Agreement to Serve

Delaware Association of REALTORS®

Workgroups

Code of Conduct & Agreement to Serve

Definition of Workgroups

Workgroups of the Delaware Association of REALTORS® (DAR) include committees, task forces, subcommittees, etc., and are one of the key channels by which member voices are heard and incorporated into plans and actions. These vital volunteer groups enhance DAR’s ability to implement its mission — to serve as the trusted voice for real estate, advocate for private property rights, and unite members in efforts to enhance the professionalism and relevance of REALTORS® across Delaware.

Code of Conduct for Workgroup Members (Volunteers instead of Members, for clarity)

The Board of Directors has adopted the following Code of Conduct for all DAR workgroup volunteers, who are expected to adhere to the standards of loyalty, good faith, and the avoidance of conflict of interest as stated.

Anyone who has concerns regarding compliance with the Code of Conduct should raise those concerns with the Executive Committee, who will determine what action shall be taken to deal with the concern. In the unlikely event that a waiver of elements in these policies for a volunteer would be in the best interest of DAR, it must be approved by the Executive Committee. All workgroup volunteers will annually sign a confirmation that they have read and will comply with this Code.

Preamble

The Delaware Association of REALTORS® (“DAR” or the “Association”) is a not-for-profit, tax-exempt trade association formed to promote, develop, educate, and otherwise further the real estate industry. DAR’s principal membership class consists of individuals engaged in real estate brokerage, property management, and appraisal. The business and affairs of the association are managed under the direction of the DAR Board of Directors (the “Board”).

Violations of this Code may result in sanctions including removal from workgroups after following procedures in the Bylaws. The Executive Committee will make a recommendation to the Board of Directors regarding any sanctions, up to and including removal from one or more workgroups. If the Executive Committee determines that a member’s removal is necessary, the Executive Committee shall recommend such to the full Board of Directors for action according to the Bylaws. The principles and requirements that comprise the Code are designed to ensure full compliance by DAR and its officers, directors, volunteers, and employees with the fiduciary duties imposed upon such individuals by state corporate law; the federal tax code’s prohibition on private inurement and private benefit, and other requirements of federal tax exemption; common law due process requirements; federal and state antitrust and unfair competition law; state tort law; and other legal precepts and prohibitions. Members of DAR workgroups affirm their endorsement of the Code and acknowledge their commitment to uphold its principles and obligations by accepting and retaining membership on a DAR workgroup.

1. Abide by governing documents and laws. Each volunteer member will abide in all respects by the workgroup’s Code of Conduct and all other rules and regulations of the Association (including but not limited to the Association’s Articles of Incorporation, Bylaws, and Policy and Procedures Manual) and will ensure that their membership (or the membership of the entity for which they serve as officer, director, employee, or owner, as the case may be) in the Association remains in good standing at all times. Furthermore, each volunteer will at all times obey all applicable federal, state, and local laws and regulations and will provide or cause to provide full cooperation to the Association when requested to do so by those institutions are required to uphold the law.
2. Fiduciary Duties. Volunteers will conduct the business affairs of the Association in good faith and with honesty, integrity, loyalty, due diligence, and reasonable competence, while avoiding or disclosing conflicts of interest.
3. Do not disclose confidential information. Except as the Board of Directors may otherwise require or as otherwise required by law, no volunteer shall disclose any confidential information related to the affairs of the Association. Each volunteer will uphold the strict confidentiality of all meetings and other deliberations and communications of the workgroup. Matters not deemed confidential by the Board may be shared with members of the Association.
4. Do not improperly use confidential information. No volunteer will use any confidential information provided by the Association or acquired as a consequence of the volunteer’s service to the Association in any manner other than in furtherance of his or her duties.
5. Confidentiality continues. Upon conclusion of service, a retiring volunteer will continue to abide by the confidentiality rules outlined in Code 4.
6. Proper Authority and good judgment. Volunteers will exercise proper authority and good judgment in their dealings with Association staff, suppliers, sponsors, exhibitors, advertisers, and the general public and will respond to the needs of the Association’s members in a responsible, respectful and professional manner. Volunteers will perform his or her assigned duties in a professional and timely manner pursuant to the Board’s direction and oversight. Volunteers shall not represent to third parties that their authority as a volunteer member extends any further than it actually does.
7. Professional Development. Each volunteer will make his or her best efforts to regularly participate in professional development activities.
8. Lead by example. Volunteers dedicate themselves to leading by example in serving the needs of the Association and its members, and in representing the interests and ideals of the real estate industry at large.
9. President is Spokesperson. The current President is the chief spokesperson for DAR. However, all volunteers are encouraged to use social media to promote DAR’s mission, policy positions, advocacy efforts, and other association news.
10. Be careful of social media. Volunteers should be professional and ethical at all times, including when engaging in social media. It is critical that statements or the posting of photographs that could reasonably harm the Association be avoided.
11. When in doubt, do not post. If a volunteer is unsure whether a particular communication is appropriate, they should refrain from making the social media post or contact the President or CEO prior to publishing the post to discuss if it is appropriate.
12. Speak with one voice. A volunteer should avoid making statements contrary to public positions on legislative and regulatory issues held by NAR, DAR, or our local associations. This includes, but is not limited to, contrary statements about appointees, elected officials or candidates and legislative or regulatory matters. Volunteers shall not use their name or allow use of their name with their DAR affiliation on political or other materials in a manner that implies DAR support of a candidate or position when DAR or its sponsored PACs have either not taken a position or support a different position on the issue or candidate.
13. Disclaimer. When deemed reasonably necessary or useful, volunteers should include a disclaimer that views expressed are personal to the individual and do not represent the official views of DAR.
14. Do not call for boycotts. Volunteers should never call for a boycott of a product, service, or company.
15. Do not denigrate. Volunteers should refrain from the denigration of any member of the association, including affiliates.
16. Do not poach employees. Volunteers shall not persuade or attempt to persuade any employee of the Association to leave the employ of the Association or to become employed by any person or entity other than the Association.
17. Conflicts of Interest. Volunteers must act at all times in the best interests of the Association and not for personal, family, or third-party gain or financial enrichment. Volunteers shall avoid placing (and avoid the appearance of placing) their own self-interest or any third-party interest above that of the Association. While the receipt of incidental personal or third-party benefit may necessarily flow from certain Association activities, such benefit must be merely incidental to the primary benefit to the Association and its purposes. To pose a conflict, the financial interests must be material and do not include minor passive interests in investments (mutual funds, for example) or minor financial interests of less than 10% ownership or control.
18. Harassment in any form is strictly prohibited. Harassment includes inappropriate conduct, comment, display, action,or gesture based on another person’s sex, color, race, religion, national origin, age, disability, sexual orientation,gender identity, and any other legally protected characteristic. Examples of harassment include, but are not limited to:epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and the display orcirculation of written or graphic material that denigrates or shows hostility toward an individual or group based on alegally protected characteristic.
19. Disclose potential conflicts. Before speaking to an issue, or prompting others to speak on your behalf, a volunteer shalldisclose potential conflicts of interest and affiliations to the workgroup Chair. Volunteers shall not advocate for a publicpolicy position for another policy organization without first fully disclosing the relationship with that organizationwhich relates in any way to the matter being discussed before the DAR committee or the Board of Directors.
20. Abstention. After the necessary disclosure, including disclosure to the body when debating the issue involving theinterest, the volunteer may still be able to debate the issue, depending on the issue and whether the conflict issignificant enough to warrant abstention from discussion and/or voting.
21. Organizational Benefit – Local Associations: Volunteers shall vote in a manner that is in the best interests of themembers. If you are also a member of another board of directors, or serve in any other decision-making capacity withanother entity, your duties do not change as they relate to your duties to DAR. It is inappropriate for anotherorganization in which you are a volunteer or director to instruct you to vote in a manner which would violate yourduties as a DAR member. Rather than do so, you should recuse yourself from voting. Some volunteers are selected byLocal REALTOR® Associations, and it is anticipated they express the view from that area so that when the workgroupvotes, it expresses the will of RELATORS® across the state. Disclosure of the fact that you are in a leadership positionwith a Local Association is not required unless there is something specific about the interest or activity of the LocalAssociation involving the issue under discussion that does not apply to all Local Associations generally.