Kayenta Arts Foundation Policy Statements Through March 28, 2017
Accessibility and Accommodation
KAF meets legal requirements for accessible venues and facilities and makes reasonable accommodations to its staff, artists, and the public.
Once a duly constituted quorum of the Directors votes on a matter, that matter cannot come before the Board for reconsideration for six (6) months or until and unless the Chair and one other officer determine that (a) information now is available which, if it had been presented to the Directors at the time of the vote, may have altered the outcome of the prior vote and (b) reconsideration will result in no substantial adverse consequences to KAF. (Adopted 09.27.11)
Alcoholic Beverage Control Act Compliance
KAF sells or furnishes alcoholic beverages at its events only as permitted by law and takes steps (see Exhibit 5, Procedures) to assure its compliance with these laws, while working to maintain KAF as a viable entity. (Adopted 09.23.14)
Conflicts of Interest
KAF prohibits any Director with a conflict of interest from voting or participating in the discussion of a matter involving the conflict and determines whether a conflict of interest time. (See attached Exhibit 1)
Decisions Between Meetings
Deciding Board-level matters between meetings is to be the exception, not the rule, in conducting KAF business and may be made only in compliance with the Operating Procedures for Decisions Between Meetings in Exhibit 7 to these Policy Statements as in effect from time- to-time.
Kayenta Arts Foundation prohibits the manufacture, use, and distribution of controlled substances in the workplace and takes steps to comply with applicable state and federal laws related to a drug-free workplace. These steps are delineated in Drug-Free Workplace Operating Procedures as in effect from time-to-time. (Adopted 3.28.17)
At such time that KAF is able to establish an endowment fund, the original principal amount deposited into the Fund and any subsequent contributions to it, other than investment income earned on it, shall be designated as the “Original Principal Balance” and shall be committed to the Endowment Fund irrevocably, shall not be invaded for any reason, and shall be subject to KAF’s Investment Policy Statement and Procedures to be adopted at the time the Fund is established. (Adopted 07.28.15)
KAF’s business is to be conducted in an ethical manner, which, at a minimum means in accordance with KAF’s Code of Ethical Conduct (See attached Exhibit 2), Policy Statements, and procedures that the Board may adopt from time-to-time. (Adopted 04.26.11)
All information on donors, employees, and agents is confidential, not to be released outside of the organization unless authorized in writing by the donors, employees, or agents or as permitted/required by law. When information is maintained in electronic format, reasonable precautions are to be taken to prevent unauthorized access. (Adopted 04.26.11)
KAF takes steps (see Exhibit 4) to assure it promptly receives, deposits into the appropriate accounts, and acknowledges all monetary donations. (Adopted 04.22.14)
Restricted monetary donations are to be used in accordance with a donor’s written explicit restrictions. Explicit written authorization is to be obtained from the contributor before such a restricted gift is used in an alternative manner or for an alternative purpose. (Adopted 04.26.16)
Non-Discrimination (including harassment)
KAF does not discriminate, and no person acting on its behalf is to discriminate, including to harass, against any person in employment matters or in any KAF endeavors on the basis of race, religion, color, national origin, marital status, gender, sexual orientation, presence or degree of disability, or any other status protected from discrimination or harassment by state or federal law.
KAF does not retaliate against any person who makes a good faith report to a Director or outside entity that a Director, staff or other agent of KAF has violated KAF’s Policy Statements, Code of Ethical Conduct, or law.
KAF maintains a Reserve Fund to ensure the stability of its mission, programs and ongoing operations during difficult financial times and to provide an internal source of funds for situations such as: sudden increase in expenses, unanticipated loss in funding, one-time unbudgeted expenses, or nonrecurring expenses that will build long-term capacity for the foundation.
The Reserve Fund is to be maintained and accessed in accordance with the Reserve Fund Procedures in effect from time-to-time (see Exhibit 3). Reserve funds are not intended to replace a permanent loss of funds or eliminate an ongoing budget gap. Funds utilized from the Reserve shall be replenished within a reasonable period of time. (Adopted 03.25.14)
Public Policy Advocacy
KAF does not act for or against any public policy matter until and unless the Board adopts the position in accordance with procedures in its Bylaws after taking reasonable steps to assure that such action does not violate any laws applicable to its public charity and nonprofit status. (Adopted 04.26.11)
KAF maintains accurate records of its activities and finances. All records, in whatever format, are to be protected from unauthorized access and retained in accordance with legal requirements, or not less than for three calendar years. Financial and corporate records of KAF are not to be disposed or destroyed without authorization from the Board. (Adopted 04.26.11)
Unsolicited Non-monetary Gift Acceptance
Kayenta Arts Foundation accepts unsolicited, non-monetary gifts, such as of art, furniture, real estate, equipment, supplies, etc., only after the Board of Directors has determined, in accordance with Operating Procedures in effect from time-to-time (See Exhibit 6) that
such item has reasonable use to the organization;
is relevant to its mission;
does not require any unlawful quid pro quo in exchange for the gift ;
does not raise conflicts of interest or other issues that could jeopardize KAF’s tax
exempt status; and
maintenance of the gift does not outweigh its value to KAF.
As determined by the circumstances at the time, the Board of Directors may consider other criteria for acceptance. (Adopted 11.22.16)
KAF depends on volunteers to manage its operations and perform all necessary tasks. Volunteers are expected to perform in a respectful, competent manner and to fulfill any obligations they make to KAF. Directors are to provide volunteers with appropriate respect, supervision, and recognition.
Kayenta Arts Foundation expects it Directors, Officers, employees, staff, volunteers and anyone acting for or on its behalf (all the foregoing collectively “agents”) to
comply with high standards of professional and personal ethics, and
assist KAF to identify any activities or communications that could give rise to questions of unethical or unlawful practices or conflicts of interest.
To this end, KAF encourages agents to report any practice or conduct that reasonably is believed to raise such questions. No person reporting will be subject to any retaliation by KAF directly or indirectly by sanctioned actions of its agents. Reports may be made to any Officer or Director who then is obligated to bring the report to the Board for an initial assessment and determination of appropriate steps. Any agent who is the subject of a report may respond to the report and answer questions from the Board, but the agent may not participate in the Board’s deliberation of the matter or determination of what, if any, subsequent steps may be necessary. If the reported conduct raises financial conflict of issues concerns, the Board shall follow the Operating Procedures (Exhibit 1) implementing its Conflict of Interest Policy Statement. (Adopted 11.22.16)
Original adoption 3.22.11; rev 04.26.11; 9.27.11; Page 4 of 4 03.25.14; rev. 04.22.14; rev. 09.23.14; rev. 03.24.15; rev. 07.28.15; rev. 08.11.15; Event Approval rev. 2/9/16; Ex 3 rev. 4.26.16; rev. 11.22.16; rev. 3.28.17