Executive Limitations Policy

[Adopted April 17, 2013; amended July 26, 2014]

Note: Asterisks denote the need for future policy, bylaws or procedure development.]

EL 1.1 Global Executive Limitations Policy. The Minister shall not cause or allow any organizational practice, activity, decision, or circumstance that is either unlawful, imprudent, or in violation of commonly accepted professional ethics and practices.

EL 1.2 Treatment of Congregants. With respect to the treatment UUCC congregants, the Minister shall not cause or allow conditions, procedures, or decisions that are disrespectful, unfair, unsafe, undignified, or unprofessional. The behavior of the Minister toward congregants shall not fail to be and to appear to be above reproach. The minister shall:

EL 1.2.1 Ensure that a complete and current set of Congregational policies is readily accessible to all members of the Congregation.

EL1.3 Treatment of Staff. With respect to the treatment of paid and volunteer staff, the Minister may not cause or allow conditions that are unfair, undignified, unproductive, oppressive, or unclear. The Minister shall:

EL 1.3.1 Operate with written personnel procedures that

(a) clarify rules and duties for staff,

(b) provide for effective handling of grievances and terminations, and

(c) protect against wrongful conditions which may include, but not be limited to, nepotism and preferential treatment for personal reasons.

EL 1.3.2 Ensure that staff receives training on written personnel procedures.

EL 1.3.3 Not discriminate, harass, or retaliate against any staff member.

EL 1.3.4 Acquaint staff with the Minister’s interpretation of their protections under this policy.

EL 1.3.5 Ensure the staff receives training to be prepared to deal with emergency situations.

EL 1.3.6 Annually evaluate job performance of staff directly or by designation.

EL 1.3.7 Ensure staff salaries and benefits are competitive with other congregations and similar-sized, local nonprofit organizations to the extent Congregational resources permit, and strive to meet UUA guidelines where they apply.

EL 1.4 Financial Planning/Budgeting. The Minister shall not cause or allow financial planning for any fiscal year or the remaining part of any fiscal year to deviate materially from the Board’s priorities, risk financial jeopardy, or fail to consider the church’s future in financial planning. There shall be no financial plans that:

EL 1.4.1 Risk incurring those situations or conditions described as unacceptable in Board policy.

EL 1.4.2 Omit credible projection of revenues and expenses, separation of capital and operational items, cash flow, and disclosure of planning assumptions.

EL 1.5 Financial Condition and Activities. With respect to the actual, ongoing financial conditions and activities, the Minister shall not cause or allow the development of financial jeopardy or material deviation of actual expenditures from Board priorities. The Minister shall not:

EL 1.5.1 Expend more funds than have been received in the fiscal year to date while allowing for customary cash flow variances.

EL 1.5.2 Incur debt or enter into contracts except for debts and contracts to be paid from funds allocated in the approved operating budget for the purpose of paying such debts and contracts.

EL 1.5.3 Use restricted emergency funds without the authorization of the Board.

EL 1.5.4 Use the endowment fund without the approval of the Congregation.

EL 1.5.5 Fail to settle payroll and debts in a timely manner.

EL 1.5.6 Allow tax payments or other government-ordered payments or filings to be overdue or inaccurately filed.

EL 1.5.7 Buy, sell, or mortgage real estate.

EL 1.5.8 Make an individual unbudgeted purchase or commitment of greater than 10% of working capital without Board authorization.

EL 1.5.9 Fail to pursue pledge payments or bank drafts after a reasonable grace period.

EL 1.5.10 Accept or use gifts of money or property except as provided in gift acceptance and disposition policies adopted by the Board.

EL 1.6 Emergency Minister Succession. To protect UUCC from sudden loss of executive services, the Minister shall ensure that at least one other person is sufficiently familiar with Board and Minister issues and processes to take over with reasonable proficiency as an interim executive. EL 1.7 Asset Protection. The Minister shall not cause or allow church assets to be unprotected, inadequately maintained, or unnecessarily risked. The Minister shall not:

EL 1.7.1 Fail to recommend to the Board adequate and prudent insurance protection against theft, casualty losses, and liability losses to Board members, volunteers, staff, and the organization itself. Final determination of adequate and prudent insurance is the responsibility of the Board, which shall review insurance coverage at least annually.*

EL 1.7.2 Risk the nonprofit status of the organization.

EL 1.7.3 Fail to develop policies and procedures regarding the safe and appropriate use of UUCC facilities, equipment, and services.

EL 1.7.4 Allow the use of UUCC facilities by individuals or groups that are implicitly or explicitly discriminatory or that use the facilities in other ways inconsistent with Unitarian Universalist principles.

EL 1.7.5 Make any purchase or enter into any grant or contract arrangement on behalf of the Congregation that fails to realize the production of Ends or that involves unacceptable means. Accordingly, the Minister or the Minister’s express designees shall not fail to:

EL Obtain Board approval for any contract for which specific funds to pay the contract are not allocated in the approved operating budget.

EL Inform the Board with sufficient prior notice of any plan or decision to solicit or terminate a grant or contract that shall have a significant impact on programs.

EL Seek bids or make cost comparisons, as appropriate, in all cases involving expenditures in excess of $2,500.

EL1.7.5.4 Administer a grant or contract in a businesslike manner that shall avoid favoritism or nepotism or the appearance thereof.

EL 1.7.6 Fail to protect confidential information and files from unauthorized disclosure, loss or significant damage.

EL 1.7.7 Receive, process, or disburse funds without sufficient controls established in accordance with generally-accepted accounting principles.

EL 1.7.8 Compromise the independence of the Board’s audit or other external monitoring or advice, such as by engaging parties already chosen by the Board as consultants or advisers.

EL1.7.9 Endanger UUCC’s public image, its credibility, or its ability to accomplish its mission and vision.

EL 1.8 Compensation and Benefits. With respect to employment, compensation, and benefits for employees, consultants, contract workers, and volunteers, the Minister shall not cause or allow jeopardy to financial integrity or public image. The Minister shall not:

EL 1.8.1 Without the Board’s authorization, change the Minister’s own compensation and benefits, except as those benefits are consistent with a package for all other employees.

EL 1.8.2 Promise or imply permanent or guaranteed employment.

EL 1.8.3 Establish current compensation and benefits that deviate materially from the geographic or professional market for the skills employed.

EL 1.8.4 Create obligations over a longer term than revenues can be safely projected, in no event longer than one year and in all events subject to losses in revenue.

EL 1.8.5 Establish or change pension benefits so as to cause unpredictable or inequitable situations, including those that (a) incur unfunded liabilities; (b) provide less than some basic level of benefits to all full-time employees; (c) allow any employee to lose benefits already accrued from any previous plan.

EL 1.9 Communication and Support to the Board. The Minister shall not cause or allow the Board to be uninformed or unsupported in its work. The Minister shall not:

EL 1.9.1 Neglect to submit monitoring data required by the Board in a timely, accurate, and understandable fashion, which directly addresses provisions of Board policies being monitored, and which includes Minister interpretations as well as relevant data.

EL 1.9.2 Allow the Board to be unaware of any actual or anticipated noncompliance with any Executive Limitations policy of the Board regardless of the Board’s monitoring schedule.

EL 1.9.3 Allow the Board to be unaware of relevant trends or fail to inform the Board of significant changes in, deletions of, or additions to Executive/Administrative policies.

EL 1.9.4 Let the Board be unaware of any significant incidental information it requires including anticipated media coverage, threatened or impending legal issues, claims or lawsuits, and material internal and external changes.

EL 1.9.5 Allow the Board to be unaware that, in the Minister’s opinion, the Board is not in compliance with its own policies on Governance Process and Board-Management Delegation, particularly in the case of Board behavior that is detrimental to the work relationship between the Board and the Minister.

EL 1.9.6 Deal with the Board in a way that favors or privileges certain Board members over others except when (a) fulfilling individual requests for information or (b) responding to officers or committees duly charged by the Board.

EL 1.9.7 Fail to submit to the Board consent agenda items delegated to the Minister yet required by law, regulation, corporate charter or bylaws, contract or other binding obligation to be Board-approved, along with applicable monitoring information.

EL 1.9.8 Fail to provide a current report of UUCC’s finances prior to each regular meeting of the Board and upon reasonable request by the Board.

EL 1.9.9 Fail to provide the Board with a statement of UUCC’s assets and liabilities as of the end of each fiscal year.

EL 1.9.10 Fail to present a current written financial report for presentation at the annual meeting of the Congregation.

EL 1.9.11 Fail to submit to the Board in a timely manner an annual budget that is consistent with Board policies on financial conditions and activities.