2019 Conflict Of Interest/Related Party Questionnaire

Document refers to you, your spouse, family members, business interests, and/or associates. Conflicts of interest may arise when one party has the ability to significantly influence the management or operating policies of the other, to the extent that one of the transacting parties might be prevented from fully pursuing the interests of Medical Ambassadors (MAI) rather than his/her own separate or related party interests.

Considering the period from September 15, 2018 – November 2, 2019:

YES*NO
1. I (or a related party of mine) held, directly or indirectly, a position of financial interest in an outside concern from which MAI secures goods or services.
2. I (or a related party of mine) rendered directive, managerial, or consultative services to, or an employee of, any outside concern that does business with MAI.
3. I have accepted gifts or other benefits from any outside concern that does or is seeking to do business with MAI.
4. I have participated in management decisions concerning transactions that affect or benefit me, my family, or my personal financial interests. (Other than ordinary management decisions on employment matters such as compensation.)
5. I (or a related party of mine) have been indebted to MAI at some time during the above stated period. If so, please note the nature, date, terms and amount.
6. MAI has been indebted to me (or a related party of mine) at some time during the above stated period. If so, please note the nature, date, terms and amount.

Executive Compensation

MAI follows the guidelines of ECFA for Executive Compensation

Based on the public perception that some charity leaders are paid excessively, there continues to be a keen interest in the compensation of nonprofit executives. While attention centers on high salaries and benefits, many nonprofits experience too many needs and too few resources. This often results in executive compensation that is exceedingly low.

Establishing a fair and reasonable compensation plan for executives is not accomplished in one step; it is a process.

  1. Prepare a compensation philosophy statement.
  2. Determine comparable compensation data for other organizations.
  3. Research organizations that appear to have successful compensation strategies.
  4. Be clear that compensation is more than base salary.
  5. Strive for independence in setting compensation.
  6. Understand the “excessive compensation” rules.
  7. Involve the entire board in the compensation-determination process.
  8. Review executive compensation annually.
  9. Put the agreement in writing.
  10. Decide how to treat outside honoraria.
  11. Decide how to handle publications or music produced “on ministry time.”

Summary

The challenge to ministry boards remains to carefully establish and document the executive compensation process, then balance fair and reasonable compensation within the budgetary constraints of the organization.

Document Retention And Destruction

  1. Policy
    This Policy represents Medical Ambassadors International’s (MAI) policy regarding the retention and disposal of records and electronic documents.
  2. Administration
    MAI keeps a Record Retention Schedule that is approved as the initial maintenance, retention, and disposal schedule for physical records of MAI and the retention and disposal of electronic documents. The Controller is the officer in charge of the administration of this Policy and the implementation of processes and procedures to ensure that the Record Retention Schedule is followed.

    The Controller is also authorized to:

    • Make modifications to the Record Retention Schedule from time to time to ensure that it follows local, state, and federal laws and includes the appropriate document and record categories for MAI
    • Monitor local, state, and federal laws affecting record retention
    • Annually review the record retention and disposal program
    • Monitor compliance with this Policy.
  3. Suspension of Record Disposal in Event of Litigation or Claims
    In the event MAI is served with any subpoena or request for documents or any employee becomes aware of a governmental investigation or audit concerning MAI or may reasonably be aware of any anticipated litigation against or concerning MAI, such employee shall inform the Controller and any further disposal of documents shall be suspended until such time as the Controller, with the advice of counsel, determines otherwise. The Controller shall take such steps as is necessary to promptly inform all staff of any suspension in the further disposal of documents.
  4. Applicability
    This Policy applies to all physical and electronic documents and records generated in the course of MAI’s operation, including both original documents and reproductions.

Record Retention Schedule

The Record Retention Schedule is organized as follows:

A. Accounting and Finance
B. Contracts
C. Corporate Records
D. Electronic Documents
E. Payroll Documents
F. Personnel Records
G. Property Records
H. Tax Records
I. Contribution Records

Whistle Blowers

What is a whistleblower?  

A “whistleblower” is any employee who discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public board conducting an investigation, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses:
1. A violation of a state or federal statute,
2. A violation or noncompliance with local, state or federal rule or regulation, or
3. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment.

A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state or federal rule or regulation.

What protections are afforded to whistleblowers?
1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
2. An employer may not retaliate against an employee who is a whistleblower.
3. An employer may not retaliate against any employee for refusing to participate in any activity that would result in a violation of state or federal statutes, or a violation or noncompliance with a state or federal rule or regulation.
4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.
5. An employer may not retaliate against an employee because the employee is a family member of a person who has engaged in protected whistleblowing activities

Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.

How To Report Improper Acts

If you have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees, call the California State Attorney General’s Whistleblower Hotline at 1-800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.