Code of Ethics Statement

The National Animal Care & Control Association (“NACA”) is a professional organization comprised of officers, board members,and general members drawn from the ranks of animal care and control professionals who are committed “To professionalize and improve the education, health, and public image of animal care and control personnel and the agencies they represent”. These individuals are diverse in both background and training but united for a common goal. NACA adopted its Ethics Statement to serve as a model for the board and officers to follow in a time when board service was less complex.

This Code of Ethics offers a framework for professional discipline, personal conduct, and integrity for those serving on the Board of Directors for NACA. All references to “Board Member” shall be construed to involve all Board of Directors Members and Officers.

Section 1. NACA Disciplinary Rules and Ethical Considerations: Ethics Policies

1.1 Board Members shall maintain a high level of competence.

a. Board Members shall achieve competency through education, training, and work experience.

b. Board Members shall participate and instruct in continuing education in order to keep better informed and to inform their fellow animal care and control professionals of current developments in the animal field.

1.2 Board Members shall maintain a high level of personal and professional integrity.

a. Board Members shall ensure that all travel and expense records prepared by the Board

b. Member shall be completed in a thorough, accurate, honest, and complete fashion in a timely manner.

c. Board Members shall report any person suspected of fraudulently preparing records relating to travel and expenses. Failure to report these acts shall be a violation in and of itself.

1.3 Board Members shall maintain a high level of professional conduct.

a. A Board Member shall refrain from engaging in any conduct that offends the dignity and decorum of proceedings before the Board and shall be respectful of all rules and procedures.

b. A Board Member shall avoid impropriety and the appearance of impropriety and shall not engage in any conduct that would adversely affect his/her fitness to practice. Such conduct may include, but is not limited to: violence, dishonesty, interference with the administration of justice, and/or abuse of a professional position or public office.

c. A Board Member shall not knowingly assist any individual with the commission of an act that is in direct violation of the Ethics Statement.

d. A Board Member shall advise an Officer of any action of another Board Member that clearly demonstrates fraud, deceit, dishonesty, or misrepresentation. Failure to report such knowledge is in itself misconduct and shall be treated as such under these rules.

1.4 Board Members shall preserve all confidential information acquired during their tenure in office.

a. Board Members shall not use confidential information for their own benefit.

b. Board Members shall not reveal confidential information without the express consent of the majority of the Board as the result of an open vote; or, when required by law or court order.

c. Board Members shall not engage in indiscreet communications concerning Board or official NACA business.

d. Board Members shall consider all communications between Board Members and the e. Executive Director to be confidential unless otherwise noted.

1.5 Board Members shall avoid conflicts of interest and shall disclose any potential conflict
to the Board.

a. Board Members shall act within the bounds of the law, solely for the benefit of NACA, and shall be free of compromising influences and loyalties. Neither the Board Members personal or business interest should compromise the Board Member’s professional judgment.

b. Board Members should avoid conflicts of interest that may arise from family relationships, personal business interests, or obligations to current employers.

c. Where a conflict of interest is identified, the Board Member involved should abstain or absent themselves from discussions or votes in the matter.

d. Board Members shall reveal any possible conflicts of interest when entering into discussions on matters of the Corporation.

1.6 Board Members shall properly identify themselves and shall not misrepresent themselves when handling matters of the Corporation.

a. Board Members shall clearly indicate their title/status in all business and professional communications to avoid misunderstandings and misconceptions about the Board Members role within the Association

b. A Board Member’s title shall be included if the Board Member’s name appears on business cards, letterhead, brochures, directories, or advertisements.

c. A Board Member shall not use letterhead, business cards or other promotional materials to create a fraudulent impression of his/her status or that NACA has endorsed a particular product or service.

d. Board Members shall not distribute any correspondence that, by its simple nature, may be construed or used to promote any product or service as endorsed by NACA.

Section 2. NACA Disciplinary Rules and Ethical Considerations: Disciplinary Procedures and Guidelines.

2.1 Basis for discipline and actions pursuant to the By-Laws of the Association Article IX ß 6. Removal and Suspension.

a. Disciplinary actions for infractions of the Ethics Statement or other By-laws shall be handled pursuant to current By-laws.

b. Actions detrimental, damaging, or conduct resulting in discrediting of the Corporation are causes for disciplinary proceedings.

c. A committee appointed by the President shall investigate all charges of alleged misconduct.

2.2 Structure of the Committee.

a. The Disciplinary Committee (Committee) shall be made up of at least three (3) members including the Chair.

b. Each member of the Committee shall have demonstrated a working knowledge of the ethics/professional responsibility related issues and activities at hand in the matter.

c. If any member of the Committee has a conflict of interest with the Charging Party, the  Responding Party, or the allegations of misconduct, that member shall advise the President and decline the appointment.

d. Where practical, the Committee shall be comprised of a cross-section of current and past Board Members.

(The Committee shall follow the rules of operations subject to directions from the President and any By-law provisions.

2.3 Operation of the Committee

a. The Committee shall meet on an as-needed basis to discuss, investigate, and/or present its findings in the matter.

b. Should a recommendation of the Committee be required in a matter, a simple majority vote of the committee will suffice.

c. The Committee shall maintain complete and accurate records of all meetings and communications relating to Committee business. All such minutes or communications will be kept confidential until such time as a full report is made to the Board.

d. All correspondence between the Committee, the President, the Responding Party, and the Charging Party, shall be confidential. Any items mailed (regular or email) shall be marked Confidential and remain so until such time as the matter is heard by the full Board.

2.4 Procedure for reporting alleged violations

a. An individual or entity in possession of information concerning possible instances of misconduct shall submit a written complaint to the President within sixty (60) days of obtaining same. Where the allegation is of an ongoing nature, the report shall be filed with sixty (60) days of the most recent act of misconduct but MAY cover allegations of prior acts. Such allegation shall be given to the President. The report shall include all details of the alleged misconduct.

b. The President shall review the forwarded report and make a determination to appoint a Disciplinary Committee. This determination shall be made within ten (10) days of receipt of the report.

c. The Committee shall be appointed within thirty (30) days of the receipt of the report. Upon appointment, the Committee shall notify the Responding Party within ten (10) business days.

d. Notification to the Responding Party shall include the report of alleged misconduct and the Charging Parties name, unless, for good cause shown, the Charging Party requests anonymity.

e. The Responding Party shall reply to the allegations within ten (10) business days of notification.

2.5 Investigation procedure for Charge of Misconduct.

a. Upon receipt of an allegation or Charge of Misconduct, the Committee shall initiate an investigation

b. If, upon preliminary review, the Committee makes a determination that the charges are without basis in fact, or if proven, would not constitute professional misconduct, the Committee shall dismiss the charges and notify the all parties and the President. If a determination of dismissal cannot be made, a formal investigation shall be initiated.

c. Upon a decision to conduct a formal investigation, the Committee shall;

1. Within three (3) business days, mail to both parties notice of a formal investigation including a list of charges and the reason for the formal investigation.
2. Allow the Responding Party thirty (30) days to prepare and submit a confidential response to the Committee; which response shall answer each charge specifically and be in writing.
3. Upon receipt of the response to the notification, shall have thirty (30) days to investigate the charges. If an extension of time is needed, that extension may be granted for no more than ninety (90) days. In the event that an extension is granted, the Committee shall notify both parties.

d. Upon conclusion of the investigation, the Committee may:

1. Dismiss the charge upon the finding that it has no basis in fact;
2. Dismiss the charge upon the finding that, if proven, the charge would not constitute misconduct; Refer the matter to the full Board for review;
3. Or, in the case of criminal activity, notify the Board, and refer the matter to the appropriate law enforcement jurisdiction along with all investigation results.

2.6 Procedure for hearing before the full Board

a. Upon the decision of the Committee that a matter should be heard by the full board, all parties should be notified and a hearing date set. Where possible, hearings should be set for the next regularly scheduled board meeting.

b. The Committee Chair or his designee shall appear before the full Board and present the Committees findings in the matter.

c. Each party shall have twenty (20) minutes to present their case to the full board.

d. Each party may have witnesses on his/her behalf and introduce written documentation that they believe will lead to a fair and reasonable resolution of the matter.

e. Board Members may ask questions at the end of each presentation for a period of twenty (20) minutes.

f. The President may extend these times at his discretion.

g. Upon completion, the full Board shall deliberate and present a written decision to the parties. The Responding Party shall not attend the deliberations, nor vote in any action that follows.

2.7 Sanctions

a. Upon a finding by the full Board that misconduct had occurred, any of the following sanctions, or others as may be deemed appropriate, may be imposed on the Responding Party, either singularly or in combination:

1. Offer/Allow the Responding Party to Resign prior to imposition of additional sanctions except in case (7) below;
2. Letter or Reprimand to the Responding Party; counseling;
3. Probation;
4. Suspension from the Board ? time to be determined by the Board but no longer than one (1) year or one-half (1/2) the Board Member’s remaining term in office;
5. Assessment of costs to the Corporation;
6. Removal from the Board according to the By-Laws;
7. Referral to the appropriate law enforcement jurisdiction in the presence of
   criminal activity.

b. Upon expiration of any period of probation, suspension, or Removal, the Responding Party may make application for reinstatement. With the application for reinstatement, the Responding Party must show proof of compliance with all aspects of the sanctions imposed by the full Board.

c. All action taken by the Board shall remain confidential for a period of ten (10) years with the exception of provision (7) above. This shall not be construed to prohibit the removal of the Board Member’s name from publication in the NACA News Directors list.

2.8 Appeals

a. The parties shall have the right of appeal as provided by law or as provided by the By-Laws.

DEFINITIONS

Board Member = means any member of the Board of Directors of the Corporation including the Officers.

By-Laws = means the Constitution and By-Laws of the National Animal Control Association as amended.

Charge of Misconduct = means a written submission by any individual or entity to the Board that sets forth non-confidential information regarding any instance of alleged misconduct by an individual Board Member. This person does NOT have to be a member of NACA.

Charging Party = means any individual or entity that submits a Charge of Misconduct against an individual Board Member. This person does NOT have to be a member of NACA.

Committee = means (for the purposes of this Ethics Statement) the Disciplinary Committee appointed by the President to identify, define and investigate general ethical considerations and concerns with respect to a Board Members conduct.

Competency = means the demonstration of: diligence, education, skill, and mental, emotional, and physical fitness reasonably necessary for the performance of animal care and control duties.

Confidential Information = means information relating to the Corporation, whatever its source, that is not public knowledge nor available to the public.

Corporation = means the National Animal Control Association as defined in the Constitution and By-Laws Article I.

Disciplinary Hearing = means the confidential proceeding conducted by the Board concerning any instance of alleged misconduct by an individual Board Member.

Disciplinary Committee = means any committee that has been established the President to identify, define and investigate general ethical considerations and concerns with respect to a Board Member’s conduct.

Disclose = means communication of information reasonably sufficient to permit identification of the significance of the matter in question.

Investigation = means the investigation of any charge(s) of misconduct filed against an individual Board Member by the Committee.

Letter of Reprimand = means a written notice of formal censure or severe reproof administered to an individual Board Member for unethical or improper conduct.

Misconduct = means the knowing or unknowing commission of an act that is in direct violation of those Canons and Ethical Considerations of any and all applicable codes and/or rules of conduct.

NACA = means the National Animal Care & Control Association.

Removal = means the revocation of any Board Member’s position by a two-thirds (2/3) majority vote of the Board of Directors pursuant to Article IX: ß6 of the By-Laws.

Resignation = means the voluntary or requested act of leaving the Board prior to the expiration of the regular term of office.

Responding Party = means an individual Board Member against whom a Charge of Misconduct has been submitted.

Suspension = means the temporary revocation of voting privileges, expense account privileges, and name publication in Board of Directors list in the NACA News, of the Board Member found in violation of any and all applicable codes and/or rules of conduct.