George C. Marshall Foundation

Whistleblower Policy

The George C. Marshall Foundation expects its directors, trustees, officers, employees, and other representatives to observe high standards of business and personal ethics in the conduct of their duties and responsibilities.  As employees and representatives of the Marshall Foundation, we must practice honesty and integrity in fulfilling responsibilities and comply with all applicable laws and regulations.

Reporting Responsibility

It is the responsibility of all directors, officers and employees to report wrongful conduct in accordance with this Whistleblower Policy.

Wrongful Conduct

“Wrongful Conduct” is defined to include: a serious violation of George C. Marshall Foundation policy; a violation of applicable state or federal law; or the use of Foundation property, resources, or authority for personal gain or other non-organization-related purpose, except as provided by the Marshall Foundation.

This definition of Wrongful Conduct is not intended to be an exclusive listing of the illegal or improper activity encompassed by the Whistleblower Policy.  Rather, the Whistleblower Policy is intended to serve as a means of reporting all serious improprieties that potentially impact the integrity and effective operation of the Marshall Foundation.

Reporting Wrongful Conduct

The Marshall Foundation encourages its directors, officers, and employees to share their questions, concerns, suggestions, or complaints with someone who can address them properly.  Any employee should report their concerns of Wrongful Conduct to someone who can address them properly, in most cases, to the employee’s supervisor.  If the Wrongful Conduct implicates the supervisor, or if the reporting individual is not comfortable speaking with or not satisfied with the response of the supervisor, the issue may be reported to the president or to the chief financial officer.  In the event the employee wishes to report the Wrongful Conduct outside the foundation offices, the reporting individual may contact the chairman of the Foundation Board or his designee.

Acting in Good Faith

Anyone who files a complaint of Wrongful Conduct must be acting in good faith and have reasonable grounds for believing the information disclosed is true and indicates Wrongful Conduct.  Any allegations that prove not to be substantiated and which prove to have been made maliciously or without factual basis will be viewed as a serious disciplinary offense.

Confidentiality

Reports of Wrongful Conduct or suspected Wrongful Conduct may be submitted on a confidential basis.  Reports of Wrongful Conducted or suspected Wrongful Conduct will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

Handling of Reported Wrongful Conduct

A supervisor receiving a report of Wrongful Conduct shall notify the president or chief financial officer who will notify the sender and acknowledge receipt of the reported Wrongful Conduct or suspected Wrongful Conduct within five business days.  All reports will be promptly investigated at the direction of the president of the Foundation or the chairman of the Board and appropriate corrective action will be taken if warranted by the investigation.

No Retaliation

No director, officer, or employee who in good faith reports Wrongful Conduct will suffer harassment, retaliation or adverse employment consequences.  Any director, officer, or employee who retaliates against anyone who has reported Wrongful Conduct in good faith is subject to discipline up to and including termination of employment or removal from the board of directors, as applicable.  This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns with the Marshall Foundation prior to seeking resolution outside the Marshall Foundation.

 

George C. Marshall Foundation

Document Retention Policy

The law requires certain types of corporate records be maintained for a specific period of time.  We expect all employees to fully comply with the document retention policy.  “Document” includes any record within the following categories in whatever form it is stored: hard copy or digitally.  Documents that are not specifically listed in the following table, but are substantially similar to those listed, will be retained for the appropriate length of time.

Document Retention Policy

 

Description of Records	Manner of Recordkeeping	Disposition
I.  Corporate/organizational records:
Incorporation documents including articles of incorporation, bylaws, and related documents	Store in corporate record book.	Permanent.
Tax-exemption documents including application for tax exemption (IRS Form 1023), IRS determination letter, and any related documents	Store in corporate record book.	Permanent. Federal law requires copies of these documents to be held at organization’s headquarters office.  These records must be made available for public inspection upon request.
Meeting/board documents including agendas, minutes and related documents	Compile & File records on yearly basis; Store in corporate record book.	Permanent.  Care should be taken to include only necessary information in these documents.
II. Financial Records:
Year end Treasurer’s financial report/statement	Store in corporate record book.	Permanent.
Treasurer’s reports, periodic	Compile & File records on yearly basis.	Three Years.  Store with financial records. Destroy after three years.
Bank statements, canceled checks, check registers, investment statements, and related documents	Compile & File records on a yearly basis.	Seven Years. Store with financial records. Destroy after seven years.
Annual information returns (IRS Forms 990)	Federal law requires that the three most recent years returns be kept in the organization’s headquarters office and be made available for public inspection upon request.	Seven Years.  Store with financial records. Destroy after seven years.

 

George C. Marshall Foundation

Conflict of Interest Statement

Members of the Board of Trustees and Council of Advisors

of the George C. Marshall Foundation

(Voting and Non-voting), and

Members of the Foundation Staff Advising the Board

 

George C. Marshall Research Foundation By-Laws.

ARTICLE XIII –Conflicts of Interest

 

A motion decided, or transaction entered into, by or on behalf of the Foundation, Board , any Committee, or any Subcommittee may be invalidated or adversely affected by the fact any Trustee or employee had an undisclosed direct or indirect personal interest therein.  Prior to action on such a motion or transaction, any interested Trustee or employee should fully disclose the material facts of such interest and thereafter refrain from voting on the motion, or authorizing the transaction.  Such motion must be decided, or such transaction must be authorized, in accordance with the Bylaws.  Any interested Trustee shall not be counted for purposes of a quorum, if applicable, and only disinterested Trustees shall be counted to establish any requisite number of Trustees for voting on, or authorization of, such actions.  In the case of any transaction entered into by or on behalf of the Foundation, prior disclosure should be made to the Board, Executive Committee, and any Committee or Subcommittee with jurisdiction over the subject matter.  The disclosure should must be made to the entire Board, Committee, or Subcommittee, as the case may be, if the conflict of interest is known before any meeting thereof and action relating thereto is reasonably anticipated to be taken at such meeting; otherwise, disclosure should be made once such conflict becomes apparent.  If a proper disclosure was not made, but subsequently discovered, the Board shall decide what the effect of such failure to disclose shall be with respect to any previous action, taking into consideration the circumstances and consequences thereof.  Deliberate failure to make a proper disclosure of such material facts shall be good cause for removal from Trusteeship or staff employment, as the case may be.

I have read the Foundation policy on conflict of interest and will comply.  Signed copies of this document shall be placed in the permanent records of the Foundation.

 

 

Signature: _________________________________________

Date: ____________________________________________

 

Printed Name:______________________________________