pacific Northwest ’s tree fruit industry.  Therefore, the IRS as well as state regulatory and tax officials view the operations of the Northwest Horticultural Council (NHC) as a public trust, which is subject to scrutiny by and accountable to such governmental authorities as well as the NHC’s membership. Consequently, there exists between the NHC and its board, officers, and employees and the public a fiduciary duty, which carries with it a broad and unbending duty of loyalty and fidelity.  The board, officers, and employees have the responsibility of administrating the affairs of the NHC honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of the NHC.  Those persons shall not use their positions with the NHC or knowledge gained there from for their personal benefit.  The interests of the organization must be the first priority in all decisions and actions. Section 2.  Persons Concerned: This statement is directed to both trustees and employees of the NHC. Section 3.  Areas In Which Conflict May Arise: Conflicts of interest may arise in the relations of trustees, officers, and employees with any of the following third parties: 1.      Persons and firms supplying goods and services to the NHC. 2.      Persons and firms from whom the NHC leases property and equipment. 3.      Persons and firms with whom the NHC is dealing or planning to deal in connection with the gift, purchase or sale of real estate, securities, or other property. 4.      Competing or affinity organizations. 5.      Agencies, organizations and associations, which affect the operations of the NHC. 6.      Family members, friends, and other employees. Section 4.  Nature of Conflicting Interest: A conflicting interest may be defined as an interest, direct or indirect, with any persons or firms mentioned in Section 3. Such an interest might arise through: 1.      Owning stock or holding debt or other proprietary interests in any third party dealing with the NHC. 2.      Holding office, serving on the board, participating in management, or being otherwise employed (or formerly employed) with any third party dealing with the NHC. 3.      Receiving remuneration for services with respect to individual transactions involving the NHC. 4.      Using the NHC’s time, personnel, equipment, supplies, or good will for other than NHC-approved activities, programs, and purposes. 5.      Receiving personal gifts or loans from third parties dealing or competing with the NHC.  Receipt of any gift is disapproved except gifts of a value of $100 or less, which cannot be refused without discourtesy.  No personal gift of money should ever be accepted. Section 5.  Interpretation of This Statement of Policy: The areas of conflicting interest listed in Section 3, and the relations in those area which may give rise to conflict, as listed in Section 4, are not exhaustive.  Conflicts might arise in other areas or through other relations.  It is assumed the trustees, officers, and employees will recognize such areas by analogy. The fact that one of the interests described in Section 4 exists does not necessarily mean that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material, that upon full disclosure of all relevant facts and circumstances it is necessarily adverse to the interests of the NHC. However, it is the policy of the board that the existence of any of the interests described in Section 4 shall be disclosed before any transaction is consummated.  It shall be the continuing responsibility of the board, officers, and employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Section 6.  Disclosure Policy and Procedure: Transactions with parties with whom a conflicting interest exists may be undertaken only if all the following are observed: 1.      The conflicting interest is fully disclosed; 2.      The person with the conflict of interest is excluded from the discussion and approval of such transaction; 3.      A competitive bid or comparable valuation exists; and 4.      The board, or the Executive Committee, has determined that the transaction is in the best interest of the organization. Disclosure in the organization should be made to the president (or if he or she is the one with the conflict, then to the chairman), who shall bring the matter to the attention of the board or Executive Committee.  Disclosure involving trustees should be made to the chairman (or if he or she is the one with the conflict, then to the board’s vice-chairman) who shall bring these matters to the board or Executive Committee. The board or Executive Committee shall determine whether a conflict exists and, in the case of an existing conflict, whether the contemplated transaction may be authorized as just, fair and reasonable to the NHC.  The decision of the board or Executive Committee on these matters will rest in their sole discretion, and their concern must be the welfare of the NHC and the advancement of its purpose. Adopted May 22, 2007 Policy 12 – Annual Review of Employee Compensation The Executive Committee of the Northwest Horticultural Council is charged with conducting an annual review of employee compensation in advance of the board’s adoption of each new fiscal year’s budget. All compensation arrangements shall be approved in advance of receiving said compensation.  No trustee setting compensation shall have a conflict of interest with the compensation arrangement.  The Executive Committee shall use good business judgment in establishing compensation arrangements that are reasonable and commensurate with services provided.  This may, but not necessarily, involve obtaining appropriate data as to comparability; such as compensation levels paid by similarly situated organizations for functionally comparable positions or compensation surveys compiled by independent firms. All approved compensation arrangements shall be reduced to writing in a timely manner, but no later than within sixty days.  This document will be sent to all members of the Executive Committee and include the terms of the transactions and date approved, along with the names of those trustees present during debate on the transactions and any other relevant information. Among items, beyond yearly gross salary levels, for all employees that shall be considered annually by the Executive Committee, are vacation time; consideration of a contribution percentage of gross salary for the NHC’s Simplified Employee Pension (SEP) retirement plan; and, coverage and extent, if any, of employer contribution in the cost of medical, dental, vision, life, and disability insurance. Adopted May 22, 2007 Policy No. 13-19 (Reserved for future use)   Policy No. 20 - Reserve Policy The fund balance of the Northwest Horticultural Council should not exceed fifty percent of an amount representing the average of the past three years annual operating budget.  At the first trustees meeting after completion of the past fiscal year’s independent auditor’s report, an adjustment to reflect implementation of this policy will be considered by the trustees to the current fiscal year’s assessment schedule.  Adopted July 30, 1994 Amended August 4, 1995 Amended March 25, 1999 Northwest Horticultural Council 105 South 18th Street, Suite 105 Yakima, Washington 98901, USA Voice: (509) 453-3193, Fax: (509) 457-7615 E-mail general@nwhort.org