Policies and Procedures


TOOELE COUNTY

ASSOCIATION OF REALTORS®

 

 

 

POLICY AND PROCEDURES MANUAL

 

 

 

 

 

 

 

Approved October 30, 1995

Revisions January 2013

 

I.  PURPOSE, DUTIES & RESPONSIBILITIES

 

The mission of the Tooele County Association of REALTORS® is to service members by providing and promoting services to enhance members’ ability to conduct their business with competency and integrity and to advocate on behalf of the interests of private property owners.

 

We promote the image of REALTORS® as knowledgeable practitioners essential to the real estate transaction.  Through our educational and informational endeavors we foster career advancement, real estate best practices and enforcement of the Code of Ethics of the National Association of REALTORS®.

 

Among the duties and responsibilities performed by the TOOELE COUNTY ASSOCIATION OF REALTORS®, but not limited to those listed, are the following:

 

1.  Coordinate programs and activities.  Set monthly General Membership and Board of Director Meetings to accomplish goals and set policies.

 

2.  Support a legislative and legal environment favorable to the members and to maintain a presence in this area, and increase REALTOR® involvement in the political process at the local level.

 

3.  Promote effective licensing and regulatory activities of the Board with respect to real estate practices.

 

4.  Provide continuing education for REALTOR® Members and to promote the professional designations offered by the Institutes, Societies and Councils of the NATIONAL ASSOCIATION OF REALTORS®.

 

  1. Train REALTORS® to broaden responsibilities of the real estate profession by appointment to and participation in committees, task forces and projects.

 

 

II. SUMMARY OFASSOCIATION’S ANTI-TRUST COMPLIANCE POLICY

 

TO BE READ AT ALL MEETINGS

 

The Tooele County Association of REALTORS® (hereinafter referred to as the Board) and its Officers, Directors, employees and committees fully support and intend to comply with all applicable federal and state anti-trust laws and shall not engage in any anti-competitive conduct or practices, nor allow the Board to be used by any member or committee for any anti-competitive effect, including but not limited to the following kinds of prohibited conduct:

 

1.  Any discussions or effort to directly or indirectly fix, peg, raise, lower, control, recommend, suggest or maintain broker’s commissions or commission splits on the sale of real estate.

 

2.  Any contract, combination, conspiracy, discussions or effort to divide or allocate real estate markets to customers.

 

3.  Any discussions or effort to disparage or injure the business or trade of anyone.

 

Minutes should be kept of all business of the Directors and standing committees, which summarize accurately and concisely the action taken at the meeting.

 

  1. ELECTED AND APPOINTED OFFICERS

 

A.  OFFICE OF DIRECTOR

 

POSITION DESCRIPTION (Serves 2-Year Term)

Serves as the governing body for the general membership in conducting the ongoing operations of the Association and establishing and maintaining the policies of the Association.

 

DUTIES

  1. In addition to the Directors, the President, President-Elect, Secretary/Treasurer, Immediate Past-President, and Association Executive shall be members of the Board of Directors during terms of office.
  2. New directors will begin training for their positions in October by attending Board of Directors meetings as non-voting members.
  3. Hires one employee – the  Office Administrator
  4. Serves as the governing body of the Association.  Makes Association policies.
  5. Creates and institutes a Vision.
  6. Maintains the Association’s Mission Statement.
  7. Mandatory to attend the annual Strategic Planning meeting.
  8. Approves the Strategic Plan with measurable outcomes.
  9. Approves annual budget and annual dues.  Ensures the financial integrity of the organization.
  10. Creates Communication Action Plan.  Membership communication liaison.
  11. Speaks with one voice.
  12. Promotes organization image.
  13. Meets at regular intervals.
  14. Attends each New Member Orientation to give presentation on assigned Committees.
  15. Responsible to supervise two assigned committees.  Directors are required to monitor each of their committees to ensure committees are completing their assignments.  If a Committee Chair and/or

Vice -Chair fail to fulfill their duties the Directors are responsible to follow through on committee assignments or appoint a new Chair and/or Vice -Chair.

  1. Appoints the Committee Chairs for a one-year term for committees they are responsible for (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice Chair to the Chair position shall be automatic at the end of the Chair’s term or due to resignation, incapacitation or removal of the Chair.  Vacancies among the Vice -Chair positions shall be filled by Chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  2. Responsible to participate in committee training and goal setting meetings for assigned committees.
  3. Will present a monthly report of assigned committees, taskforces and other duties to the Board of Directors.

 

  1. Director
  1. Awards Committee
  2. Education Committee

 

  1. Director
  1. Legislative Committee
  2. UARHOF Trustee

 

  1. Director
  1. Affiliate Committee
  2. Economic Development Committee

 

  1. Director
  1. Community Relations Committee
  2. Public Relations Committee

 

  1. Director
  1. Events Committee
  2. RPAC Fundraising Committee

 

  1. Director
  1. General Membership Meeting Committee
  2. Property Tour Committee

 

B.  OFFICE OF THE PRESIDENT

 

POSITION DESCRIPTION (Serves 1-year term as President-Elect and 1-year term as President.

Serves as chief elected officer representing the entire membership; to provide personal leadership to the other officers, member volunteers, staff and membership; to establish goals and objectives for the organization during his/her term of office; to act as spokesperson for the Association; and to evaluate and monitor organizational performances and effectiveness.

 

DUTIES

  1. Shall be the official spokesperson for the Association and the real estate industry in Tooele County.
  2. Preside at Board business meetings.  Will act as “Chair” at such meetings, and will not vote unless in the event of a tie or to cause a tie (see Robert’s Rules of Order).
  3. Supervise all of the business-related affairs of the Association.
  4. Sign contracts or other instruments which the Board of Directors has authorized to be executed.
  5. Shall represent the Association before other Boards when invited.
  6. Shall assist in carrying out the policies and programs approved by the Board of Directors.
  7. Shall attend New Member Orientation to be introduced to new members.
  8. May appoint additional special committees and/or task forces with the approval of the Board of Directors.  Shall define the duties and charge of such committees.
  9. Shall be an ex-officio member of all committees.
  10. Shall appoint three members for the Nomination Committee.
  11. Shall appoint three members for the Financial Committee.
  12. Signatory authority for Association’s checking account.
  13. Shall be a member of the Executive Committee.

 

It is recommended that the President shall consult with the President-Elect to review the appointments of the various committee assignments.  This should provide greater continuity and involvement in committee leadership.

 

  1. Planning the Year

Since the President was chosen to lead the Tooele County Association of REALTORS®, he/she should set out particular goals for the term of office right away, asking for the support of the elected officers and the Office Administrator.  Discuss with them ideas best suited to help reach those goals.

 

The President should review with the officers those problems which might beset the Board in the months ahead and determine how best to find solutions.  The President is not required to shoulder the entire responsibility, but call on various officers and members for assistance on various projects.

 

It is very important the President be well acquainted with the Tooele County Association of REALTORS® Bylaws and that he/she know the state and national Association’s Bylaws, Code of Ethics, and Policy Statements of each.

 

3.  The President and the Officers

The President must work closely with the President-Elect, giving him/her all the encouragement possible, and should always keep him/her fully informed on programs and ideas.

 

The president will work closely with the Board of Directors.  The Board of Directors will act with professionalism and always work for the good of the membership.  The President-Elect, the six directors, and the Immediate-Past President will be voting members at Board of Directors Meetings.  The current President will act as “Chair” at the meetings and will vote in the event of a tie or to create a tie vote, but will not vote twice.   It is important to have an agenda prepared ahead of all Board meetings.  The President must call the meeting to order on time, check for a quorum and keep the flow of business moving smoothly.

 

A Typical Agenda for General Membership Meeting

1.  Call to Order

2.  Invocation

3.  Pledge of Allegiance

4.  Welcome guests in audience

5.  Minutes to be read and approved

6.  Financial Report to be presented and discussed

7.  Reports of any officers

8.  Committee Reports

9.  Old business

10. New business

11. Adjournment

12. Next meeting

 

4.  The President and the Committees/Task Forces

(Detailed responsibilities of committees are given later in this manual)

 

There are two types of committees: the standing and the special/task forces.  Usually standing committees are designated in the Policies & Procedures of the Association, while special committees/task forces may be appointed to perform special functions.  It is extremely important that committee appointments reflect the interest of its members.  All committees should be reminded that their actions should reflect the business plan and budget approved by the Board of Directors.

 

Committees should be advised to set completion dates for their goals, and then the president may follow up on committee actions.  He/she may want to call on them at meetings to present a status report.

 

C.  OFFICE OF PRESIDENT-ELECT

 

POSITION DESCRIPTION (Serves 1-year term as President-Elect and 1-year term as President

shall have such duties and responsibilities as assigned by the President.  The President-elect shall be primarily responsible for preparing to assume the office of President.  The President-Elect shall identify the specific goals and objectives for the coming year and address implementing those goals.  The President-Elect automatically becomes the President.

 

1.  In the absence or inability of the President to act, the President-Elect shall act as presiding officer and perform other duties of the President.

2.  In the event of the death, disability, removal from office or resignation of the President, shall succeed to the presidency.

3.  Shall represent the Association before other organizations when invited, or instructed by the Board of Directors.

4.  Shall perform such other duties as the President and the Board of Directors may determine.

  1. Shall attend the President-Elect meetings at the quarterly UAR Directors’ meetings.

6.  Shall oversee all Task Forces.

7.  Shall be a voting member of the Board of Directors.

8.  Shall be a member of the Executive Committee.

9.  Beginning in 2013, shall act as Installation Banquet Committee Chair.

 

D.  OFFICE OF SECRETARY/TREASURER

 

POSITION DESCRIPTION (Serves 1-Year Term)

Serves as the official record keeper and treasurer for the Association.  Second in line (after the President-Elect) to automatically succeed the President upon resignation, incapacitation or removal.

 

DUTIES

  1. Shall take minutes at all Board of Directors and General Membership Meetings and deliver to Association Executive within one week following meetings.  Submit Office Administrator copy of approved or corrected minutes for filing.
  2. Serves as the Financial Committee Chair.
  3. Assists in developing the TCAR annual budget.
  4. Supervises quarterly audits conducted by the Financial Committee.
  5. Presents quarterly financial reports at the General Membership meeting.
  6. Shall not be a voting member of the Board of Directors.
  7. Shall be a member of the Executive Committee.

 

E.  IMMEDIATE PAST PRESIDENT

  1. Shall be a voting member of the Board of Directors as a Director at Large.
  2. Shall perform duties as the President and the Board of Directors may determine.
  3. Signatory authority for Association’s checking account.
  4. Shall be a member of the Executive Committee.

 

F.   EXECUTIVE COMMITTEE

 

POSITION DESCRIPTION

Shall be composed of the President, President-Elect, Immediate Past-President, Secretary/Treasurer and Office Administrator.  The Chairman shall be the current President.  To coordinate the work for all Association committees and handles all matters that is not the specific responsibility of any other committee (Membership, Bylaws).  Also reviews recommendation from other committees before they are presented to the Board of Directors for action.

 

DUTIES:

  1. Directly responsible for all finance and bylaws administration.
  2. Shall make recommendations to the Board of Directors.
  3. Shall transact business of an emergency nature between meetings of the Board of Directors, and shall report such actions in full to the Board of Directors at its next meeting.

 

G.  OFFICE ADMINISTRATOR

 

  1. Reports directly to the President and the Board of Directors.
  2. Works with the Board of Directors to develop overall annual operating plans for the association.
  3. Recommends for the approval of the Board of Directors basic policies and programs that will further association objectives.
  4. Executes all decisions and implements all administrative policies, procedures and programs for the Board of Directors/Executive Committee except when directors specifically make other assignments.
  5. Responsible for assisting the President and other Officers in communicating the goals and programs of the Board of REALTORS® to members.
  6. Attends all meetings of the Board of Directors, Executive Committee and General Membership meetings.  Prepares the agendas and maintains the minutes and records of all official meetings. 
  7. Provides the necessary liaison and staff support to Association committees to enable committees to properly perform their functions.
  8. Receives and processes all applications for membership in a timely manner, ensuring that application fees and membership dues are collected.  Sets up and maintains the individual files for applicants.  Submits qualified names to Board of Directors for final approval. 
  9. Works with the Executive Committee to prepare an annual budget and updates all financial statements. Monitors the RPAC fundraising campaign and makes certain contributions are forwarded to UAR on a timely basis.
  10. Will become fully knowledgeable of the Code of Ethics.
  11. Ensures that the policies, programs and activities of the association are properly communicated to the members through, online communication,
  12. Has a working knowledge of and ensures that the Association is operated in accordance with the Board Bylaws and Policies and Procedures.  Maintains files of all documents.  Submits all of the governing documents to the NATIONAL ASSOCIATION OF REALTORS® for bi-annual review.
  13. Maintains current knowledge of the NATIONAL ASSOCIATION OF REALTORS® and the Utah Association of REALTORS® on updated policies and procedures and assists in disseminating same pertaining to membership, and Bylaws to the Board of Directors and appropriate committees.
  14. Becomes a member of the NATIONAL ASSOCIATION OF REALTORS®; requirements for payment of dues and the right to use the “REALTOR®” title are waived.
  15. Attends local, state and national conventions, meetings, programs and activities as determined by the Board of Directors.
  16. Ensures the legal integrity of the Association by consulting with legal counsel as directed by the Board of Directors.
  17. Ensures that all documents of the Association and the lockbox system are in compliance with errors & omissions insurance and recommends the necessary policies to the Board of Directors to safeguard the Association.
  18. Provides security for all files, legal and historical documents, membership records, funds, physical assets and other property
  19. Administers policies and procedures of the entire Association operation; though some responsibilities are delegated to other staff members, the office administrator should be aware of the progress of all association projects.
  20. Routinely reviews all office policies, procedures, staff functions and recommends necessary changes to the Board of Directors.  Ensures that personnel policies in accordance with Utah law are followed.
  21. Maintain an automated financial management system and alerting the Treasurer and President to any budgetary constraints or potential problems.
  22. Ensures that dues and fees are collected and that services are terminated for non-payment in accordance with policy guidelines.
  23. Responsible for proper and timely remittance of membership dues to the National and State Associations.
  24. Is one of the authorized signatories on all Association’s bank accounts.
  25. Controls and administers the operation of the Board Store.
  26. Serves as point of entry on NAR’s National REALTOR® Database system regarding membership records for all members.  Keeps individual membership records updated as needed.
  27. Administers Association’s lockbox system to include adding members, maintaining inventory, and preparation of yearly billing.  Maintains files on all keypads and lockboxes Strives for continued professional development by taking advantage of educational opportunities offered through Local, State or National Associations.  It is recommended that the Association Executive complete the National Association’s Administrative Basic Concepts (ABC) course.
  28. Develops good working relationships with vendors of products, other REALTOR® Association staff members including UAR and NAR.
  29. Maintains and updates website.
  30. Serves as administrator of office computer hardware and software.

 

IV. STANDING COMMITTEES AND SPECIAL COMMITTEE/TASK FORCES OF THE TOOELE ASSOCIATION OF REALTORS®

 

A Board of REALTORS® is organized to promote the welfare of the membership; this is done primarily through the workings of committees and task forces.

 

All Committees shall have a Lead Chair.

Committees are to meet as soon as possible after appointment for the purpose of developing a program for the coming year as necessary to accomplish objectives as set by the Board of Directors, keeping in mind the monies budgeted to their committee by the Board of Directors.  It shall be the Chair duty to call the meeting.

 

Committees are to be aware of, and take into consideration at all times, the long-range and short-range goals of the Association.

 

Committees are to review pertinent actions of previous years in order to provide continuity and to ensure achievement of stated goals.

 

Committee Chair shall be responsible for notifying all committee members, including the President, of all meetings.  This may be delegated to staff.  Adequate advance notice should be given for all committee meetings except in cases of urgency of action.

 

To maintain a successful committee, it is essential that a high level of attendance be obtained at each meeting.  Written minutes should be taken at each meeting, providing a permanent record of business transacted as well as means for follow-up of committee decisions and actions.

 

A.  AFFILIATE COMMITTEE

 

POSITION DESCRIPTION

Responsible to promote a positive business relationship and sense of unity among REALTOR® members and Affiliate members.

 

MEMBERS

Director, Chair and Vice-Chair

NOTE: REALTOR® only committee

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with committee director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the Chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.
  8. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint  

        a committee member to take minutes at meetings.   

  1. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.
  2. Meets with the Participating Affiliates as a group in November to welcome members, explain benefits of membership and assign members to the Association’s committees.
  3. Works with the Affiliate members to organize the Association’s annual Mini-Convention (February/March time frame).
  4. Organizes a quarterly Affiliate Roundtable meeting with the Participating Affiliates members.
  5. Selects the Affiliate of the Month Award and Affiliate of the Year Award recipients. 

 

 

B.  AWARDS COMMITTEE

 

POSITION DESCRIPTION

Responsible to determine results for the Rookie of the Year, REALTOR® of the Year, Top Producers, Elite Top Producers, Top Producing Team, Honor Society, Sterling Honor and Education Awards

 

MEMBERS

Director, Chair, Vice-Chair and one (1) additional REALTOR® member

NOTE: Number of members to be limited due to confidentiality of the awards portion of the committee

NOTE: REALTOR® only committee

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair, committee member and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the Chair’s term or due to resignation, incapacitation or removal of the Chair.  Vacancies among the Vice-Chair positions shall be filled by Chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.
  8. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a committee member to take minutes at meetings. 
  9. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.
  10. Responsible to communicate Awards guidelines to the Membership throughout the year at General Membership meetings and promotes awards participation.
  11. Review all submitted Awards applications to determine successful recipients of the awards.
  12. Develop or revise award qualification criteria as needed.
  13. Committee members must sign a confidentiality agreement in regards to the awards information submitted by the membership.

 

C.  COMMUNITY RELATIONS COMMITTEE

 

POSITION DESCRIPTION

Improves the TCAR REALTOR® image in a positive way through community service projects.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the Chair position shall be automatic at the end of the Chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by Chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.
  8. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a committee member to take minutes  at meetings
  9. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.
  10. Responsible for planning and organizing at least 2 community projects a year.  Projects must be designed to get the membership involved.

 

D.  ECONOMIC DEVELOPMENT COMMITTEE

 

POSITION DESCRIPTION

Keep members aware of developing economic trends in our area that could potentially affect our industry.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The Director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fails to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.
  8. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a committee member to take minutes at meetings.   
  9. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.
  10. Watch agendas of local government entities, (city council, planning commission, etc).
  11. To attend local government meetings on regular basis.
  12. To be prepared to address those meetings with our position at President’s request.

 

E.  EDUCATION COMMITTEE

 

POSITION DESCRIPTION

Responsible for planning Association sponsored educational programs.  To provide opportunities for REALTOR® members to further professional education.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The Director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.
  1. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a committee member to take minutes at meetings. 
  2. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.
  3. Plans and schedules no less than quarterly live education classes for the next calendar year.
  4. Schedules a live NAR approved Code of Ethics class at least once a year.
  5. Solicits other businesses to sponsor the education classes or the refreshments
  6. Coordinate with Office Administrator to set-up classroom.
  7. Educate the membership on the importance of continuing education.

 

F.  EVENTS COMMITTEE

 

POSITION DESCRIPTION

Responsible for planning and organizing Association’s  social events to promote a positive business relationship, friendship and unity among REALTOR® and Affiliate members.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a Director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the Director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The Director is required to monitor the Committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.

8.   The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a            ngs committee member to take minutes at meetings                     

9.   Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with approval  by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  Board of Directors’ approval is required for any overage above 10%.  

10. Plans, organizes and promotes the Installation Banquet for the installation of the newly elected Officers.  Beginning in 2013, President Elect shall act as Installation Banquet Committee Chair. 

11. Plans, organizes and promotes the Association’s Holiday Social.

12. Beginning in 2013, plans, organizes, and promotes the Associations’ Affiliate Party.

 

G.  GENERAL MEMBERSHIP MEETING COMMITTEE

 

POSITION DESCRIPTION

Responsible for planning and organizing Association’s General Membership meetings to ensure entertaining, informative and impactful meetings while utilizing the REALTOR® members time wisely.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a Director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The Director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.

8.  The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a    co committee member to take minutes at meetings. 

9.  Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with   a   pprapproval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  BoBoard of Directors’ approval is required for any overage above 10%. 

10. Plans, organizes and promotes eight (8) each General Membership meetings for the year.

11. Assign members to lead a prayer and the pledge allegiance before the meeting.

 

H.  LEGISLATIVE COMMITTEE

 

POSITION DESCRIPTION

Represents the Tooele County Association of REALTORS® on the UAR Legislative Committee. 

 

MEMBERS

Director, Chair and Vice-Chair

NOTE: REALTOR® only committee

 

DUTIES

  1. Committee is supervised by a Director.
  2. Training meeting with Committee Director, current President-Elect, Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.

8.   The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a comcommittee member to take minutes at meetings.   

9.   Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with appapproval  by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  BoaBoard of  Directors’ approval is required for any overage above 10%. 

10.  Attends all UAR Legislative Committee functions.

11. Lobbies State Legislature on UAR issues.

  1. Follows local legislative issues and recommend action where required.

 

I.  PROPERTY TOUR COMMITTEE

 

POSITION DESCRIPTION

Plans and promotes Property Tour as a service to our Members.

 

MEMBERS

Director, Chair and Vice-Chair

NOTE: REALTOR® only committee

 

DUTIES

  1. Committee is supervised by a director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the Director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.

8. The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a   cocommittee member to take minutes at meetings.   

9. Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with apapproval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  BoBoard of Directors’ approval is required for any overage above 10%. 

10. Encourages participation in tour through thorough planning and mapping of route to promote efficient use of   MeMember’s time.

11. Communicates Property Tour rules clearly so as to eliminate misunderstandings.

12. Solicits other businesses to sponsor the Property Tour lunches.

13. Deals with and addresses complaints and issues with Members as a means to improve Property Tour.

14. Submit list of member attendees at each Property Tour for Honor Society documentation.

 

J.  PUBLIC RELATIONS COMMITTEE

 

POSITION DESCRIPTION

Educates the general public on the importance of the Code of Ethics that members subscribe to as REALTORS® and promotes TCAR members as area specialists.

 

MEMBERS

Director, Chair, Vice-Chair and REALTOR® and Affiliate volunteer members

 

DUTIES

  1. Committee is supervised by a Director.
  2. Training meeting with Committee Director, current President-Elect, Chair, Vice-Chair and Association Executive in October before the year of service.
  3. Submit annual goals for approval by Board of Directors.
  4. Each committee must have a Chair and a Vice-Chair.  Beginning in 2010, the director appoints the Committee Chair for a one-year term (as long as the position is not currently filled) with approval by the Board of Directors.  Committee Chairs will appoint a Vice-Chair for a one-year position with the approval of the Board of Directors.  Succession of the Vice-Chair to the chair position shall be automatic at the end of the chair’s term or due to resignation, incapacitation or removal of the chair.  Vacancies among the Vice-Chair positions shall be filled by chair appointment until the end of the vacated position’s term of service with approval by the Board of Directors.
  5. The director is required to monitor the committee to ensure the committee is completing their assignments.  If a Committee Chair and/or Vice-Chair fail to fulfill their duties the director is responsible to follow through on committee assignments or appoint a new Chair and/or Vice-Chair.
  6. Based on Article XIV in the Bylaws, Robert’s Rules of Order shall be recognized as the authority governing the meetings of committees, in all instances wherein its provisions do not conflict with these Bylaws.
  7. Based on Article XVII in the Bylaws all committee meetings shall be conducted pursuant to agendas distributed in advance to attendees.

8.   The Office Administrator will keep copies of minutes in a perpetual file.  The Committee Chair will appoint a coccommittee member to take minutes   at meetings.   

9.   Committee must operate within the budget set by the Board of Directors.  Overage of 10% is allowed with       by     appapproval by an Executive Committee member (President, President-Elect, Past-President or Secretary/Treasurer).  BoaBoard of Director’s approval is required for any overage above 10%. 

10. Develop relationships with local press for the purpose of advancing REALTOR® image when possible.

11. Prepare articles for the Tooele Chamber of Commerce newsletter.

12. Prepare articles for UAR magazine as requested.

13. All advertisements and articles in newspapers or publications need to be proof read by the Executive Officer and the the current Board President.

14. Documents board functions with photographs.

 

K.  RPAC FUNDRAISING COMMITTEE

 

COMMITTEE DESCRIPTION

Responsible for raising RPAC funds from the membership

 

MEMBERS

Director, Chair, Vice-Chair, and Realtor and Affiliate volunteers members

 

DUTIES

  1. Responsible for planning and executing a minimum of two (2) events and activities designed to raise RPAC funds.
  2. Committee is supervised by a Director.
  3. Training meeting with Director, current President-Elect, Chair, Vice-Chair, and Association Executive in October BEFORE year of service.
  4. Submit Annual goals and budget for approval by Board of Directors.
  5. Chair will serve one year term to be succeeded automatically by Vice-Chair at end of term.  Director selects Vice-Chair to serve in following year prior to October training meeting.  Succession of the Vice-Chair to the Chair position shall be automatic at the end of the Chair’s term or due to resignation or removal of Chair.  Vacancies of the Vice-Chair position shall be filled by appointment and ratification of the Board of Directors.
  6. The Director is required to monitor the committee and ensure the committee is completing their assignments. If committee leadership fails to fulfill their duties, the Director is responsible to follow through on committee assignments or appoint a new Chair/ Vice-Chair at the Direction of the Board of Directors.

7.   Based on Article XIV of the Bylaws, Robert’s Rules of Order s hall be recognized as the authority governing the

       meetings of committees, in all instances wherein it’s provisions do not conflict with these bylaws.   

8.   Based on Article XVII in the bylaws, all committee meetings shall be conducted pursuant to agendas distributed      in ain advance to attendees.

9.   The Association Executive will keep copies of meeting minutes in a perpetual file. The Committee Chair will      

       appoint a committee member to take minutes at meetings.

10. Committee must operate within the budget approved by the Board of Director.  Any Overage must be approved by   by the Board of Directors.

 

L.  UARHOF TRUSTEE

 

POSITION DESCRIPTION (Serves a 2-year term)

Approves grant applications, reviews the financial status of the program, approves allocation of funds to boards, reviews and updates Bylaws, encourages and develops ways to increase the success of the program and promotes UARHOF throughout the state.

 

MEMBERS

Director and Trustee

NOTE: REALTOR® members only

 

DUTIES

  1. The Trustee shall represent the TCAR membership with the UARHOF Trustees. 
  2. The Trustee shall meet with the UARHOF Trustees at least four times a year (tentatively scheduled to meet the day before the Quarterly UAR Board of Directors meeting) as directed by the Chair of the UARHOF Trustees.
  3. The Trustee shall encourage and develop ways to increase the success of the program and promote UARHOF within the Association.  The Trustee shall periodically approve Brokerages to sign up with the UARHOF program.
  4. The UARHOF Trustee shall communicate to the Board of Directors and/or membership any information or policies established or communicated by the UARHOF Trustees that will affect the membership.

 

EXECUTIVE COMMITTEE GROUP ASSIGNMENTS

 

A.  FINANCIAL COMMITTEE

 

MEMBERSHIP

Three members appointed by the President and approved by the Board of Directors.

 

PURPOSE

To advise Board of Directors on Board financial matters.

 

DUTIES

  1. The committee will be supervised by the Secretary/Treasurer.
  2. The committee will review the Board’s financials on a quarterly basis.
  3. Assists the Secretary/Treasurer in preparing a quarterly financial report to be given at the General Membership meetings.

 

B.  GRIEVANCE COMMITTEE

 

MEMBERSHIP

  1. One (1) REALTOR® Member appointed to Grievance Committee for a three-year term.

 

PURPOSE

When invited by the UAR - reviews complaints/arbitration requests on a regional level to determine if a hearing should be held.  To enforce professional standards and enforcement of the Code of Ethics.  To assist REALTORS® in matters concerning Risk Reduction.

 

DUTIES

  1. Must attend a UAR Professional Standards/Grievance/Code of Ethics training each year.
  2. Performs duties as assigned by the Utah Association of REALTORS®.

 

C.  PROFESSIONAL STANDARDS REPRESENTATIVES

 

POSITION DESCRIPTION

When invited by the UAR – attend Code of Ethics Complaint hearings.  Determines if the Code of Ethics has been violated.  If appropriate determines the Disciplinary Action to be taken.  To enforce professional standards and enforcement of the Code of Ethics.  To assist REALTORS® in matters concerning Risk Reduction.

 

DUTIES

  1. Attends a UAR Professional Standards/Grievance/Code of Ethics training each year.
  2. Performs duties as assigned by the Utah Association of REALTORS®.

 

D.  RPAC TRUSTEES

 

MEMBERSHIP

  1. RPAC Trustees will be made up of a Chair, Co-Chair and a Past-Chair and as many as three but not less than two additional members.
  2. Trustees will be selected by the Association President and ratified by the Board of Directors.  Each Trustee will serve a term of three years, although Trustees may serve consecutive terms. In the event a Trustee resigns or is unable to serve, a replacement will be selected using the same formula to fill the remaining term.
  3. The Chair will be selected by the President and ratified by the Directors, and will serve one year. Trustees may serve as Chair for consecutive terms. Candidates must have served at least two years as a Trustee in the TCAR. Service on the State URPAC Trustees may be substituted when applicable.
  4. Co-Chair will be selected by the President-Elect and ratified by the Board of Directors. It will be customary BUT NOT AUTOMATIC that the Vice-Chair will succeed as the Chair. The year as Vice-Chair may constitute one of the two years required to become Chair.

 

PURPOSE

To administer the funds collected due to the Association’s URPAC contribution.

 

DUTIES

  1. The Trustees administrations to include, but not limited to, interviewing and voting to fund, endorse or otherwise support candidates for local political office at the sole discretion of the Trustees.  Such endorsements may, at the Trustees discretion, include a public announcement of such support on behalf of TCAR. This amount may not exceed the amount earmarked for the Candidate portion of total PAC revenue, or 67%.
  2. The trustees may also, at their sole discretion, contribute an amount that is deemed appropriate to support or oppose any local issue. This amount may not exceed the amount earmarked for the issues portion of total PAC revenue, or 33%.
  3. Meetings will be held in an amount and at a time deemed necessary by the Chair or at the request of the President.  Minutes of all meetings will be taken and prepared by the Association AE in accordance with TCAR policy.
  4. Details of these meetings in general, and debate about or interviews with Candidates in particular are absolutely confidential.  Violation of this policy will result in dismissal from the Trustees.  Any public discussion of any issues involving the Trustees actions will originate from the President or the Chair, at the President’s direction.
  5. The guide for Trustees will be the UAR Statement of Policy.  Decisions should be governed by its agreement with that policy, with an emphasis on private property rights, small business and fair taxation and environmental policies.  All Trustees must be familiar with the Statement of Policy.

 

 

V. GENERAL PLANNING CALENDAR                                                              

 

Weekly eBulletin or newsletter – Monday of each week

 

General Membership Meeting -Second Thursday of every month, 12:00 noon, location to be decided

 

Board of Directors Meeting –.  First Thursday of every month, 9:30 AM Directors notified one week prior

 

Property Tour – To be held monthly  

 

UAR Board of Directors Meeting (Quarterly) - Attending is President, President-Elect and Office Administrator

 

Election of New Officers - August

 

Installation of New Officers - September

 

Term of Office - Begins January 1st

 

UAR Leadership Workshop  As per UAR directions

 

 

 

I. EMPLOYEE/EMPLOYER GUIDELINES

 

Following these guidelines is a requirement in order to invoke defense costs coverage (up to $1,000,000) under the NATIONAL ASSOCIATION OF REALTORS®' Professional Liability Policy for wrongful termination claims.  Such coverage applies to suits arising from hiring, firing, compensation, employee privileges or other terms of employment. 

 

A. PERFORMANCE REVIEW

 

Review all new, transferred, or promoted employees six (6) months after the starting date in the new position.  A second performance review must be scheduled six (6) months after the first and the third and subsequent reviews on an annual basis thereafter.  Additional performance reviews may be conducted if the employee's performance or behavior warrants it.

 

Performance appraisals are conducted in June and must be documented in writing and signed by the employee.  Performance reviews do not necessarily require wage and salary adjustments.

 

B. DISCIPLINARY ACTION

 

Employee disciplinary action must progress in a uniform manner.  The following steps must be followed when disciplining poor employee performance and violation of any standards of conduct.  The steps, arranged in order of their severity, are:

 

1.  Verbal Warning

2.  Written Warning

3.  Probation

4.  Suspension

5.  Discharge

 

The steps to be taken depend on the nature of the violation or performance problem, its seriousness, frequency, and the employee's record.

Verbal Warning

 

For many minor infractions or performance problems, give the employee a verbal warning to correct the situation.  Meet with the employee as soon as possible after the problem, and in the conversation, clearly explain the violation or performance problem.  Next, tell the employee why it is a violation or problem and discuss the future behavior expected of the employee.

 

Note in writing the date, time and content of the conversation for future reference.  If the employee repeats the behavior, or if the situation doesn't improve within a reasonable period of time (this depends on the seriousness of the infraction), repeat the verbal warning or proceed to the next step in the process.

 

Procedure:  Administering a Verbal Warning

 

1. Meet with the employee.

2. Explain the nature of the violation or the performance problem.  Discuss the problem and its resolution with the employee.

3. Describe the future behavior expected of the employee.

4. Note the date, time, and content of the conversation in writing.

5. If the employee repeats the behavior, either give another verbal warning or administer the next disciplinary action, the written warning.

 

 

 

Written Warning

 

The next step in progressive discipline is to issue a written warning.  Use written warnings if an employee:

 

  • continually repeats minor violations
  • has performance problems that have been unresolved by verbal warnings
  • violates more serious standards of conduct
  • has major performance problems

 

In this memorandum, describe in detail the facts involved in the infraction or performance problem.  Also, outline the behaviors and objectives expected of the employee by a specified time in the future.

 

The employee must sign the memorandum.  This shows that the employee has received, acknowledged, and understood the memorandum.  This does not mean, however, that the employee has necessarily agreed with its contents.

 

Allow the employee to make a written response.

 

Next, put a signed copy of the written warning (with the employee's response, if any) in the employee's personnel file.  If the situation does not improve within the specified time period, repeat the written warning or take the steps required for probation, suspension, or discharge.

 

Procedure:  Issuing a Written Warning to an Employee

 

1. Create a written memorandum describing the facts involved in the problem.

2. Meet with the employee to discuss the memorandum.

3. Have the employee sign the memorandum acknowledging receipt and understanding of it.

4. Allow the employee to offer a written response to the warning.

5. Put a signed copy of the memorandum (with the employee's response, if any) in the employee's personnel file.

 

Probation

 

In most instances, use this disciplinary action if the verbal and written warnings did not result in improved behavior and work performance.  To place an employee on probation, prepare a memorandum that explains the reasons he or she is being placed on probation.  Also, specify the following:

 

  • the length of the probationary period
  • the behaviors or level of job performance expected during and by the end of the probationary period
  • the consequences of failing to meet the expectations by the specified time

 

The usual consequence of the employee failing to improve is to consider discharge or to actually discharge the employee.

 

Meet with the employee and discuss the contents of the memorandum.  Have the employee sign the memorandum, acknowledging receipt and understanding of its content.  The employee may provide a written response.  

 

Put a signed copy of the memorandum along with a copy of the employee's written response, if any, in the employee's personnel file.

 

Procedure:  Placing an Employee on Probation

 

1. Prepare a memorandum explaining the reasons the employee is on probation.

2. Meet with the employee and discuss the contents of the memorandum.

3. Have the employee sign the memorandum to acknowledge receipt and understanding.

4. Let the employee provide a written response.

5. Put the signed copy of the memorandum along with the employee's response, if any, in the employee's personnel file.

 

Suspension

 

Suspension can be used as a disciplinary action if verbal and written warnings and probation failed to correct the problem.  However, suspension is most often used when an incident warrants immediate action.  In such a case, suspend the employee without pay for a specified time, pending investigation of the occurrence.

 

C. TERMINATION

 

State and Federal laws have a great impact on terminations, and they must be handled with expertise.  If an incident occurs that could be cause for immediate termination, contact legal counsel.  If the behavior is a repeated offense, the employee's file must be sufficiently documented to support the termination.  Before discharging an employee, review all documentation with your legal counsel.

 

D. IMPORTANT REMINDERS

 

All incidents of misbehavior, conversations with employees regarding those incidents, memoranda, employee responses, and other information pertinent to the misbehavior or performance problems must be documented in the personnel file.

 

When document violations or performance problems are documented, be objective and give only the facts.  Do not include personal feelings or opinions about the employee or the incident in either the memorandum or verbal warnings.

 

VII. SEXUAL HARASSMENT OF BOARD/ASSOCIATION STAFF

 

Sexual harassment is illegal conduct and is contrary to the policy of the Association. 

 

Sexual harassment is any verbal or physical conduct of harassing nature, requests for sexual acts or favors, unwelcome sexual advances, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment.

 

Complaint Procedure
Any employee who believes that he/she has suffered sexual harassment by any member of the Board must bring the problem to the attention of the President or President-Elect. The complaint does not have to be in writing; however, it is helpful if details of dates, times, places and witnesses, if any, to the harassment alleged can be provided.

All complaints will be investigated promptly and with strictest confidentiality by an investigatory team comprised of the President, President-Elect and one (1) member of the Board of Directors selected by the highest-ranking officer not named in the complaint after consultation with counsel for the Association. If the complaint involves the President or President-Elect, they shall be replaced on the investigatory team by the immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest-ranking officer not named in the complaint.

Both the complainant and the accused will be provided a full opportunity to present their cases. Witnesses interviewed will be provided only such information as is necessary to elicit from them their observations and other relevant information.

Disciplinary action against any member found to have sexually harassed a board or MLS employee may include verbal or written warning, probation, suspension or expulsion depending on the gravity of the incident. Prior incidents of similar behavior shall be taken into consideration when determining the appropriate disciplinary action. Such decision shall be made by the investigatory team.

Clear, strong, and convincing shall be the standard of proof by which alleged allegations of sexual harassment are determined. Clear, strong, and convincing shall be defined as that measure or degree of proof which will produce a firm belief as to the validity of the allegations sought to be established.
 

It is contrary to the policy of NAR for a member to retaliate against any employee who files a charge of sexual harassment. All possible steps will be taken to eliminate the possibility of retaliation resulting from the filing of a complaint.

In the event a complaint of sexual harassment is found to be totally and completely without basis, appropriate disciplinary measures may be taken against the employee who brought the complaint. While this is in no way intended to discourage employees who believe they have been the victim of sexual harassment from bringing a complaint, the board recognizes that a charge of sexual harassment can cause serious damage to the personal reputation and professional career of the accused.
 

VIII. Volunteer/Staff Code of Conduct and Sexual Harassment Policy

 

The members and staff must work together effectively as a team to accomplish the Association's goals.  Such joint efforts are enhanced by an environment of courtesy and mutual respect.  Offensive behavior not only impedes the effectiveness of the joint efforts, but can also create exposure to legal liability.

 

The Tooele County Association of REALTORS® fully supports the rights and opportunities of all its directors, committee members and employees to work in an environment free from discrimination and without subjugation to sexual harassment.

 

Sexual harassment does not include occasional compliments or voluntary relationships between members and staff.    

 

Sexual harassment may be overt or subtle.  It includes behavior that is not welcome, that is personally offensive, that fails to respect the rights of others, that lowers morale and that, therefore, interferes with the effectiveness of our work.  Sexual harassment may take different forms.  One specific form is a demand for sexual favors.  Other forms of harassment include:

 

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

 

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

 

Physical           Unwanted physical contact, including touching, pinching, brushing the body, coerced sexual intercourse, assault.

 

Whatever form it takes -- verbal, non-verbal or physical -- sexual harassment is insulting and demeaning to the recipient and cannot be tolerated.  Sexual harassment of any member or staff by any member or staff will not be tolerated.  All staff and members will be expected to behave accordingly and take appropriate measures to ensure that such conduct does not occur.  Appropriate disciplinary action will be taken against any staff or member who engages in sexual harassment.

 

Any director who believes he or she has been the subject of sexual harassment should report the alleged act immediately to the Board President.  If the complaint involves the Board President, the complaint should be brought to the attention of the President-Elect.

 

Any committee member who believes he or she has been the subject of sexual harassment should report the alleged act immediately to the chairman of the committee.  If the complaint involves the chairman, the complaint should be brought to the attention of the Board President.

 

Staff should follow the complaint procedures set forth in Article VII of the Association's Policy and Procedures Manual.

 

IX. GENERAL OFFICE PROCEDURES                                                    

 

The office must be supervised during office hours posted on door.  If Office Administrator will be gone to meetings, appointments, or vacation, it will be posted on the door.   Office Administrator is an employee of the Association.  Paid holidays are Memorial Day, 4th of July, Christmas, Labor Day, New Year’s Day, and Thanksgiving & Friday and one floating holiday.  After one year of service, five (5) days paid vacation granted to Office Administrator; one additional day per year accruing for the following five years for a total of no more than ten (10) working days paid per year.    Should Office Administrator remain employed by TCAR for a period of ten (10) years she/he shall thereafter accrue fifteen (15) days.  Workweek will consist of a minimum of 25 hours and will not exceed 25 hours unless approved by Board of Directors. Compensation time can be accrued on approval of the Board of Directors. At least one copy of all office correspondence shall be kept and properly filed.  Filing must be kept neat and clean.  It will be the responsibility of office staff to know the proper means of using the telephone.  The telephone should be answered on the first ring if possible by saying, “Tooele County Association of REALTORS®, this is ‑‑‑‑‑‑‑‑‑‑‑.”  Telephone courtesy is a must.  It is expected that background noise, conversation, laughter, radios, etc., be maintained at a minimum volume level to avoid distraction.  Phone is for business use only.  Personal calls are to be kept to a minimum, rather than tying up the phone for personal business. 

 

All orders for stationery, office supplies, printing, repair of equipment, and any other goods or services necessary for the proper conduct of business are to be ordered through Office Administrator.  All travel or itineraries of travel for official business shall be budgeted for and approved by the Board of Directors.  All office and work areas are to be as neat as possible.  Food is not normally to be consumed in the office work areas.  The Office Administrator will be responsible for general office supplies and equipment storage and neatness.  All equipment is to be turned off at the end of the workday.

 

At all Association functions, staff will be available until the function is completed.  This applies to all meetings, meal functions, etc., sponsored by the Association.  Staff is to do his/her part to assist in seeing that these functions are conducted as planned and scheduled.

 

Contracts binding upon the Association may only be signed by the President upon approval of the Board of Directors.

 

It is the responsibility of the staff to help strengthen the Association, maintain confidences and to help hold secure all properties of the Association.  Therefore, a yearly review with current President and President-Elect will be held to review past year, set goals for upcoming year, and communicate ideas to create the best working environment for the REALTORS®, Board of Directors, and the Office Administrator.

 

  1. PROPERTY TOUR POLICIES AND PROCEDURES

POLICIES

  1. Properties selected for the tour will be on a first come first serve basis.
  2. The agent showing a property should be present as the tour begins and should plan to attend at least 75% of tour.
  3. Every agent with a home on the tour must be a REALTOR® member of the Tooele County Association of REALTORS®.  No exceptions.
  4. Agents must be REALTOR® members of the Tooele County Association of REALTORS® to attend the property tour.  No exceptions.
  5. No personal marketing material may be left at any listing being shown on the Property Tour unless requested by the listing agent.
  6. Door prize drawings will occur at the end of the tour.  Agents must attend 75% of the tour to place cards into drawings.  Members must be present to win a door prize drawing.
  7. If feedback is requested, it will be the showing agent’s responsibility to provide forms, pencils and any encouragement to complete the forms.
  8. Members must be present for 75% of the tour in order to receive Honor Society points.
  9. There must be one showing agent for each individual home on property tour.
  10. The listing agent should show his/her own home.
  11. If showing another agent’s home, a member may not also have his/her own listing on the Property Tour. 
  12. If circumstances allow (i.e. – cancellation, not enough homes on tour) an agent may show one (1) or more of his/her listings as long as he/she is not showing another agent’s listing.
  13. Any property shown must be real property.
  14. Sponsorship of Property Tour lunches will be offered first to the Participating Affiliates before going to outside businesses for sponsorship.

 

 

PROCEDURES (GUIDELINES)

       To be determined by the current Property Tour Director and Property Tour Chair.

 

XI. NON-MEMBER LICENSEE POLICY

When the Association becomes aware that a “Designated” REALTOR® member has a non-member agent licensed with his/her office longer than 30 days; the Association will send a letter requesting verification of Association affiliation or confirmation of non-member licensee status.  If a response is not received within ten days of the date of the letter or if the non-member licensee does not affiliate with an association within the same 10 ten period, the “Designated” REALTOR® member will have his/her account billed for non-member licensee fees payable within 10 days of date of the invoice.

 

 

XII. APPLICATION FEE POLICY

The application fee for new members is $250.00.  A fee will not be charged for a new brokerage.  The application fee is waived for a REALTOR® member transferring his/her membership from another association or for a REALTOR® member joining the Board as a secondary member.  If a member submits a written resignation of his/her membership signed by both the member and broker, a fee of $75.00 to be paid if the member decides to come back within the first year, $150.00 second year, $250.00 third year. If a new member does not attend orientation he/she will not be reinstated until orientation at TCAR is completed. He/she may not take orientation from another board.

 

 

XIII. LATE PAYMENT ON DUES INVOICE POLICY

Dues are due for UAR/NAR on January 1st.  A late fee of $25.00 will be assessed to a member’s account if the invoice is not paid by January 15th and membership will be terminated if not paid by January 31st.

 

TCAR Dues invoices will be due on July 1st of the billing cycle.  A late fee of $25.00 will be accessed to a member’s account if the invoice in not paid by July 15th and the member will be terminated if not paid by July 31st.  If a member’s membership is terminated dues to failure to pay their invoice on time, his/her membership will be only reinstated by paying the invoice in full along with the application fee of $250.00.

 

XIV. REFUND POLICY

REALTOR® and Affiliate membership dues are NON-refundable.

 

XV. PAYMENT PLAN POLICY

The Association’s payment plan allows a new member to pay his/her original application fee/dues invoice in two payments with a 10% finance charge.  The member has 60 days to pay the invoice in full or his/her membership is terminated.  The member would then need to rejoin with another application fee (see XII regarding member fees)

 

XVI. PUBLIC RELATIONS POLICY

All Association endorsed articles and advertisements must be proof read by the Office Administrator and approved by the Association President before publication.  Articles and advertisements must state that it was submitted by the Association and not an individual member.

 

XVII. EMAIL POLICY

The Association’s email system is to be used for official Association communication only.  The Association staff will only forward emails for REALTOR® and Affiliate members that relate to Association business or Association events.  The Association will promote Affiliate events in the eBulletin’s calendar section and on the website.  The Association will only forward flyers for Affiliate events as an attachment to the eBulletin.

 

XVIII. BOARD ATTENDANCE POLICY

Unless otherwise specified, only REALTOR® and Affiliate members may attend Association events or committee meetings.  The Association President will contact any member who is breaking this rule to inform him/her of the member only policy.

 

XIX. LEADERSHIPUAR REIMBURSEMENT POLICY

On annual basis, the Association will reimburse up to 50% of the LeadershipUAR fee for two (2) REALTOR® members upon graduation of the program.

 

XX. RPAC WALL OF FAME POLICY

Member pictures will be hung on the RPAC Wall of Fame for contributions of $500.00 or more beginning with the 2008 calendar year.  The pictures will remain on the wall until such time as the wall is completely full then those with contribution dates not in the current year will be taken down to make room for more recent qualified contributors.

 

XXI. EDUCATION POLICY

The Association will sponsor at least one (1) education class per quarter.  The Association will sponsor at least one (1) NAR approved Code of Ethics class per year.   A $25.00 charge to non-association members to attend education classes.

 

XXII. NEW MEMBER ORIENTATION POLICY

New Member Orientations will be held once a quarter.  A scheduled New Member Orientation will be cancelled if there are less than five (5) attendees.  Orientation will not be cancelled more than two (2) consecutive quarters in a row.

 

XXIII. EMPLOYEE EVALUATION POLICY

Employee evaluations are to be performed in July by the President and President-Elect.

 

XXIV. RSVP-NO SHOW POLICY

Association members who RSVP for an Association event and do not show will be charged a $10.00 No Show Fee.

 

XXV. TRAVEL POLICY

Staff will be reimbursed mileage allowance at the IRS rate per mile for travel to any meetings, educational classes, conventions, or business purpose.  Staff will receive $30.00 a day per Diem for meals for any business trip that involves overnight stays.  Any business trip out of a 60 mile range will be approved by Association, and if accepted, airfare (if applicable), hotel, taxi, and meal allowance will be granted.  Association Office will be closed and paid workdays will be granted as well.  Any Association Officer who is conducting out-of-town Association business will be paid $30.00 a day per Diem to cover meal expense.

 

XXVI. LEADERSHIP CONVENTION REIMBURSEMENT POLICY

President and President-Elect will receive reimbursement of a portion of their expenses to UAR Conventions or other UAR leadership events in the amount of $500.00 per year.  Receipts are required for reimbursement.

 

XXVII. ACCOUNTING POLICY

There shall be strict accounting of each and every expenditure and income item without exception.  All checks written require two signatures.  The President, President-Elect, Immediate Past-President, Secretary/Treasurer and the Office Administrator shall be signatories on the account.  All incoming funds shall be deposited in the account within five (5) days.  Excess funds of the Association shall be invested as determined by the Board of Directors.

 

There shall be a quarterly review of the Association’s financials by the Secretary/Treasurer and an appointed committee.  The Secretary/Treasurer will present a quarterly financial report at the General Membership meetings.

 

The Association will have a cash reserve of 6-months to 12-months operating expenses.

 

There shall be an annual review of the Association’s finances by the Association’s accounting consultant.  There shall be an audit performed by an outside CPA appointed by the Board of Directors once every three (3) years.

 

XXVIII. SERVICE FEES AND CHARGES

If Association dues, fees, fines, assessments or other amounts billed to Association members are not paid within 15 days after the due date; a late fee of $25.00 will be assessed.  When an invoice is past due for payment by 30 days, membership of the nonpaying member shall be automatically terminated and all services cease.  Members will receive one statement reminder before the $25.00 late fee is assessed.  Agent and agent’s broker will receive one statement reminder before termination of membership.  All Designated Brokers Dues Invoices that are not paid within 15 days, will be assessed a late fee of $100.00.  Nonpayment of invoices and/or late fees is considered to be in violation of Association policy and Article X, Section 4 of the Board Bylaws comes into affect immediately.

 

XXIX. BAD CHECK POLICY

The Association will re-deposit returned checks that are stamped “insufficient funds”.

 

1.  Provide verbal notice by telephone or in person to the maker that the check was dishonored, if possible.  Keep    cocontemporary notes of the times, manner and by whom made.

 

2.  Billing of a service charge in the amount of $25.00 will be sent to the maker of the bad check.

 

  1. After seven days from the date of the billing, the matter may be pursued in court and the law allows service charges, interest, court costs and attorney fees to be added to the amount of the check.

 

 

XX. FEES FOR SERVICES

 

MEMBERS                              NONMEMBERS

Photocopies                                         10 cents/page                           15 cents/page

Computer Print-outs                             15 cents/page                           Not for Non-Member Use

Fax Fees          in State: $1/page                      In State: $2.50 1st page

$1/add’l pages

Out of State: $1.50/1st pg        Out of State: $3.00 1st page

$1/add’l pages                         $1/add’l pages

 

 

 

 

 

 

 

XXXI. RETENTION POLICY OF ASSOCIATION RECORDS

 

Type of Record                                               Recommended Period

 

HISTORICAL REQUIREMENTS                    Permanently

Board of Directors Minutes

General Membership Minutes

Basic corporate records such

  As past Bylaws, Rules & Regs,

 Articles of Incorporation, etc.

 

GOVERNMENT REQUIREMENTS   

Billing and/or cash receipts                  3 years

Capital equipment                                Life of item

Employee records                                3 years

Individual pay records

Payroll register                         Perpetual

Federal & State

Regulations

Tax returns                              Perpetual

 

ADMINISTRATIVE REQUIREMENTS

General Ledger (year end)                   Permanently

Accounts Receivable & credit             3 years

  (Apart from cash receipts)

Correspondence                                               3 years

Financial Statements (monthly)                        3 years

Canceled Checks                                 5 years

Personnel records (after termination)   3 years

Folders                                                 3 years

REALTOR Membership records          3 years (upon termination)                              

                                               

PROFESSIONAL STANDARDS

Grievance                                            1 year

Possible Complaints                             1 year

Professional Standards Files                4 years (per Utah Code Annotated 78-12-25)

 

ASSOCIATION COMMITTEES                      2 years

Committee Minutes

 

ELECTION BALLOTS

  • Election Ballots                                                7 days after election, if no protest has been

                                                            Received within 24 hours of Election