Skip to content
HAR Policies & Prodecures
HAR Policies & Prodecures

HUMBOLDT ASSOCIATION OF REALTORS®

POLICIES AND PROCEDURES

Revised June 2024

 

 

Statement of Purpose:  Previously established policies to assist the Association in its decision-making process.

 

 

INDEX PAGE

BUDGET & FINANCE

CAR/NAR/REGION 1

RETENTION POLICY

DUES, ASSESSMENTS, FEES, DEPOSITS, FINES                                                            

INSTALLATION OF OFFICERS

GOLF TOURNAMENT GUIDELINES

ANGEL PROGRAM

GOVERNMENT RELATIONS

H.A.R. CARES FOR YOUTH

SCHOLARSHIPS & GRANTS

MEMBERSHIP

SOCIAL MEDIA

VIRTUAL MEETINGS & RECORDING POLICY                                                        

POLITICAL ADVOCACY AND BOARD ENDORSEMENT

MISCELLANEOUS

NOMINATING & ELECTIONS

GRIEVANCE/PROFESSIONAL STANDARDS

REALTOR® FAIR HOUSING DECLARATION

REALTOR®, ROOKIE, & AFFILIATE OF THE YEAR

BOARD OF DIRECTORS

EXECUTIVE COMMITTEE

STAFF ORGANIZATION

TRAVEL POLICY

EVENT SPACE POLICY

ANTI-HARASSMENT POLICY

WORKPLACE POLICY

CURRENT FEE SCHEDULE

 

BUDGET & FINANCE

End Year Excess Funds: Those funds budgeted and not spent each year shall be placed in an “Operating Reserve Account.”  This account will maintain three months of operating expenses.

Reserve Policy: The Association Reserve Policy is intended to provide for continuity of services to its members, plan for future expansion, and weather any economic changes in the industry or the general economy.

Reserves should be adequate to meet a minimum of 6 months of adjusted operating expenses and not exceed 12 months of adjusted operating expenses. The target reserve level should approximate 6 months.

In the event the operating reserve drops below 6 months; the finance committee should develop a plan to bring the reserves back up to the 6-month minimum. The plan to re-build reserves can be accomplished through a net operating surplus over several years, through a targeted expense reduction or a dues assessment/dues increase.

In the event reserves exceed 12 months the finance committee should develop a plan. Any plan developed by the finance committee will be presented to the Board of Directors for review and consideration.

In calculating operating reserves, the association should develop an agreed upon formula. One such formula would be to include all non-designated cash and investments plus accounts receivable, minus all current liabilities, deferred revenue, and dues money payable to CAR and NAR. This result is called the organization’s free/available cash position.

Adjusted operating expenses should take annual expenses into consideration, less depreciation expense and extraordinary expenses that are unusual in nature and not anticipated to be ongoing in nature.

The number of months of reserves shall be calculated as follows: Determine the adjusted operating expenses divided by 12 months. The result is the association's average monthly expense. Divide the current reserve balance by the average monthly. The result is the number of months of reserves the association currently has.

 

Humboldt Association of Realtors® Financial and Investment Policies: 

Association Definition: Local Association Not-for-Profit 501(c)6 status.

 

Office Cash and Disbursement Procedures:

  1. Petty Cash – Maintain $300
  2. Cash Drawer – Maintain $150
  3. Checks – Checks are entered into a check receipt excel worksheet by the Administrative Assistant; and processed and entered into QuickBooks by CEO or Bookkeeper. Deposits are made at least every 1-2 weeks.
  4. CEO/HAR Credit Card – Limit $20,000
  5. Office Supplies Purchases – Post requests to the office whiteboard. Requests are approved by the CEO and ordered by the Executive and /or Administrative Assistant, Administrative Assistant will verify that all items ordered have been received.
  6. Office Equipment Purchases – Authorized by CEO
  7. Large Purchases – Authorized by CEO and Executive Committee with BOD approval.
  8. Invoice and Payments – Invoices stamped (date) received – approved by CEO and checked by Executive Committee when signing checks.
  9. Employee reimbursements – Must be submitted with check request to CEO, previously authorized reimbursements.
  10. Direct Deposits/ Pay dates/ Deductions – Employee Manual
  11. Facility Expenditures up to $2,500 – CEO and Executive Committee authorizes. Over $2,500 needs Board Approval.

Travel Procedures (Employee vs. Volunteer): General travel policy in the current H.A.R. Policies and Procedures

Check Signers and Debit/Credit Card Holders: The association requires two check signers, consisting of the CEO, President, President-Elect, and 1st Vice President. Debit cards for the Operating and H.A.R. Cares for Youth accounts shall be held by the CEO.

Electronic Bill Pay:  CEO can authorize online electronic payments for accounts payable and operating bills (i.e., PG&E, Insurance, etc.).

 

Account review and transfer capabilities: CEO and CPA have account review capabilities. CEO has transfer capabilities (i.e., only between HAR accounts.)

H.A.R. Accounts: 1. Redwood Capital Bank (Operating) (Checking Account. 2. Redwood Capital Bank Savings Account. 3. Redwood Capital Bank H.A.R. Cares for Youth Checking Account. 4. Redwood Capital Bank Scholarship Savings Account. 5. Redwood Capital Bank Angel Savings Account. 6. Humboldt Area Foundation – H.A.R. Cares for Youth Fund.

Budget & Finance Committee:

  1. The committee will have a minimum of five committee members – and shall include at least one (1) Director, the President-Elect, and the Treasurer. Committee members shall be appointed by the President and confirmed by the Board of Directors.
  2. The committee will meet semi-annually.
  3. Responsibilities/Duties:
  • Prepares, with the Executive Officer, a recommended annual budget.
  • Submits and recommends the investments of surplus funds and advises on the condition of the funds in trust.
  • Semi-annually reviews investment(s) for maximum earning potential.
  • Develops and recommends a written investment policy for adoption by the Board of Directors.
  • Arranges for and reviews the annual financial statement of the previous year’s accounts.

Investments: The committee will review investments twice a year; looking at CD’s, Money Market accounts or other interest-bearing accounts.

Reserves: Diversify savings to FDIC banks; max $250,000 at each bank.

Allocation of accounting duties: Accounting duties shall be shared by HAR staff, and the CPA hired by the Board of Directors:

  • HAR staff shall have primary responsibility for the monthly billing, payroll record maintenance, compilation of tax data, regular financial reports, budget preparation, inventory, and assistance with reviews and audits, etc.
  • The CPA shall have primary responsibility for QuickBooks online support, monthly account reconciliation, staff support, preparation of tax returns and the conduct of periodic reviews and audits.

Facility Maintenance: The association will require a pest inspection every five years and have needed work completed (ex. 2024, 2029, 2034). HAR shall build and maintain a reserve account, separate from the general operating reserve, for the building. The Board shall include in its annual budget a minimum of $3,500 for the Facility Maintenance Line item each year. Any money not spent by year-end shall be added to the building reserve account up to $25,000 or such other financial target as the Board shall set from time to time. Reserve funds may be spent on major maintenance items, such as roofs, foundation, extensive repairs, etc.

Review/Audit Procedures: The Board of Directors shall select and hire a CPA to conduct annual reviews and audits. The Association will conduct an annual review, and every fifth year conducts a full audit with an independent CPA or qualified professional. (Audit Years – 2020 (be done in May or June 2021), 2025 (be done in May or June of 2026)).

Annual Tax Preparation Procedures: The association will have our annual taxes prepared by an independent CPA or qualified professional. Staff to have tax information to the CPA by January 31st of each year. CPA will prepare the association’s taxes in March or April each year. (1/2023)

Operating Account Balance:  When the Operating Account reaches a balance of $70,000, the balance above $60,000 will be transferred to the Savings Account.

 

CAR/NAR/REGION 1

 

HAR’s Travelling Team:   HAR shall send a delegation to attend and participate in Director meetings of the California Association of Realtors. That delegation shall include the CEO, HAR Realtors appointed to serve as CAR Directors, and HAR Realtors appointed to leadership positions at CAR.

The Region 1 Chair, the HAR President, and any CAR Honorary Directors for Life shall serve on the Travelling Team ex officio. Priority for any other state allocated, CAR Director positions shall be given to the HAR Vice president and HAR Realtors serving in appointed leadership positions at CAR. Individual members may seek appointments as an At Large CAR Director when appropriate.

Members of the Traveling Team must be active participants in the operations of HAR.

The Traveling Team and budget allocation for the given year shall be recommended by the prior year's Travelling Team, subject to review and approval by the HAR Board of Directors.

Nothing shall preclude any interested HAR Realtor from attending CAR meetings or participating in CAR Governance.

State Directors Expense Allotment: The Association shall establish an expense allotment to offset some of the expenses of the individuals on the HAR Travelling Team. Each Team member shall submit a written report to the CEO in addition to an Expense Account form with receipts or dated copies of receipts attached prior to receiving reimbursement. See Travel Policy for reimbursement procedures.

Each individual’s travel expense shall be reimbursed at the lesser of Reasonable Airfare and the actual cost of travel.  Reasonable Airfare shall be determined by the CEO with reference to the actual cost incurred by various members of the Travelling Team. Individuals who choose to drive will be reimbursed for mileage at the full IRS rate but not in excess of the Reasonable Airfare.

 

RETENTION POLICY

                                  Established – 4/13/2016

 Accounting Records
* Annual financial statements                                            (permanently)

* Payroll journals & ledgers                                               (permanently)

* Deeds and closing papers                                               (permanently)

* Income tax returns                                                           (permanently)

* Bank statements                                                              (seven years)

* Accounts payable and receivable                                    (seven years)
* Employee expense reports                                              (seven years)

* Inventory count & costing sheets                                   (seven years)

* Purchase invoices & orders                                             (seven years)

* Investments                                                                     (seven years after disposal)

* Deposit slips                                                                    (four years)
* Accounting correspondence: routine                              (four years)
* Insurance policies                                                            (four years after expiration)

* Receiving sheets                                                              (two years)

* Purchase orders (except accounts payable copy)            (one year)

Association Corporate Records
* Articles of incorporation and amendments                    (permanently)
* Bylaws and amendments                                                (permanently)
* Corporate filings                                                             (permanently)
* Corporate minute book                                                  (permanently)
* IRS exemption letter                                                       (permanently)

Employment Records
* Personnel records                                                           (ten years after employment ends)

* Employee benefit plan documents                                (duration of plan)

* Garnishments/wage assignments                                  (three years)

* Payroll records showing name, address, date of birth, occupation, rate of pay, and weekly compensation                                                                (three years)

* Immigration I-9 forms                                                    (duration of employment plus one year, minimum of three years)

* Documents relating to job recruitment: advertising, job orders submitted to employment agencies, interviewing, testing, hiring, training, demotions, promotions, layoffs, discharges, and other personnel decisions     (one year)

Legal Documents
* Trademarks, patents & copyrights                                 (permanently)

* Legal correspondence:                                                   (permanently)

* Contracts                                                                        (ten years after expiration)

* Warranties & guarantees                                               (two years beyond terms of the warranty)

* License applications                                                       (one year after expiration)
* Licenses                                                                          (one year after expiration)

MLS Documents
* Rules and regulations                                                     (permanently)
* MLS policies                                                                    (permanently)
* MLS service mark license agreements                            (permanently)
* Sold property information                                              (permanently)

* Subscription agreements                                                (ten years after expiration)
* Participation agreements                                                (ten years after expiration)
* Web site click-through confirmations                             (ten years)

* Contracts                                                                         (seven years after expiration)

* Lockbox key agreements/leases                                     (one year after agreement terminates)

NAR/Association Documents
* NAR charter                                                                    (permanently)
* Territorial jurisdiction                                                      (permanently)

* Realtor® Agreement                                                      (until superseded)

* Professional standards policies                                      (five years)

* Member file & membership applications                       (two years after membership terminates)

* Professional standards hearing records-- Ethics            (result of hearing- permanent; rest of hearing file- minimum of 1 year after satisfaction of sanctions (if any) and there is no threat of litigation)

* Arbitration/mediation                                                    (minimum of 1 year after payment of award (if any) and there is no threat of litigation)

 

DUES, ASSESSMENTS, FEES, DEPOSITS, FINES

 

Delinquent Notices:  Delinquent notices shall be sent after the fifteenth of every month. Staff may suspend applicable MLS and/or membership for 45-days past-due accounts.

Finance Charge: HAR will charge a 2% finance charge on any unpaid balance after 30 days.

Statements Emailed: The Designated Broker may request a monthly statement that will detail the accounts for all members associated with that Broker.

Invoices Emailed:  Brokers, Agents, and Affiliates will be emailed individually for all MLS, Sentrilock, education, events, store purchases, etc. If agent accounts are over 45-days past due, MLS/Sentrilock and Realtor membership will be suspended, and a reactivation fee will be charged. Brokers will be charged the past due balances and have 30 days to clear an account, or the entire office will be suspended.

Waiving of Local Dues:  Local dues will be waived to CAR & NAR honorary members for life. (8/06)

Annual Realtor Dues:  Growthzone or NAR’s Ecommerce, online dues billing, will be used for annual Realtor and Affiliate dues.

Reinstatement of Membership Fee: The Board of Directors shall establish a fee to be charged to reinstate membership in the Association for those who reinstate within 2 years from going inactive; these fees shall be subject to change from time to time.

Event/Education Class RSVP Policy: If a member reserves a seat for an Association event, does not attend, and/or does not cancel the reservation at least 72 hours prior to the event, the Association will bill them (10/16). If the seat is able to be filled prior to the event the member will not be charged.  Members who no-show without canceling will be charged the entire event fee.

Two-Party Checks: The Association shall accept No two-party checks.

 

 INSTALLATION OF OFFICERS

 

Installation of Officers and Directors:  The Annual Installation of Officers and Directors shall be held in January every year. The Installation celebrates the annual transfer of power. The actual transfer of authority shall occur at the point where the last, regular meeting of the HAR Board of Directors adjourns.

  

GOLF TOURNAMENT

 

The purpose of the Golf Tournament is to raise funds for a charity to be selected by a vote of the members.

Annual selection of the charity(ies) to receive funding:

  1. The Nomination Form will be an application. All applications must be signed by a member of the Association to be eligible to be included on the golf ballot. Forms will be released in March/April. An electronic application will be available on the website and emailed to members. (Organizations must be local non-profits to be nominated. Organizations who have been beneficiaries in the last five years are exempt from nomination.)
  2. The Ballot with information about each nominated organization shall be sent electronically to each member. Realtor® members are entitled to one vote. Each affiliate business shall receive one vote, plus an additional vote for each affiliate branch. Ballots will be sent in April/May.

Disbursement of funds raised:

  1. The organization with the highest votes will receive 60% of the golf tournament proceeds and the runner-up will receive $500.00.

The balance of any funds raised by the Golf Tournament shall be credited to the various charitable HAR reserve accounts as determined by the Member Services Committee from time to time. The default distribution for all funds is: 60% paid to the main beneficiary plus credits of 25-30% to Community Projects, 10-15% to the HAR Scholarship Fund, and/or 5% to the Angel Fund.

Cleaning deposits for vacation rental auction packages included as prizes at the Golf Tournament will be reimbursed out of golf proceeds up to $300.00 each. (8/07)

Golf Tournament Participants under 21 years of age are not allowed to play in our annual Association-sponsored golf tournament.

 

ANGEL PROGRAM

The purpose of the Angel Program is to provide services to HAR members during hardship brought on by unforeseen burdens that may hinder our lives from time to time. It is through these efforts that we may enrich the human experience with hope, strength, and support for our fellow colleagues. Money for this program will be raised by the Angel Committee and all requests for assistance will be reviewed by the Angel Committee. All requests and services are confidential. Individual personal fundraisers or help with private fundraisers are allowed.

The Board of Directors shall Review the Angel Fund annually.

Eligibility:

  • Must be a member of HAR, a member’s spouse, child, or parent, to be considered on a case-by-case basis.
  • Monetary donations to individual members have a $1,000.00 cap.

Criteria:

  • Accident or Medical Emergency
  • Death of a spouse, parent, or child
  • Immediate need for unforeseen incidence
  • Medical Condition

Services are not limited to the above and all applications will be reviewed by the Angel Committee on a case-by-case basis. The Board of Directors will review the fund annually.

Services Offered:

  • Note cards will be sent for illness, surgery, or major injury.
  • Flower Deliveries or Gift Cards will be sent for death of parents, spouse, or children, to be reviewed on a case-by-case basis and committee will conduct a special meeting via email voting.
  • Transportation needs
  • Meals
  • Organized volunteer assistance
  • Home Services
  • Waiver of local dues
  • Ombudsman coordination and/or contribution
  • Additional Services offered on a case-by-case basis, up to $1,000.00 cap if approved by the committee via an email vote. (3/20)

 

GOVERNMENT RELATIONS

 

  • Government Relations Committee writes letters expressing HAR’s position on issues. Draft letters shall be emailed to the committee for feedback and shall be approved by the Executive Committee before distribution.

 

H.A.R. CARES FOR YOUTH

  •  For large purchases ($500), must have Committee (and BOD) approval.
  • The committee will conduct a special meeting via email voting to distribute donations as needed.
  • All receipts must be turned into Bookkeeper for record keeping and audits.
  • Maintain a fiscal sponsorship with Humboldt Area Foundation so that donors seeking a charitable deduction can make their donation through the Foundation (Note that $500 is the minimum draw check that the Foundation will cut.)
  • Board of Directors will pay the 2% management fee that is charged by the Humboldt Area Foundation
  • The committee will a require 24-hour review period following an initial notification before an email motion can be conducted and voted on.

 

SCHOLARSHIPS & GRANTS

 

Scholarship & Grant Sub-Committee. The Scholarship & Grant Sub-Committee allocates funds from the Scholarship & Grant Fund for either Scholarships and/or Grants.

Scholarships:  HAR Scholarship criteria:

  1. The student must be a Humboldt County school student who is enrolled or will be enrolled at a university, college, community college, trade school or vocational school.
  2. Student must be studying for a profession which is centered on a career in real estate.
  3. Student must have a cumulative GPA of 3.0 or better.
  4. Scholarships must be used for academic fees and/or academic supplies.

Any unclaimed HAR scholarships will be absorbed back into the scholarship fund if not claimed within the semester awarded.

 

MEMBERSHIP

 

Office/Branch/Agent Changes:  HAR will charge members a fee to change an office, and transfer brokers and/or agents between offices. Affiliates shall be charged a fee to set up a branch office.

New Member Applicants/ Member Changes. HAR will notify its membership via the bi-weekly newsletter of the names of all new Realtor, Affiliate, and MLS-only applicants. This notice will also inform the membership when an agent transfers offices or becomes inactive. (6/04)

Lunch Guests:  Agents and affiliates being introduced as new members of the Association shall be luncheon guests of the Association at the next regularly scheduled General Membership Meeting.

MLS Only Set Up Fee. See the Fee Schedule for fees to be charged.

Affiliates. Affiliates on all standing committees, except the Board of Directors, have the same voting status as Realtor members.

 

SOCIAL MEDIA POLICES & PROCEDURES

 

Facebook:  HAR will have a Facebook page and Instagram and adopt the following Social Media Policy & Procedures.

This Social Media Policy and Procedure applies to any member postings to blogs, websites, forums, and social networking sites maintained by HAR.

Transparency:

  • Always identify yourself and your sources of information.
  • Do not provide the Association’s confidential/proprietary information.

Honesty:

  • Respect copyright laws and trademarks.
  • Reference or cite sources appropriately.
  • Accept and correct mistakes in a timely manner.

Respectfulness:

  • Do not insult, use obscene language, or behave in any way that would be inappropriate of Humboldt Association of Realtors®
  • Be respectful to the company, members, vendors, and the public.

Authority:

  • Staff will input data on social media sites.
  • Staff will monitor and respond if a crisis develops, including removal of slanderous and liable information.
  • All crises will be reported to the Executive Officer, Executive Committee, and Board of Directors if needed.

Members are reminded that, under Article 10 of the Code of Ethics, they are prohibited from posting discriminatory or demeaning statements on any sites, including their own.

VIRTUAL MEETINGS AND RECORDING POLICY

 

Recording policy:

  1. Educational meetings may be audio or video recorded if proper notice, as specified in section 2 below, is given to participants.
  2. Notification of Recording(s):
    • Participants must be notified in advance of the recorded event.
    • Announce at the beginning of the meeting/event.
    • If participants do not wish to be recorded, they can: Turn off their video, mute their audio, or remove themselves from the recorded event.
  3. Recorded events/meetings will be available to subscribers for 10-30 days, at the discretion of the meetings leader.
  4. Operational meetings, including meetings of the Board, its committees, sub-committees, and task forces, may be recorded only for the purpose of preparing minutes. Audio Recordings must be erased upon completion of minutes.

Virtual Meetings: Attendees who participate in virtual meetings are required to wear headphones or be in a private enclosed office with video on for engagement purposes.

  1. Zoom participants who do not have their cameras on during the meeting will not be counted towards the meeting attendance. If the meeting participants do not verbally respond when prompted by staff or the committee chair the participant will be removed from the meeting.
  2. If a member is removed from three meetings, they will no longer be permitted to attend via zoom.
  3. Zoom policy will be added to committee email notices.
  4. Members can attend virtually if they have a medical or other pre-approved reason that they will not be able to attend in person. Members must give the staff 48 hours’ notice to get approval from the committee chair or the Executive Committee.

Virtual Meeting Platforms: The Board of Directors and any Committee of the Association may conduct meetings and voting via Virtual Meeting Platforms like Zoom for Board of Directors and Committee meetings.

Virtual Professional Standards Hearings: That absent a compelling reason, the Association may require parties to disciplinary and arbitration complaints filed at the association to participate in virtual hearings conducted via Zoom or a similar virtual meeting platform.

 

POLITICAL ADVOCACY AND BOARD ENDORSEMENT

 

Board endorsement of Political Candidates: The Board shall seek input from the LCRC or the Government Relations Committee prior to endorsing any candidate for local political office. Whenever possible, candidate interviews (or forums) should be conducted before any endorsement decision is made. The Board should request input from GRC and LCRC prior to any endorsement decision being made. A super majority of 2/3 of the Board of Directors shall be required to approve an endorsement.

 

MISCELLANCEOUS

 

Association Events:  Mayors, Humboldt County Board of Supervisors, Assembly-People, Senators, and Local Representatives will be invited to Association events.

Association Letters:  The Executive Committee can review and approve letters. They can also make the decision to have the Association’s Attorney review letters and/or the entire Board of Directors if needed.

Board of Directors Minutes: A hardcopy “Minutes Book” of Directors minutes shall be kept by the Executive Officer and shall be made available at all meetings of the Board of Directors and be available to the General Membership, in person at the association office.

Committee Actions: No Committee of the Association shall act without the express consent of the Board of Directors unless the action is authorized by the Bylaws, written policy, or the action has been previously approved by the Association. Money fundraised can be distributed by a committee overseeing the money with proper committee voting procedures, without waiting for Board of Directors approval. This would include Member Services Committee’s Community Projects, Angel Committee, Golf Committee, HAR Cares for Youth Committee, and Scholarship & Grant. Board of Directors reviews the fundraising accounts annually.

Committee Attendance: Any committee member missing two (2) meetings in a row or three (3) meetings in any 12 months will be moved to nonvoting status. An absence may be excused if a member calls or emails HAR staff prior to the meeting. Being more than 10 minutes late for a meeting will count as a missed meeting.

MLS Committee:

      (a)   Vacancies. Vacancies in unexpired terms shall be filled as in the case of original appointees.

(b)   Quorum. A majority of the members of the committee shall constitute a quorum. A majority of those present at a meeting shall be required for action unless it is a matter involving a recommendation for an amendment of the MLS rules in which case a 2/3 vote of the total number of committee members shall be required.

(c)   Meetings. The Multiple Listing Service Committee shall meet for the transaction of its business at a time and place to be determined by the committee or at the call of the Chairman. The committee may call meetings of the participants or subscribers in the service for the purpose of gathering and disseminating information.

Email Addresses:  Email addresses will be made available in the member roster, Affiliate Directory, electronic roster, Growthzone, and on the HAR website member directory and on the MLS.

Gift Certificates: The HAR store will charge members a $3.00 transaction fee per gift certificate purchased through the store. Certificates are created in-house per member’s request.

Inventory: Staff shall maintain a running inventory of resale supplies and shall perform a physical inventory on a schedule approved by the CPA.

Listing Contract: Listing agreements can be requested by staff at any time with submission of listings in the MLS or received copies of SELMS or MLS Exclusion Forms.

Membership Roster: Member rosters, in book form, will be distributed or sold solely to the membership and MLS subscribers. Members have the option to opt-out of receiving a copy of the member directory and allow the distribution of the PDF version (See Fee Schedule for fines.)

Board of Director Lunches: The Board of Directors will be provided a reasonably priced lunch during their monthly meetings.

Mixers:  The Association will conduct mixers periodically. Mixer will either be hosted by a member of the Association or organized by appropriate committees (i.e., Member Services and Affiliates H.A.R. Cares for Youth Committees)

Electronic Roster:  For an annual fee of $50.00 per member an electronic roster will be provided; participants will receive quarterly updates.

Affiliate Products and Services Directory:  HAR will provide an Affiliate Products & Services Directory. The approved advertising prices are:

  • $50 for a business card ad (1 copy only)
  • $80 for a business card ad (both copies)
  • $150 for a half-page color/glossy inside cover ad (1 copy only)

Realtor advertisements are excluded from this directory.

Mileage Reimbursement:  Mileage incurred by staff for HAR functions will be reimbursed per mile at the current, full IRS rate. Mileage incurred to attend CAR meetings shall be reimbursed following the procedure set out in the State Directors section of this document. Any other mileage incurred by members for the benefit of HAR shall be reimbursed at the discretion of the CEO.

MLS Waivers: A Waiver from MLS will be used in accordance with NAR guidelines. Brokers whose agents are acting under a waiver shall be required to file a written request for renewal on an annual basis.

New Agent Billing: The Association shall, upon notification of a new agent, charge the new agent the applicable membership and assessment fees. Brokers will be billed all appropriate non-member dues and assessment fees. The transferability of said dues and fees shall be made in accordance with the current CAR and NAR policy.

 Newsletter Ads: Only HAR members will be allowed to advertise in the HAR Newsletter or on the HAR website. All ads must be copy-ready and can be full color. A 2-inch x 2-inch is $30.00 per month. A 2 by 3 ad is $40.00 per month.  A 3 by 3 ad is $50.00 per month. A quarter-page ad is $75.00 per month. Website linking will be an additional $5.00 per month. The newsletter will be emailed and placed on the HAR website with distribution to all members. Each advertising company will be billed monthly. The ad may be canceled by giving 30 days written notice to the Association. Ads are encouraged to be banner ads only. (Amended 7/10) Ads may be changed on a month-by-month basis.

Paperless Meetings:  Board of Directors and Committee meetings will be conducted as paperless meetings. Agenda packets will be emailed prior to the meetings. Meeting agendas will be provided at the meetings and the entire packet can be viewed online.

Press Releases/PSA’s:  Prior to distributing any press release, it shall be approved by the CEO and any two of the following individuals:  The President, the President-Elect, the First Vice President, and the Immediate Past President.

Public Marina Deposit: Members will be able to use the revolving deposit of $210.00 at the Wharfinger Public Marina as a member benefit. They will be required to provide their own proof of insurance directly to the marina.

Recycle:  HAR will, whenever possible and practicable, Reuse, Reduce and Recycle.

Returned Check Fee: Actual bank fees will be charged for all checks returned to the Association for insufficient funds.

Staff Expenses, Performance, or Compensation:   All personnel issues discussed by the Board of Directors shall be discussed in a closed session.

Committee Agenda Preamble:  Add the committee preamble to all Association committee agendas.

Web site:  The HAR website will include web site addresses of members. An “Open House” section will be added to the HAR website for public access. Open Houses will include links to the MLS information on those properties. Agent and affiliate photos can be on the HAR website under the Member Directories. NMLS numbers will be included on the website to comply with DRE rules for lenders/agents. The website will contain members’ email, website addresses, photos, office and contact numbers and addresses.

 

NOMINATING & ELECTIONS

Nominating Committee Guidelines:

  1. Members from the Southern Humboldt area will be asked by the Nominating Committee to run for their Director position.
  2. The Committee will take geographic locations into consideration.
  3. The Nominating Committee, in recommending a President-Elect shall attempt to select a person who will be willing to serve as President the following year, if elected.
  4. The Committee shall not be responsible for the nomination of the Chair of the Multiple Listing Service Committee; this position will be appointed by the President for that year.

 Nominating Procedures:

December:

  • AE, Next Years President, and/or Current President visit brokerages to explain the Nominating process and garner interest if needed.

January:

  • Email or send a notice to the membership with the leadership timeline and information and request interest from those who wish to be potential future Directors.
  • Organize a Leadership Meeting for interested members to explain the leadership process, leading up to state leadership, if needed.

February:

  • Put together a list of interested/ qualified members who would like to move forward putting their name into Nominating.

March:

  • The Nominating Committee meets early in the month, possibly two times to put together a list of qualified candidates for the next Board of Directors and LCRC Trustee election.

April:

  • Board of Directors approves the slate of candidates presented by the Nominating Committee
  • Nominating Report is distributed.

May:

  • Nominating Ballot is distributed.
  • Interested members not on the Nominating Ballot can file for a Petition and acquire 10% of the membership signatures and have their name added to the 2nd Nominating Ballot

June:

  • Election ends at the June General Membership Meeting – Candidates with the highest votes are considered elected.
  • President and AE inform candidates if they join the next year’s Board of Directors and LCRC Trustees or not.

GRIEVANCE/PROFESSIONAL STANDARDS

 

Professional Standards Training:  Members of the Directors, Grievance Committee and Professional Standards Committee shall attend professional standards training every two years.

Professional Standards Hearing Panels:  In the event of need, the President may appoint any prior members of the Professional Standards Committee to serve as a Hearing Panelist.

Professional Standards Multi-Association Agreements:  A Multi-Association Professional Standards Agreement with Del Norte Association of Realtors® will be put in place, subject to hearings being held at the Humboldt Association of Realtors® office. There will be a $500.00 fee charged to the Del Norte Association of Realtors to administer their Professional Standards cases.  A Multi-Association Professional Standards Agreement will be in effect with Lake County Association of Realtors®.

Professional Standards Fee Schedule:   See the Fee Schedule for charges associated with Continuances, Reviews, Petition to Re-hear, and Duplicate Tape.  

Grievance Citation Policy:  Adopted the following Citation Policy:

Article 3:  Failure to disclose the existence of dual or variable rate commission.

Article 12:  Failure to disclose professional status in advertising and other representations.

Failure to display the name of the firm and state of licensure in a reasonable and apparent manner.

Using a professional designation, certification, or other credential to which they are not legitimately entitled.

Failure to disclose the name of the firm in an advertisement for listed property.

Failure to disclose status as both owner/landlord and REALTOR® or licensee when advertising property in which REALTOR® has ownership interest.

Falsely claiming to have “sold” property.

See the Fee Schedule for charges to be levied for first, second, and third offenses.

Grievance / Professional Standards Committee:  Members of the Grievance and Professional Standards Committee must commit to three-year terms. Members must begin serving on the Grievance Committee before serving on the Professional Standards Committee. The committee must be a variety of different member offices. The committee must be appointed by the President. The Grievance Committee must have a minimum of 5 members and the Professional Standards Committee must have a minimum of 9 members with staggered terms.

Virtual Professional Standards Hearings: That absent a compelling reason, the Association may require parties to disciplinary and arbitration complaints filed at the association to participate in virtual hearings conducted via Zoom or a similar virtual meeting platform.

 

REALTOR® FAIR HOUSING DECLARATION

 

Association members will observe the following REALTOR® Fair Housing Declaration:

  • Provide equal professional service without regard to the race, color, religion, gender (sex), disability (handicap), familial status, national origin, sexual orientation or gender identity of any prospective client, customer or of the residents of any community.
  • Keep informed about fair housing law and practices, improving my clients’ and customers’ opportunities and my business.
  • Develop advertising that indicates everyone is welcome and no one is excluded; expanding my clients’ and customers’ opportunities to see, buy or lease property.
  • Inform my clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.
  • Document my efforts to provide professional service, which will assist me in becoming a more responsive and successful REALTOR®.
  • Refuse to tolerate non-compliance.
  • Learn about those who are different from me and celebrate those differences.
  • Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law.
  • Develop and implement fair housing practices for my firm to carry out the spirit of this declaration.

 

REALTOR / ROOKIE / AFFILIATE OF THE YEAR

 

REALTOR of the Year:  The Association shall buy and present a plaque yearly to the recipient of the award.

ROOKIE of the Year:  The Association shall buy and present a plaque to the recipient of the award.

AFFILLIATE of the Year. The Association shall buy and present a plaque yearly to the recipient of the award.

 Qualifications:

  1. The candidate must be a successful Realtor®, Rookie or Affiliate, a true professional, who has attained a measure of respect from their peers.
  2. A Realtor member is eligible to be nominated for Rookie of the Year during the year in which they first earned a real estate license and for two calendar years thereafter.
  3. The candidate must have made a contribution to the field of real estate.
  4. The candidate must be active in the community – they must have made some non-real estate related contribution(s) to the community.
  5. The nominee must be involved with the Association, attending Association events, volunteering time to fundraisers organized by the Association, and actively participating on committees.

Nominations:

  1. All REALTOR® and Affiliate members are eligible to nominate any Realtor, Rookie, or Affiliate for REALTOR OF THE YEAR, ROOKIE OF THE YEAR or AFFILIATE OF THE YEAR.
  2. Nomination letters and/or forms must be submitted by Association members by the yearly stated deadline.
  3. Nominations should contain some background information on the nominee and should further detail how the nominee meets the qualifications listed above.
  4. Finally, the nomination should explain why this particular nominee should be named REALTOR OF THE YEAR, ROOKIE OF THE YEAR or AFFILIATE OF THE YEAR.

Selection Process:

  1. Member Services Committee and chairs of other committees and Sub-Committees will review the nomination letters or forms for the Rookie and Affiliate of the Year awards. (Awards will be selected if the member nominated meets the criteria).
  2. The three most recent past Realtor® of the Year recipients willing to serve will review the Realtor of the Year nomination letters or forms and vote.
  3. Honor Realtor®, Rookie and Affiliate of the Year at the annual Installation of Officers dinner.

The past recipients will present the award to the winner at the annual Installation Dinner.

 

BOARD OF DIRECTORS

 

Sexual Harassment Training: All Directors are required to complete the CAR Supervisor level Sexual Harassment training at least once per term. The Association will offer one free training day a year.

Annual Board Orientation/ Training:  All Board of Directors must complete the annual mandatory Board Training in December or January each year. Directors will not attend a Board of Director meeting until the annual training is complete.

Board of Director Service Agreement/ Confidentiality Agreement:  All Directors must submit a signed annual Service Agreement/Confidentiality Agreement.

Board of Directors Professional Standards Review Training:  All Board of Directors must complete a Professional Standards training every two years while serving as a Board of Director.

 

EXECUTIVE COMMITTEE

Composition

The Executive Committee shall consist of the President, the President-elect, the 1st Vice-President, the immediate past president, and the chief executive officer.

Authority

The Executive Committee shall have the authority to act for the Board between regularly scheduled Board meetings either in response to an emergency or when it would not be prudent to delay a decision until the next regularly scheduled meeting of the Board.

Policies

  1. The members of the Executive Committee shall be authorized signers on the Board’s checking account.
  2. Financial transactions may be approved by the Executive Committee and the CEO to:
    1. Approve large purchases consistent with the budget,
    2. Approve unbudgeted purchases with an aggregate cost of not more than $2,500,
    3. Authorize automatic or electronic payments consistent with the budget (CEO approves),
  3. Prior approval by the Executive Committee shall be required when the Governmental Relations Committee wishes to issue any statements to the press, letters to government or position statements on public issues.
  4. In the event of any crisis the Executive Committee shall act as a crisis coordinating committee.
  5. Permission for virtual attendance at a committee meeting may be granted by the relevant committee chair or the Executive Committee.
  6. Press releases shall be approved by the President, the CEO, or the Executive Committee.
  7. The Executive Committee shall review and approve the proposed resolution of any complaints not heard by the Professional Standards Committee.

Procedures

  1. The Executive Committee shall meet periodically to prepare for Board meetings.
  2. When responding to an issue that arises between Board meetings the Executive Committee should consider whether it is appropriate to email the Board members and/or to call a special meeting of the Board to resolve the issue.

 

STAFF ORGANIZATION

 

Staff organization shall be such that the Executive Officer shall be in charge of all operations within the Association staff and the Executive Officer shall report to the Board of Directors.  Executive Officer will be evaluated annually by the current President.

Association will maintain a non-owned auto policy covering employees who drive for the Association.

The Executive Officer is required to complete Harassment Training within six months of hiring and every two years following their hire date. Non-Supervisor association staff will be required to fulfill state-mandated harassment training requirements or a minimum of completing a non-supervisor harassment training every five years.

Other Staff policies are located in the Employee manual.

 

TRAVEL & REIMBURSEMENT POLICY

OBJECTIVES

  • To provide for authorized business travel on behalf of the Association at the lowest feasible cost, while allowing some appropriate individual discretion to choose the most convenient airline, travel time, hotel, or other requirement to accomplish the objectives of the trip.
  • To reimburse members for authorized business travel expenses on a fair and equitable basis, and in a timely manner.
  • To eliminate burdensome recordkeeping and streamline the reimbursement process.
  • To ensure compliance with Internal Revenue Service requirements.

POLICIES IN BRIEF

  • Receipts: Original receipts required for all expenses.
  • Deadlines: Expense reports must be received by H.A.R. within 30 days of the trip.
  • Airfare:

➢ Coach Class only

➢ Purchase tickets in advance, whenever possible.

➢ Must have original passenger receipt. (See State Directors for additional detail.)

  • Mileage: paid at the full IRS rate, example $0.655 per mile in 2023

➢ Mileage cannot exceed cost of airfare to same destination. (See State Directors for additional detail.)

  • Rental Car: Prior permission from association staff is required.

➢ The Association’s insurance policy does not cover volunteer members renting vehicles in conjunction with their attendance at authorized business meetings.

➢ Collision damage waiver must be purchased.

  • Parking & Tolls: Actual Cost
  • Taxi & Bus: Actual Cost (business purposes only)
  • Lodging:

➢ Room and tax will be covered

➢ Some of the Incidentals will be reimbursed

➢ Must have original receipt with proof of payment.

  • Telephone: It is assumed that you will be able to make necessary calls on your cell phone. You may request reimbursement if you incur additional costs for calls directly related to HAR business.

➢ Air-to-ground calls are not reimbursable.

  • Incidentals: Meals, snacks, and tips are reimbursable. The following are examples of non-reimbursable expenses.

➢ Laundry, Toiletries

➢ Personal entertainment (i.e., in room movies)

➢ Purchase of books or magazines

➢ Barber or Beautician

➢ Meals or entertainment for other individuals

➢ Health Club and Massage

➢ Air Phone Calls

  • Maximum Reimbursement: The maximum reimbursement for meals and incidentals is $75 per day. Reimbursement is for actual expenses only.
  • Other Sources of Reimbursement: CAR will reimburse some portion of a member’s travel expense for IMPAC, CREPAC and other CAR activities. Seek reimbursement from those other sources first and report the reimbursement requested when submitting your expense report to HAR.

RECEIPTS

The Humboldt Association of REALTORS® requires original receipts for all expenses. H.A.R. will not reimburse expenditure if there is no receipt to document the expenditure. Receipts must be included for all expenditures regardless of the dollar amount. If a receipt is not obtainable, a contemporaneous, written record of the expenditure noting the date, amount, vendor, and purpose may be an acceptable substitute. Your receipts should be included when you submit your expense report.

AIR TRAVEL

When traveling on Association business, members are required to make their own air reservations.

  • Reservations are for coach class or special fares only (unless you wish to pay the difference).
  • Make your reservation as far in advance of the trip as practical to ensure low fare availability.
  • Members including personal travel in conjunction with an authorized business trip may do so. Additional costs associated with the personal portion of the travel are not reimbursable.
  • Reasonable baggage fees are reimbursable.
  • Fees for extra leg room, priority check-in, or other special services are NOT reimbursable.

GROUND TRANSPORTATION

  • Airport Limo, Taxi and Bus: Actual Cost
  • Mileage: the IRS mileage rate, for example $0.655 per mile in 2023. Mileage reimbursement will not exceed the cost of airfare.
  • Parking/Tolls: Actual Cost
  • Rental Car: Rental cars are reimbursable only when other methods of transportation are not obtainable and prior permission has been obtained from association staff.
    • If it is necessary to rent a car, the collision damage waiver must be purchased. This is to ensure that you will not be liable for out-of-pocket expenses should an accident occur.
    • Also, if it is necessary to rent a car, the lowest available rate for the appropriate size vehicle should be obtained.
    • Note: Use discretion when choosing your method of transportation to and from the airport (i.e., in many cases, if you will be out of town for five (5) or more days, it might be less expensive to use an airport shuttle versus parking your car at the airport).
  • If you choose to drive to a meeting in lieu of flying, the total cost should not exceed the applicable airfare. Reimbursement on airfare will be the average of all state directors during a meeting.

LODGING

  • Reasonable room and tax that you paid are reimbursable.
  • Incidentals should be paid by you upon check out. Some of these incidental expenses may be reimbursed by H.A.R.

MEALS AND INCIDENTALS

  • You may be reimbursed for all meals, snacks, tips, and some of the incidental expenses mentioned previously.
  • The maximum reimbursable expense for meals and incidentals is $75 per day.

TELEPHONE

It is assumed that you will be able to make necessary calls on your cell phone.

  • You may request reimbursement if you incur additional costs for calls directly related to HAR business.
  • Air-to-ground calls are not reimbursable.

FILING EXPENSE REPORT

An expense reimbursement must be submitted within thirty days following completion of travel. Receipts must accompany expense reports. All expenses must be approved by the appropriate staff program budget manager and allocated to the proper account for budgeting purposes. No reimbursement will be made for expenses more than ninety days following the trip.

No reimbursements will be made that would result in exceeding the budgeted amount for any given year.

 

EVENT SPACE POLICY

 

Event Type:  Sit down dinner style – 99 maximum

Classroom Style – 72 maximum

Theater Style – 99 maximum

Open Floor - 99 maximum

Insurance Requirements:  All Humboldt Association of Realtors requirements must be in place two weeks in advance of the scheduled event date. Contract Holder must provide comprehensive general liability coverage, with limits of not less than $1,000,000 for personal injury and damages to property. The general liability policy is to contain, or be endorsed to contain the following provisions:

  • HAR, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of rental, maintenance, or use of that part of the premises leased to the Contract Holder.
  • HAR reserves the right to modify insurance limits based upon the scope of the Contract Holder event, prior to the final execution of the event.

Alcohol Served:  If liquor, beer, or wine is available for consumption and money changes hands in any way, shape or form, between the Event Holder and those who participate/attend, full liquor liability, insurance and ABC Permit is required.

Deposits: $300.00 Security Deposit

$60 per hour for staff clean-up, if space is not cleaned to checklist standard (Roll-over Deposit available to members and frequent renters)

$50 Kitchen/ dishwasher use

$50 Technology wall deposit

$25 per hour for technology support

Rental Fees:  4 hours @ $300, extra hour $75, 10-hour weekday $600, 10-hour weekend $650

10% discount for Non-Profits and Government Agencies.

Association Member Fees/ Non-Profit: 4 hours @ $200, extra hour $50, 10-hour weekday $400, 10-hour weekend $450

Hours:  8:00 a.m. – 10:00 PM available. Keys will be available to pick up during office hours of 8:30 a.m. – 5:00 p.m. Thursday and 9:00 a.m. – 1:00 p.m. Friday.

Additional Fees:

Dishwasher Use charged at a flat rate.

Half day coffee service @ 1.00 per person

Full day coffee service @ 1.50 per person

Linen service @ $1.00 per person (napkins)/ $8.00 per table

Deposit return duties: Event holder is responsible for putting away all tables and chairs, removal of all personal belongings, place all trash in the gray garbage cans provided outside the kitchen area, clean and dry all counter surfaces in the kitchen, sweep, and dishwasher use must be concluded prior to departure time.

Use of prohibited substances such as glitter and confetti will result in automatic loss of deposit.

Conditions: All fees are due one week prior to the event.

Payments must be made to the Humboldt Association of Realtors. Mail checks to 220 1st Street, Eureka, CA 95501. Event location is at 220 1st Street, Eureka.

Credit card payments are subject to a 3% processing fee.

Cash, credit & check available in person at the office.

Credit over the phone is available.

Building Rental Hours Include:

  • Set up time, duration of time, and clean up time. “Occupation of the facility before and beyond the event time may be subject to additional fees. If necessary, upon completion of the event, HAR will provide the contract holder with an invoice for any additional charges based upon use, services provided, or damages incurred. Invoices are due and payable upon presentation. Invoices not paid within 30 days are subject to interest charges of 10% per annum.
  • HAR will be on the premises for the duration of the event to open and close the building, to be of general assistance in the set up and clean up, and to assure that the General Provisions and checklist for deposit return are understood and followed.
  • In addition to removing all items brought in for the event, the contract holder is responsible for removing all trash using proper bins provided by the facility. The kitchen must be returned to pre-event status.

General Provisions:

  • Contract Holder use of facilities, including non-attendant periods of occupation. Violation of such policies may subject a person (or persons) to possible legal penalties.
  • The Contract Holder shall be responsible for all damages or injury to, or loss of, any property provided under this contract, and property not specified in this contract, resulting from negligence and/or intentional acts of persons associated with this conference or program.
  • Contract Holder agrees all participants are under the direct and complete supervision and control of the Contract Holder.
  • The HAR Event Rental is limited to the main event room, two unisex ADA bathrooms, and kitchenette area.
  • Smoking is prohibited in the building and within 20’ of any exit or operable window.
  • No firearms shall be brought onto HAR property without prior clearance and with written approval from the HAR Executive Committee and/or CEO.
  • No construction or modification of the property is allowed.
  • HAR assumes no responsibility for loss or theft of personal property of or any of its participants.
  • No alcoholic beverages are to be sold on the premises without an Alcoholic Beverage Control (ABC) permit. Under certain conditions, private parties serving liquor may not need an ABC permit.
  • Any written or other material used for promotion, or any conference proceedings (written or taped) must include a prominent statement that the views expressed at the conference are not necessarily supported or endorsed by HAR.
  • No chocolate fountains allowed.
  • No gum, birdseed, rice, hay, or confetti.
  • No open flames are allowed.
  • No tape (except blue or purple painters’ tape), push pins, nails or staples allowed on walls.
  • Items may be hung using designated hangers provided.
  • Children are to have adult supervision at all times.
  • Open containers are restricted from entering the building.
  • No fog machines allowed inside the building.
  • Bands and DJ’s just stop music at 9:00 p.m.

Cancellations:

HAR reserves the right to cancel a reservation or an event when unusual circumstances exist or at any time when circumstances are such that the event will present a clear and present danger to the orderly operation of the HAR facility.

  • In the event of a disaster or other condition beyond the control of HAR that would render the planned facility inoperable or not suitable for use, HAR shall be released from any responsibility to provide facilities or services and shall bear no liability for any damage, loss, or other cost resulting from the unavailability of the planned facility.  In such an event, the Contract Holder deposit(s) shall be returned.
  • Unless prior arrangements are made, all fees and charges are due and payable one week prior to the beginning of the event or the event can be cancelled.
  • The reservation deposit is refundable when at least 30 days’ notice of cancellation is given prior to the scheduled event.

Security:

  • HAR may require Contract Holder to provide at its own cost, a private security force to ensure safety of persons and property and compliance with law, should the circumstances of the event warrant such requirement.
  • HAR reserves the right to close down an event when unusual circumstances exist, when laws are being violated by anyone on the premises, or at any time when circumstances are such that the event will present a clear and present danger to persons or property.

Disclaimers:

  • Events that are religious in nature should be avoided.
  • Political events must be forum style with opposing views.

Member Usage:

  • Each office will be entered into a lottery for first pick of date reservations.
  • Summer Concert Participation
  • Friday Night Markets
  • Arts Alive
  • Special Events

ANTI-HARASSMENT POLICY

Humboldt AOR Commitment:

The Humboldt AOR is committed to providing a productive and welcoming environment that is free from discrimination and harassment. Members are expected to act with courtesy and mutual respect toward each other, Humboldt AOR or MLS staff, service providers, speakers, guests, and event participants.

Prohibition of Harassment:

No Member of the Humboldt AOR or Humboldt MLS Participant may harass an Association or MLS staff member, volunteer, officer or director, or another Member, service provider, speaker or guest of the Humboldt AOR during any Humboldt AOR function, meeting or Humboldt AOR-related event or at the Humboldt AOR workplace or in any other forum or platform governed by NAR policy.  This also includes phone calls, correspondence and in-person harassment.

Harassment:

Harassment includes inappropriate conduct, comment, display, action, or gesture based on another person’s sex, color, race, religion, national origin, age, disability, sexual orientation, gender identity, and not strictly limited to any other protected characteristic. Harassment in any form is strictly prohibited.

Examples of harassment include, but are not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and the display or circulation of written or graphic material that denigrates or shows hostility toward an individual or group based on a protected characteristic.

Sexual Harassment:

Sexual harassment is one form of harassment. Sexual harassment may involve individuals of the same or different gender. Like all harassment, sexual harassment is strictly prohibited.

Sexual harassment can be:

Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, or threats.

Non-Verbal: Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, or obscene gestures.

Physical: Unwanted physical contact, including touching, pinching, coerced sexual intercourse, or assault.

Ways to Avoid All Types of Harassing Conduct:

All Members are responsible for following this Policy and maintaining a work environment that is free from all types of harassment. Often the best way to stop offensive conduct is to simply tell the person/s of your objection to it. The Humboldt AOR encourages you to do so.

Persons are encouraged to confront unwelcome behavior directly if they can do so safely and comfortably. Even if no one has told an alleged harasser that his/her conduct is offensive, the alleged harasser may still be subject to discipline as set forth in this Policy. To avoid the risk of violating this Policy, Members will want to follow these guidelines:

  • Remember that another individual may consider touching to be unwelcome or offensive.
  • Racial, religious, ethnic, age-related, and sexual jokes and epithets have no place in the work environment or at work-related functions or events.
  • Compliments to others should be kept general.
  • Drinking impairs good judgment. When at work related social functions or events, whether on or off the premises, avoid having one drink too many.
  • Do not behave in a way you would not want your spouse, significant other, parent, child, or clergy to witness.

How to Report Incidents of Harassment or Inappropriate Behavior:

Any member who believes they experienced or witnessed harassment or other inappropriate behavior in violation of this Policy should promptly report the incident to one of the following individuals: the Chief Executive Officer/Association Executive or the President of the Association or the next highest officer who is not the subject of or directly connected by way of a close personal or business relationship, or otherwise poses a conflict of interest, with the subject of the complaint, or if no other officer remains, a member of the Board of Directors.

Protection for Reporting and Cooperating:

No recourse will be taken against an individual acting in good faith for reporting harassment or for cooperating in an investigation.

Description of Misconduct:

An accurate record of objectionable behavior or misconduct is encouraged to resolve a formal complaint of harassment. Reports of harassment may be made verbally or in writing. Individuals who believe that they have been or are currently being harassed, should attempt to maintain a record of objectionable conduct in order to prepare effectively and substantiate their allegations.

Time Frame for Reporting a Complaint:

The Humboldt AOR encourages prompt reporting of complaints so that rapid response and appropriate action may be taken. This Policy not only aids the complainant, but also helps to maintain an environment free from harassment or inappropriate behavior contemplated by this Policy.

Investigation and Discipline:

Upon receipt of a report of possible harassment or inappropriate behavior in violation of this Policy, the Humboldt AOR will promptly conduct a review in consultation with counsel. Through this consultation, the Humboldt AOR may determine whether the matter can be resolved by meeting with those involved, or whether the matter should be referred to an investigatory team for further processing.

In instances of referral to an investigatory team, the Humboldt AOR will promptly conduct an investigation in consultation with counsel. Unless otherwise determined by the Humboldt AOR in consultation with counsel, the investigatory team will be comprised of the President, President-Elect and one member of the Board of Directors selected by the highest-ranking officer not named in or directly connected by way of a close personal or business relationship, or otherwise posing a conflict of interest with one named in the complaint.

A conflict of interest shall be deemed to exist when, by appearance or otherwise, a person cannot be considered to be impartial or disinterested. Examples include, but are not limited to, current or past relationships by blood, family, business, encounters of an acrimonious nature or any other situation when one cannot be impartial by appearance or otherwise. In the event any member of the investigatory team has a conflict of interest, the individual shall be precluded from participating in the proceedings.

Unless otherwise determined by the Humboldt AOR in consultation with counsel, should any potential conflict exclude any of the officers or directors outlined in succession above, one or more shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in or directly connected by way of a close personal or business relationship with one named in the complaint, or otherwise posing a conflict of interest, or if no other officer or director remains, by the Chief Executive Officer/Association Executive.

In pursuing the investigation, the Humboldt AOR shall take the wishes of the complainant under consideration, but shall thoroughly investigate the matter, keeping the complainant informed as to the general status of the investigation, while maintaining the confidentiality of the investigatory process. During the investigation, the Humboldt AOR will involve only those deemed necessary to the investigation, and disclosures will only be made on an as-needed basis.

If, after its investigation, the investigatory team concludes there is sufficient evidence that a violation of this Policy has occurred, the investigatory team will determine any disciplinary action.

The Humboldt AOR may, but is not obligated, refer the investigation or the investigation and recommendation of discipline to another AOR or outside investigator for handling.

[NOTE: An external body would likely consist of professionals such as an outside human resource firm or a law firm experienced with conducting investigations of this nature to serve as the investigatory team. Depending on the alleged facts and circumstances, it’s possible some complaints may be more appropriately handled by an external body; the AOR should consult with its board counsel to determine whether it may be advisable for a given matter to be referred to an external body.]

The Humboldt AOR reserves the right to take any necessary and appropriate disciplinary action against a member who engages in any form of harassment or inappropriate behavior in violation of this Policy. Such actions may include, but are not limited to, prohibition from attendance at future Humboldt AOR meetings or events, removal from a committee appointment, officer or director position, probation, suspension or expulsion from membership or any other action deemed appropriate by Humboldt AOR. The Humboldt AOR further reserves the right to consider any matter referred to it from the California Association of REALTORS® (“C.A.R.”) as a result of a violation of C.A.R.’s Code of Conduct, Civility and Harassment Policy and has the discretion to determine whether further action should be taken against the member at issue by the Humboldt AOR.

A written summary of the resolution, including whether or not this Policy was violated and whether the alleged perpetrator was disciplined, will be prepared and shared with the alleged complainant and perpetrator(s) involved and the Board of Directors.  (September 2020)

 

WORKPLACE VIOLENCE POLICY

See CEO for a full copy of the Workplace Violence Policy, reporting actions, and response.

HAR Bylaws
MLS Rules & Regulations