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 or circulation of written or graphic material that denigrates or shows hostility toward an individual or group based on a legally protected characteristic.


19. Disclose potential conflicts. Before speaking to an issue, or prompting others to speak on your behalf, a volunteer shall disclose 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 the interest, the volunteer may still be able to debate the issue, depending on the issue and whether the conflict is significant 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 the members. If you are also a member of another board of directors, or serve in any other decision-making capacity with another entity, your duties do not change as they relate to your duties to DAR. It is inappropriate for another organization in which you are a volunteer or director to instruct you to vote in a manner which would violate your duties as a DAR member. Rather than do so, you should recuse yourself from voting. Some volunteers are selected by Local REALTOR® Associations, and it is anticipated they express the view from that area so that when the workgroup votes, it expresses the will of REALTORS® across the state. Disclosure of the fact that you are in a leadership position with a Local Association is not required unless there is something specific about the interest or activity of the Local Association involving the issue under discussion that does not apply to all Local Associations generally.

Please only fill this form out ONCE a year (even if serving on multiple workgroups).

Member Harassment Policy

DAR Commitment:
DAR is committed to providing a productive and welcoming environment that is free from discrimination and harassment. Members are expected to act with courtesy and mutual respect toward each other, DAR staff, service providers, speakers, and event participants.

Harassment:
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 or circulation of written or graphic material that denigrates or shows hostility toward an individual or group based on a legally protected characteristic.

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

Sexual harassment can be:

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


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


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

How to Report Incidents of Harassment or Inappropriate Behavior:
Any member who believes they experienced or witnessed harassment or other inappropriate behavior at a DAR event or function in violation of this Policy should promptly report the incident to one of the following individuals: the DAR’s HR Counsel, the DAR Chief Executive Officer, or the DAR President.

Investigation and Discipline
Upon receipt of a member’s report of possible harassment or inappropriate behavior in violation of this Policy (staff reports of harassment are covered in the DAR Employee Handbook), DAR will promptly conduct an investigation at the direction of DAR’s HR Counsel. During the investigation, DAR will involve only those deemed necessary to the investigation, and disclosures will only be made on an as-needed basis. If it is determined that the investigation substantiates that a violation of this Policy has occurred, the DAR Executive Committee , in consultation with DAR’s HR Counsel, will determine any disciplinary action. If one or more of the foregoing officers are named in the complaint of harassment or inappropriate behavior, the Executive Committee, after reviewing the complaint and initial information available, may decide that individual will not serve in their capacity while the complaint is being reviewed. DAR reserves the right to take any necessary and appropriate action against a member who engages in any form of harassment or inappropriate behavior in violation of this Policy. Such actions may include, but are not limited to, prohibition from attendance at future DAR meetings or events, removal from a committee appointment, expulsion from membership or any other action deemed appropriate by DAR.

Workgroup Service policy

DAR workgroups generally follow Robert’s Rules of Order for conduct during meetings unless otherwise stated in the DAR Bylaws or other approved policies/guidelines.

Members of DAR workgroups will:

• Consider themselves a “trustee” of the organization and do their best to ensure that it is well maintained, financially stable, constantly growing, and operating in the best interest of all our members


• Come to all meetings on time, dressed professionally, prepared and having read in advance meeting materials, participate in discussions, act in good faith, offer constructive input, conduct due diligence and exercise sound judgment


• Keep the discussion centered on the matter at hand; Keep the discussion moving toward the objective. Express their own point of view clearly and concisely; When speaking on a motion, indicate whether they support or oppose the motion in their remarks


• Be willing to accept the decisions of the majority


• Help to avoid obstacles and conflicts within the group. Keep issues on an impersonal basis


• Make themselves available to members and staff and serve as a positive and productive ambassador of the Association


• Recognize that their job is to ensure that the organization is well-managed, not to manage the organization


• Declare conflicts of interest between their personal/professional life and their position at DAR


• Represent all of those whom the organization serves, not just a particular specialty group or company


• Keep well informed on relevant issues and developments that may face the organization


• Ask questions about anything they are not certain of—from goals to financial reports or other organization activities


• Continuously work to identify and positively address the needs of all DAR members


• Listen and show respect to their fellow workgroup members and support the majority decisions of the workgroup


• Support the functions and activities of DAR and NAR


• Abide by the DAR Code of Conduct and Harassment Policy, the REALTOR® Code of Ethics, and by all other policies to remain a member in good standing

Members of DAR workgroups will not:

• Use the organization or their position on the board for their personal gain or that of their company, relatives, or associates


• Discuss the confidential proceedings of the workgroup outside the meeting room


• Engage in hallway discussions or “lobby” the workgroup or board members because they don’t agree with a decision of the majority


• “Rubber stamp” or otherwise vote without careful consideration of each issue at hand


• Criticize fellow members or their opinions, in or out of the meeting room


• Promise how they will vote on any issue in advance of a meeting without giving consideration to the group’s discussion

Virtual Meetings

To be mindful of member’s time and resources, DAR meetings may be held virtually. Zoom will be the primary online platform used. In addition to the Workgroup Service policy above, members attending meetings virtually will also:

• Test their microphone and video ahead of meeting time to see if both are working correctly. Logging in early allows for troubleshooting any technical issues and saves time. Workgroup members should contact staff in advance if they will be late or have other technical issues


• Follow the Chair’s instructions on how to be recognized to speak and address the workgroup, or ask questions


• Know how to mute and unmute. Generally, stay muted as this helps reduce interruptions, distractions, and background noise


• Avoid multitasking during meetings, typing or causing other distractions


• Listen and be attentive and engaged


• Keep their cameras on during meetings to ensure identity and maintain confidentiality


• Don’t leave the room (don’t take your phone to the bathroom)


• Have a professional background