Equal Employment Opportunity and Resource Provision Policy
BlueStar is an equal opportunity employer and makes employment decisions on the basis of merit. BlueStarpolicy prohibits unlawful discrimination based on race, color, creed, sex, marital status, age, national origin, pregnancy, disability, medical condition, ancestry, veteran status, sexual orientation, gender identity or any other consideration made unlawful by federal, state, or local laws.
BlueStar is committed to complying with all applicable laws providing equalemployment opportunities to individuals regardless of race, color, creed, sex, marital status, age, national origin, pregnancy, disability, medical condition, ancestry, veteran status, sexual orientation or gender identification. This commitment applies to all persons involved in the operations of the organization and prohibits unlawful discrimination by any employee of the organization, including supervisors and coworkers.
BlueStar policy also prohibits unlawful discrimination based on race, color, creed, sex, marital status, age, national origin, pregnancy, disability, medical condition, ancestry, veteran status, sexual orientation, gender identity or any other consideration made unlawful by federal, state, or local laws when providing resources or educational opportunities to the public.
Conflit of Interest Policy
A conflict of interest is defined as an actual or perceived interest by a (staff member/Board member) in an action that results in or has the appearance of resulting in, personal, organizational or professional gain. A conflict of interest occurs when an employee/Board member has a direct or fiduciary interest which include
(Ownership with Employment of or by Contractual relationship with Creditor or debtor to Consultative or consumer relationship to): a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. (In other organizations the definition of conflict of interest includes any bias or the appearance of bias in a decision-making process that would reflect a dual role played by a member of the organization or group. An example, for instance, involves a person who is an employee and a Board member, or a person who is an employee and who hires family members as consultants.)
It is in the interest of the organization, individual staff and Board members to strengthen trust and confidence in each other, to expedite resolution of problems, to mitigate the effect and to minimize organizational and individual stress that can be caused by a conflict of interest.
Employees are to avoid any conflict of interest and even the appearance of a conflict of interest. This organization serves the American population as a whole rather than only serving a special interest group. The appearance of a conflict of interest can cause embarrassment to the organization and jeopardize the credibility of the organization. Any conflict of interest, potential conflict of interest or the appearance of a conflict of interest is to be reported to the Executive Director or your supervisor immediately. Employees are to maintain independence and objectivity with clients, the community and organization. Employees are called to maintain a sense of fairness, civility, ethics and personal integrity even though law, regulation or custom does not require them.
Employees, members of employee’s immediate family, and members of the Board are prohibited from accepting gifts, money or gratuities from the following:
a. Persons receiving benefits or services from the organization;
b. Any person or entity performing or seeking to perform services under contract with the organization; and
c. Persons who are otherwise in a position to benefit from the actions of any employee of the organization.
Employees may, with the prior written approval of the Executive Director, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave or leave without pay. If the employee is acting in any official capacity, honoraria received by an employee in connection with activities relating to employment with the organization are to be paid to the organization.
All employees must exercise the utmost discretion regarding all matters of official business of the organization. Employees shall refrain from any action and avoid any public pronouncement that might reflect adversely upon the organization or its clients. An employee shall not communicate to any person information that has not been made public, except in the course of regular duties or by authorization of the Executive Director. All client file matters are confidential. Written documents are to be held in confidence unless otherwise specified by the Executive Director or your supervisor. All employees must assume the highest degree of confidentiality and integrity in the best interest of the organization’s clients, and shall adhere strictly to all policies that serve to protect the relationship of staff to the client.
The organization expects employees to comply with the personnel policies, practices and procedures including this policy of confidentiality. Penalties will be assessed for infractions of this policy, practice and procedure. Violation of confidentiality shall be considered a major infraction. [Refer to any state laws, contract requirements or other policies concerning response to a request for client information from a funder, by subpoena or court order. Refer to the disciplinary sections of the personnel policies.]
Employee Protection (Whistleblower) Policy
If any employee reasonably believes that some policy, practice, or activity of BlueStar is in violation of law, a written complaint must be filed by that employee with the Executive Director or the Board President. It is the intent of BlueStar to adhere to all laws and regulations that apply to the organization and the underlying purpose of this policy is to support the organization’s goal of legal compliance. The support of all employees is necessary to achieving compliance with various laws and regulations. An employee is protected from retaliation only if the employee brings the alleged unlawful activity, policy, or practice to the attention of BlueStar and provides the BlueStar with a reasonable opportunity to investigate and correct the alleged unlawful activity. The protection described below is only available to employees that comply with this requirement. BlueStar will not retaliate against an employee who in good faith, has made a protest or raised a complaint against some practice of BlueStar, or of another individual or entity with whom BlueStar has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of public policy. BlueStar will not retaliate against employees who disclose or threaten to disclose to a supervisor or a public body, any activity, policy, or practice of BlueStarPR that the employee reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of public policy concerning the health, safety, welfare, or protection of the environment.
Policy on the Process for Determining Compensation
This Policy on the Process of Determining Compensation of BlueStar applies to the compensation of the following persons employed by the Organization:
__X_ The Organization’s chief employed executive (check if applicable)___X__ Other Officers or Key Employees of the Organization by title: ____________________ (check if applicable)
The process includes all of these elements: (1) review and approval by the board of directors or compensation committee of the Organization; (2) use of data as to comparable compensation; and (3) contemporaneous documentation and recordkeeping.
1 . Review and approval. The compensation of the person is reviewed and approved by the board of directors or compensation committee of the Organization, provided that persons with conflicts of interest with respect to the compensation arrangement at issue are not involved in this review and approval.
2. Use of data as to comparable compensation. The compensation of the person is reviewed and approved using data as to comparable compensation for similarly qualified persons in functionally comparable positions at similarly situated organizations.
3. Contemporaneous documentation and recordkeeping. There is contemporaneous documentation and recordkeeping with respect to the deliberations and decisions regarding the compensation arrangement. Chief employed executive – The CEO (i.e., Chief Executive Officer), executive director, or top management official (i.e., a person who has ultimate responsibility for implementing the decisions of the Organization’s governing body or for supervision the management, administration, or operations of the Organization)  Officer – A person elected or appointed to manage the Organization’s daily operations, such as a president, vice-president, secretary or treasurer. The officers of the Organization are determined by reference to its organizing document, bylaws, or resolutions of its governing body, or as otherwise designated consistent with state law, but at a minimum include those officers required by applicable state law. Include as officers the Organization’s top management official and top financial official (the person who has ultimate responsibility for managing the Organization’s finances).  Key Employee – An employee of the Organization who meets all three of the following tests: (a) $150,000 test: receives reportable compensation from the Organization and all related organizations in excess of $150,000 for the year, (b) Responsibility Test: the employee; (i) has responsibility, powers, or influence over the Organization as a whole that is similar to those of officers, directors, or trustees; (ii) manages a discreet segment or activity of the Organization that represents 10% or more of the activities, or shares authority to control or determine 10% or more of the Organization’s capital expenditures, operating budget or compensation for employees; and (c) Top 20 Test: is one of the 20 employees (that satisfy the $150,000 Test and Responsibility Test) with the highest reportable compensation from the Organization and related organization for the year