RC 10 CONFLICT OF INTEREST POLICY

As used in the Policy, the following terms have the meanings indicated:

• The term “RC 10 official” means an RC 10 officer (President, First Vice- President, Second Vice-President-SRP, Secretary, and Treasurer), a member of the RC 10 Executive Committee, a member of the RC 10 Board of Directors, and any other person designated by RC 10 and/or NYSUT governance to represent RC 10.
• The term “RC 10 member” means: (i) a retired member who was a member that worked within the established boundaries of RC 10 and who was eligible for membership in NYSUT, who is currently in good standing; or (ii) a retired member who worked outside the established boundaries of RC 10, but who now resides within the boundaries of RC 10, has submitted the requisite paperwork, and is currently in good standing. Accordingly, the term “RC 10 member” shall refer to both RC 10 members and RC 10 social-members. The term does not mean an RC 10 official.
• The term “immediate family” of an RC 10 official and RC 10 member means their parent, spouse, domestic partner, child, stepparent, stepchild, grandparent, grandchild, sibling, mother-or father-in-law, sister-or brother-in-law or daughter- or son-in-law.
• The term “directly or indirectly” means an action taken by an RC 10 official or RC 10 member in their own name (i.e. directly), or through a member of the immediate family or a business associate of an RC 10 official or RC 10 member (i.e. indirectly).
• The term “participate in an RC 10 decision” means the authority to approve, disapprove, recommend or otherwise influence the position taken by RC 10.
• The term “Conflict of Interest Officer” (“CI Officer”) means the person who is responsible for the implementation of thisStaPolicy.

Statement of Principle

RC 10 official or RC 10 member shall, directly or indirectly, have any interest or relationship, take any action or engage in any transaction, or incur any obligation which is in conflict with, or gives the appearance of a conflict with, the proper and faithful performance of their RC 10 responsibilities.

RC 10 officials are considered “fiduciaries” of RC 10. RC 10 members are considered “fiduciaries” of RC 10 when acting in an agency or representative capacity in the service of RC 10.

Prohibited Activities

The activities that are prohibited by the Statement of Principle set forth above include, but are not limited to, the following:

• Relationship with Outside Business or Entity: No RC 10 official or RC 10 member shall, without the advance written approval of the CI Officer, have a direct or indirect financial or personal interest in or relationship with any  business, firm, person, or entity that does or seeks to do business with RC 10 or NYSUT. This prohibition shall not apply to investments in a business, firm, or other entity through the purchase of securities that are traded on a registered national securities exchange, or utilizing any services that the business, firm, person or entity makes available to the general public in the normal course of business. Additionally, this prohibition shall not apply to an RC 10 official’s or RC 10 member’s participation in any RC 10 or NYSUT member benefit program to which the RC 10 official or RC 10 member is eligible to take part by virtue of their status as a RC 10 or NYSUT member.

• Compensation, Gift, or Gratuity Greater than $250: No RC 10 official or RC 10 member shall receive any compensation, gift, gratuity, loan or other thing of value from any business, firm, person, or other entity which does or seeks to do business with RC 10 or NYSUT, or which has financial or other interests that may be affected by the performance or nonperformance of the RC 10 official’s or RC 10 member’s RC 10 fiduciary responsibilities. The term “business, firm, person or other entity” does not include RC 10 or NYSUT affiliates or subsidiary organizations (e.g., NYSUT Member Benefits Trust), and the term “compensation, gift, gratuity, loan, or any other thing of value” does not include an item or items received during an RC 10 membership year with an aggregate value of $250 or less, or a loan that is available to the general public on similar terms.

• Disclosure of Information: No RC 10 official or RC 10 member shall: (i) except in the performance of their RC 10 responsibilities or in response to a legal mandate, disclose any information obtained by reason of their RC 10 position that is not otherwise available to the general membership of RC 10, and that could be used to the detriment of RC 10 or NYSUT; or (ii) use or permit others to use any information obtained by reason of their RC 10 position that is not otherwise available to the general membership of RC 10 to directly or indirectly further an RC 10 official’s or RC 10 member’s financial or personal interest.

• Sale of Goods to RC 10 or NYSUT: No RC 10 official or RC 10 member shall, without the advance written approval of the CI Officer, directly or indirectly sell goods or services to RC 10 or NYSUT. This prohibition shall not apply to the payment of a stipend, or reimbursed expenses for services actually performed or expenses actually incurred in carrying out the duties of an RC 10 official, agent or representative of RC 10.

• Outside Positions: No RC 10 official or RC 10 member shall accept any other position or assignment which would conflict with their fiduciary obligation to act in a manner that advances the best interests of RC 10 or NYSUT or interfere with an RC 10 official’s or RC 10 member’s ability to properly carry out their RC 10 responsibilities.

• Endorsement of Product or Service: No RC 10 official or RC 10 member shall use or permit others to use their position with RC 10 to create the impression that RC 10 or NYSUT endorses or has endorsed a product, service or program when that is not in fact the case, or to otherwise directly or indirectly further an RC 10 official’s or RC 10 member’s financial or personal interest.

Implementation Procedures

• The NYSUT Executive Director shall serve as the CI Officer and shall in that capacity be responsible for the implementation of this Policy. The CI Officer shall monitor the implementation of this Policy and, recommend to the NYSUT Executive Committee or NYSUT Officers such modifications in the Policy as they may from time to time deem appropriate.

• If an RC 10 official or RC 10 member believes that they may be engaged or about to become engaged in an activity that is prohibited by this Policy, they shall consult with the CI Officer. The RC 10 official or RC 10 member and the CI Officer shall attempt to deal with the matter informally. If they are unable to do so, the CI Officer shall submit to the RC 10 official or RC 10 member, as may be applicable, a written opinion indicating whether the activity in question is prohibited by this Policy, and, if so, what should be done to correct the situation.

• If an RC 10 official or member believes that another RC 10 official or member is engaged or is about to become engaged in an activity that is prohibited by this Policy, the official or member may file a written complaint with the CI Officer. The complainant shall identify herself or himself to the CI Officer, but the CI Officer shall, if requested to do so by the complainant, treat the complaint as anonymous and not reveal the complainant’s name. Upon receiving a complaint, the CI Officer shall consult with the complainant and, as may be applicable, the RC 10 official or member in question. Based upon the information received from the complainant and the RC 10 official, or RC 10 member and/or other relevant information, the CI Officer shall decide whether the RC 10 official or member is engaged or is about to become engaged in an activity that is prohibited by the Policy, and, if so, what should be done to correct the situation. The CI Officer shall submit to the RC 10 official or member, as may be applicable, and to the complainant a written opinion setting forth their conclusions.

• Applicable only to RC 10 officials: If an RC 10 official disagrees, in whole or in part, with the conclusions of the CI Officer, they may appeal to the NYSUT Officers by filing a written notice of appeal with the NYSUT Officers within ten (10) calendar days after receiving the opinion of the CI Officer. The NYSUT Officers, or a subcommittee thereof, shall make a recommendation to the NYSUT Executive Committee in connection with the appeal as expeditiously as possible. The NYSUT Executive Committee shall thereafter act upon each recommendation. If the RC 10 official files a timely appeal to the NYSUT Officers, they need not comply with the opinion of the CI Officer pending the outcome of the appeal. If the RC 10 official does not file a timely appeal to the NYUST Officers, they shall comply with the opinion of the CI Officer.

• Applicable only to RC 10 members: If an RC 10 member disagrees, in whole or in part, with the conclusions of the CI Officer, they may appeal to the NYSUT Officers by filing a written notice of appeal with the NYSUT Officers within ten (10) calendar days after receiving the opinion of the CI Officer. The NYSUT Officers shall decide the appeal as expeditiously as possible, and the resulting decision of the NYSUT Officers or subcommittee shall be final and binding. If the RC 10 member files a timely appeal, they need not comply with the opinion of the CI Officer pending the outcome of the appeal. If the RC 10 member does not file a timely appeal, they shall comply with the opinion of the CI Officer.

• In implementing this Policy, the CI Officer and the NYSUT Officers shall consider all relevant factors, including the specific RC 10 and/or NYSUT responsibilities of the RC 10 official or RC 10 member and the nature of the allegedly prohibited activity, and shall interpret and apply the Policy in a manner that furthers its intended purpose.

Miscellaneous

Nothing in this Policy shall be interpreted or applied to deprive an RC 10 official or RC 10 member of any rights that they may have under the RC 10 and/or NYSUT governing documents, NYSUT policy, or statute. To the extent that this Policy is inconsistent with any such right, the RC 10 and/or NYSUT governing documents, NYSUT policy, or statutory right shall take precedence. All information and documents involved in the implementation of this Policy shall be treated as confidential, and the CI Officer shall make such information and documents available to others only on an “as needed” basis. To the extent relevant, all privileges, including the attorney/client and attorney work product privileges, shall apply to information and documents involved in the implementation of this Policy, including any and all CI complaints and investigations thereof.

Effective Date, Amendment and Distribution

• This Policy shall be made effective as of May 2019 and shall supersede all prior RC 10 conflict of interest or other policies dealing with the same subject.

• The NYSUT Board of Directors, upon recommendation of the NYSUT Executive Committee, may amend, from time to time as it deems appropriate, those provisions of this Policy as they pertain to RC 10 officials. The NYSUT Officers may amend, from time to time as it deems appropriate, those provisions of the Policy as they pertain to RC 10 members.