POLICIES

Non-Disclosure (Confidentiality)
Effective Date: 10/1/2006 Revised Date: 3/1/2010

The protection of confidential business and donor information is vital to the interests and the success of ASC. Such confidential information includes, but is not limited to, the following examples:

• Customer Lists
• Donor Information
• Financial Information
• Grant Recipient Data
• Marketing and Fundraising Strategies
• Pending Projects And Proposals
• Public Art
• Volunteer Information

You shall only access nonpublic personal information about donors or clients in the course of your employment and in the performance of services to the Company. Accessing nonpublic personal information for any other reason is strictly prohibited.

You must implement and maintain appropriate physical, electronic and procedural safeguards to maintain the confidentiality and security of nonpublic personal information collected about ASC’s donors and clients and to assure that you do not share such nonpublic personal information with any unaffiliated third party. You may not disclose any donor nonpublic personal information to an unaffiliated third party for servicing purposes (for example third party vendors, agents, etc.) or joint marketing purposes unless a signed agreement containing an appropriate confidentiality and nondisclosure provision exists between the parties unless otherwise permitted by law. That provision must require the other, nonaffiliated party to maintain the confidentiality of all nonpublic personal information and must prohibit the disclosure of any personal information, other than for the purposes for which such information was provided by ASC to such nonaffiliated party.

The sharing, disclosing and transmittal of nonpublic personal information through electronic mail shall be in conformity with electronic communications practices outlined in this Handbook.

Employees who improperly use or disclose trade secrets or confidential business information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information.

Social Security Number Privacy
Effective Date: 4/1/2009

Officers and employees are permitted to access and use certain personal information, such as Social Security Numbers, only as necessary and appropriate for such persons to carry out their assigned tasks for ASC and in accordance with ASC’s policy.

The unauthorized access, viewing, use, disclosure, or the intentional public display of such information and the unauthorized removal of documents from ASC’s premises that contain social security number information is prohibited and can result in discipline up to and including termination of employment.

If you come into contact with Social Security Numbers or other sensitive personal information without authorization from ASC or under circumstances outside of your assigned tasks, you may not use or disclose the information further, but must contact your supervisor and turn over to him or her all copies of the information in whatever form.

When necessary, documents containing social security information will be properly destroyed through shredding or other means prior to disposal to ensure confidential social security information is not disclosed.

For more information about whether and under what circumstances you may have access to this information, review your job description or contact your supervisor.

Information Security Responsibilities
Effective Date: 3/1/2010 Revised Date: 3/29/2022

Protecting Confidential Information:
All ASC donor data and other internal data are considered confidential. ASC does not share donor, grantee or other constituent information with any third-party organizations. However, ASC does use third-party vendors to facilitate the processing of donations both online and offline. These vendors comply with all security commerce guidelines and regulations to ensure the integrity and security of donor and non-donor information. ASC will never authorize vendors to sell or share a donor, grantee or other constituent’s information.

Staff must use due care when viewing, storing, using, transmitting or disposing of hard copy or electronic documents containing such sensitive information such as Social Security numbers, driver’s license, credit card, bank or other account numbers.

The ASC website automatically records information about visitors in the server logs. This information is not personally identifiable.  This data is analyzed for trends, insights and statistics. For example, it may show how many people visited the website during a certain period. We use web analytics products to optimize our website, including Google Analytics. These tools do not require our site visitors to identify themselves, and they do not provide us any personally identifiable information about our visitors that is not supplied voluntarily. Our goal in using analytics is to understand what parts of our website you like and which parts need work.

Securing your Workspace and Computers:
Protect the information entrusted to you, by securing your workplace and computer. ASC issued laptop computers, cellular phones, PDAs, other mobile devices and company information are often stolen or lost. These devices must remain in your possession at all times or be secured in a locked office or cabinet if you leave your workspace unattended. If you must leave your laptop computer, mobile device or company information in a vehicle, lock it in the trunk and out of plain sight; never leave it overnight in a vehicle. Do not check a laptop computer or mobile device as baggage on any form of transportation or leave it in a hotel luggage storage area. Do not keep passwords, access cards, key fobs/tokens, or hard copy confidential information with your laptop computer

Conflicts of Interest
Effective Date: 10/1/2006

Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which ASC wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Director of Administration of ASC for more information or questions about conflicts of interest.

Transactions with outside firms must be conducted within a framework established and controlled by the executive level of ASC. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gain refers to bribes, product bonuses, special fringe benefits, unusual price breaks, and other windfalls designed to ultimately benefit either the employer, the employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific executive-level approval.

An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of ASC’s business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.

No “presumption of guilt” is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to a member of the Leadership Team of ASC as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which ASC does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving ASC. On an annual basis, all ASC employees and ASC Board members will be asked to sign a statement of acknowledgement and understanding regarding the conflict of interest policy.

Arts & Science Council
Board Of Directors Service Policy

Adopted November 29, 2000
Amended September 16, 2015

Members of the Board of Directors are ambassadors and proponents of cultural activities to the general public and serve the Arts & Science Council (ASC) in a variety of ways.  Specifically, responsibilities of Directors are listed as follows:

Responsibilities

1. Demonstrate understanding and endorsement of ASC vision and strategy in the community. Board members learn, endorse and actively support the mission, vision, strategic goals and policy positions of the ASC and become familiar with its bylaws, history and goals. Each member participates in the initial orientation and any on-going training provided for Board members and is familiar with and current on all the facts upon which they must base their collective opinions and decisions. Each represents ASC appropriately and accurately within the regional community.
   
   
2. Experience the cultural community on an ongoing basis. Board members regularly participate in cultural events to have current, direct experience with the regional cultural community.
   
   
3. Be actively involved in and committed to Board work. Board members are willing and able to put out effort, time, and brain power especially when bumps in the road occur. They are actively involved in the work of the Board and its committees, staying fully informed about current operations and issues by attending meetings regularly, coming to meetings well prepared, and participating fully in all matters. Board members actively serve on 1 Fiduciary committee or 1 Strategic Committee/Area Council Chair. Some Directors will be asked by the Governance Committee to serve on two. They notify the President’s office in advance when a conflict prevents them from attending a scheduled Board meeting.
   
   
4. Recognize that an essential function of a good board is fundraising, and cooperate fully in achieving ASC’s financial goals.  Each year, ASC Board  Members will be asked to make personal gifts as generous as possible, assist in their own workplace employee campaign and assist other fundraising solicitations as requested. In addition, Board Members will be looked to as     primary candidates for leadership positions for ASC’s fundraising campaign;
   
   
5. Assist in ASC’s ongoing plan of advocacy with local, state and federally elected government officials on behalf of Charlotte/Mecklenburg’s cultural system. This proactive process is used to educate and update public officials on the community’s cultural system and is conducted within the legal limits of the law for nonprofit organizations;
   
   
6. Support and ASC President and Staff internally and in the community. Directors have the responsibility to support the ASC and its President and to demonstrate that support within the community.
   
   
7. Hire and hold the ASC President accountable for achieving goals and objectives related to strategy and the execution of the strategic plan.
   
   
8. Encourage a culture of thinking outside the box.  Given the ongoing responsiveness needed to community changes, the Board sets a standard to think in non-traditional ways, and keeps a workable balance between clarity and complication. We will see mistakes and opportunities to learn and behave differently rather than failure.
   
   
9. Set policy. Set policy and focus on long-range and strategic issues. An individual Director does not become involved directly in specific management, personnel, or programmatic issues.
   
   
10. Responsible for fiduciary oversight of ASC. Each Director, not just the Treasurer and Finance committee, has fiduciary responsibility to the ASC for sound financial management.
    
    
11. Be a resource to staff as needed and appropriate. Board members serve as strategic resource to staff, with clear delineations of Board, staff, and Advisory Council roles.
    
    
12. Understand that authority is vested in the Board as a whole. A Director who learns of an issue of importance to the ASC has the obligation to bring it to the President or to the Board Chair, and must refrain from responding to the situation individually. Directors accept and support Board decisions. Once a decision has been made, the Board speaks with one voice.
    
    
13. Hold Board deliberations in confidence. Directors keep all Board deliberations confidential.
    
    
14. Aware of and intentional about avoiding conflicts of interest. Directors guard against conflict of interest, whether personal or business related.

Dual Board Practices

Given the high caliber of ASC Board Members, these individuals may be asked to serve other nonprofit cultural organizations as board members. It is the policy of ASC to prohibit its Board Members from simultaneously serving on an ASC Operating Support recipient Cultural Partner board of directors while serving on ASC’s Board. This policy minimizes any real or perceived conflict of interest related to dual board service.

1. No Board Member shall be elected to ASC’s Board who currently serves as an ASC Operating Support recipient Cultural Partner board member.
   
   
2. ASC Board Members who are presented with the opportunity for dual board service in the future will be asked to choose between the board opportunities before them.
   
   
3. ASC Board Members may serve on any Cultural Partner Board before or after their ASC Board service.
   
   
4. ASC Board Members who are employed by nonprofit institutions seeking funds from the ASC are ineligible to serve on any ASC committee where their nonprofit organization is under consideration for funding.  Also, they are ineligible to participate in a Board vote or Board discussions concerning any ASC committee recommendation where their nonprofit organization is under consideration for funding.

Board Committee Responsible:  Governance Committee

Amendments:
June 2008 – Policy language brought into alignment with new Strategic Plan

September 2015 – New responsibilities of Board members to reflect new governance structure

Whistleblower Policy
Effective Date: 10/1/2006

The ASC is committed to the highest possible standards of ethical, moral and legal business conduct. In line with this commitment, this policy aims to provide an avenue for employees to raise concerns, while providing reassurance that they will be protected from reprisals or victimization for whistle blowing in good faith.

This policy is intended to cover serious concerns that could have a major impact on ASC, such as actions that:

• May lead to incorrect financial reporting
• Are unlawful
• Are not in line with company policy
• Amount to serious, improper conduct.

Harassment or victimization of the complainant will not be tolerated. Every effort will be made to protect the complainant’s identity.

The policy encourages employees to put their names to allegations because appropriate follow-up questions and investigations may not be possible unless the source of the information is identified. Concerns expressed anonymously will be investigated, but consideration will be given to:

• The seriousness of the issue raised
• The credibility of the concern
• The likelihood of confirming the allegation from attributable sources

Malicious Allegations
Malicious allegations will not be tolerated and will result in disciplinary action, up to and including termination.

Process for Raising Concerns
The whistle blowing procedure is intended to be used for serious and sensitive issues relating to financial reporting, unethical or illegal conduct. These concerns should be reported to the ASC President or the Chairman of the Board of Directors. Please remember that the earlier a concern is expressed, the easier it is to take action.

Employment-related concerns should continue to be reported through normal channels such as your supervisor or the Director of Administration.

Although the complainant is not expected to prove the truth of an allegation, the complainant needs to demonstrate to the Director of Administration that there are sufficient grounds for concern.

How the Complaint Will Be Handled
The action taken will depend on the nature of the concern. The Director of Administration receives a written report on each complaint and follow-up reports on actions taken.

Initial inquiries will be made to determine whether an investigation is appropriate and the form that it should take. Some concerns may be resolved by agreed action without the need for investigation. The Director of Administration and ADP Human Resources manager will conduct the inquiries and investigations, unless it is determined that the nature of the case requires another staff director be assigned.

Report to Complainant
The complainant will be given the opportunity to receive follow-up on their concern in two weeks. The follow-up will consist of:

• Acknowledgement that the concern was received
• Indication of how ASC plans to deal with the matter
• Estimate of the time that it will take for a final response
• Information regarding whether initial inquiries have been made
• Information regarding whether further investigations will follow, and if not, why not

The amount of contact between the complainant and those investigating the concern will depend on the nature of the issue and the clarity of information provided. Further information may be sought from the complainant.

Subject to legal constraints the complainant will receive information about the outcome of any investigations.

Records Retention
Effective Date: 2/1/2017

ASC acknowledges its responsibility to preserve information relating to litigation, audits and investigations. Failure on the part of employees to follow this policy can result in possible civil and criminal sanctions against ASC and its employees and possible disciplinary action against responsible individuals (up to and including termination of employment). Each employee has an obligation to contact the Director of Administration to inform them of a potential or actual litigation, external audit, investigation or similar proceeding involving ASC that may have an impact on record retention protocols. See ASC’s Document Retention and Destruction policy in the Board of Director’s Resource Guide for more information.