AVERT Policies and Procedures 1020
Professional Ethics and Conflicts of Interest

1.0 PURPOSE
To explain the requirements involved in cases where a conflict of interest exists in regard to outside employment and to encourage adherence to professional codes of ethics where they exist.

2.0 PROCEDURE

2.1 AVERT Trustees, Directors, Officers, Agents, Representatives, Employees and Volunteers shall not:

    2.1.1 Accept employment or engage in any business or professional activity which may require or induce the disclosure of confidential information gained through his or her affiliation with AVERT.

    2.1.2 Disclose confidential information acquired through his or her affiliation with AVERT or use such information for his or her or another's private gain or benefit.

    2.1.3 Use or attempt to use his or her position to secure special privileges or exemptions for themselves or others.

    2.1.4 Accept other employment which may impair his or her independence of judgment in the performance of AVERT duties.

    2.1.5 Knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift or loan if:

        2.1.5.1 It tends to influence the performance of official AVERT duties; or he or she has recently been, or is now, or in the near future may be involved in any AVERT action directly affecting the donor or lender.

        2.1.5.2 This does not apply to the following:

          2.1.5.2.1 An occasional non-cash gift, of $50 or less.

          2.1.5.2.2 An award publicly presented in recognition of public service.

          2.1.5.2.3 Any bona fide loan made in the ordinary course of business by any institution authorized to make such loans.

          2.1.5.2.4 Political campaign contributions used in a political campaign of the recipient.

2.1.6 Participate in an official capacity or receive compensation in respect to any transaction between AVERT and any business entity in which he or she, his or her spouse or minor children is also an officer, director, employee or owns a substantial interest in the company without first filing a conflict of interest disclosure statement as outlined in paragraph 3.

2.1.7 Have personal investments in any business entity which will create a substantial conflict between his or her private interests and AVERT duties.

2.1.8 Receive or agree to receive compensation for assisting any person or business entity in any transaction involving AVERT unless a sworn written statement has been filed as outlined in paragraph 4.

3.0 DISCLOSURE REQUIRED

Every AVERT Trustee, Director, Officer, Agent, Representative, Employee and Volunteer who is a Trustee, Director, Officer, Agent, Employee or the owner of a substantial interest in any business entity which is transacting business with or receiving funds, services or goods from AVERT, shall disclose the position held and the precise nature and value of any interest upon first becoming an officer or employee of that entity.

    3.1 The disclosure shall be made as outlined in paragraph 4 below.

    3.2 Life insurance policies and annuities shall not be considered in determining the value of any such interest.

4.0 PUBLIC DOCUMENT

A disclosure statement, which is a written document filed with the Board of Trustees, shall be considered to be a public document.

    4.1 The document shall contain:

      4.1.1 The name and address of the employee or volunteer.

      4.1.2 The name and address of the private person or business entity involved.

      4.1.3 A brief description of the nature of the outside employment and its relation to AVERT.

    4.2 A conflict of interest shall be initially disclosed in a verbal statement in the meeting of the Committee, Board, or organization where the transaction which creates the conflict of interest is considered or discussed. In addition to this statement, the person must also file a written statement pursuant to 4.1.

    4.3 The disclosure statement must be filed within ten calendar days after the date of any agreement between the Trustee, Director, Officer, Agent, Representative, Employee or Volunteer and the person or business entity being assisted or the receipt of compensation, whichever is earlier.

    4.4 Each Trustee, Director, Officer, Agent, Representative, Employee or Volunteer is individually responsible to ensure that their disclosure statements are kept current as their circumstances change.

    4.5 Each Trustee, Director, Officer, Agent, Representative, Employee or Volunteer shall ensure that a copy of their disclosure statement is given to the AVERT Organization for which they work.

    4.6 Disclosure statements may be made on plain or lined paper and may be either hand printed or typed.

5.0 CONSULTATION, SPEECHES AND PRESENTATIONS

    5.1 The AVERT Board may grant the requests of schools, universities, civic organizations, governmental entities, or private businesses to have AVERT Trustees, Directors, Officers, Agents, Representatives, Employees and Volunteers give speeches or other presentations, teach or provide consultation services. Such services by AVERT personnel may be authorized according to one of the following arrangements:

      5.1.1 The person may provide the services as an assignment directed by their Organizational Supervisor and will continue to receive a salary while doing so if applicable. Any payment for the temporary services shall be made to AVERT.

      5.1.2 The person may take vacation leave or leave without pay, as appropriate, to perform the temporary services and be compensated directly by the requesting entity.

6.0 PROFESSIONAL CODE OF ETHICS

    6.1 AVERT Trustees, Directors, Officers, Agents, Representatives, Employees and Volunteers who work in occupations having professional codes of ethics or standards of professional responsibility shall adhere to those requirements in the performance of their AVERT duties. Failure to abide by professional codes of ethics may adversely affect the employees' ability to perform their AVERT duties and may, in appropriate cases, result in disciplinary action or termination of AVERT membership or employment.

7.0 INDEMNIFICATION

    7.1 Activities in violation of any of the provisions regarding outside employment, conflicts of interest, or ethical standards relieves AVERT of any legal obligation to represent the Trustee, Director, Officer, Agent, Representative, Employee or Volunteer in a lawsuit or claim resulting from the unethical conflict.

    7.2 Trustees, Directors, Officers, Agents, Representatives, Employees and Volunteers shall indemnify and hold the AVERT Corporation harmless from any and all losses, expenses, claims, judgments, court costs, or attorney's fees incurred by AVERT as a result of claims or lawsuits arising out of activities in which he or she violates any of the foregoing standards.

8.0 AVERT RESPONSIBILITIES

    8.1 If a Trustee's, Director's, Officer's, Agent's, Representative's, Employee's and Volunteer's outside work violates this policy, disciplinary action will be taken by the Chairperson, Trustee, Manager, Supervisor or Leader in direct charge of the person's organization. Such action may result in disciplinary action and may lead to termination of AVERT Membership or criminal prosecution.

    8.2 It shall be the responsibility of the Board of Trustees, in consultation with the Corporate Attorney, to appropriately advise AVERT Personnel of the requirements and prohibitions of this policy, while volunteers shall be advised by the appropriate Board member, Committee Chairperson or Organization Manager.

    8.3 AVERT organizations are not prohibited from instituting their own internal policies regarding outside employment provided such policies are more restrictive than this policy and within the bounds of the law. An organization's policy may not be the basis of disciplinary action unless the policy has been approved by the Board of Trustees.