(b) The whistleblower policy shall include the following provisions:
(1) procedures for the reporting of violations or suspected violations
of laws or cooperative policies or bylaws, including procedures for
preserving the confidentiality of reported information;
(2) a requirement that an employee, officer or director of the
cooperative be designated to administer the whistleblower policy and to
report to the board or an authorized committee thereof;
(3) a requirement that the person who is the subject of a
whistleblower complaint not be present at or participate in board
deliberations or vote on the matter relating to such complaint, provided
that nothing in this paragraph shall prohibit the board from requesting
that the person who is subject to the complaint present information as
background or answer questions at a board meeting prior to the
commencement of deliberations or voting relating thereto; and
(4) a requirement that a copy of the policy be distributed to all
directors, officers and employees. For purposes of this subdivision,
posting the policy on the cooperative's website or at the cooperative's
offices in a conspicuous location accessible to employees are among the
methods a cooperative may use to satisfy the distribution requirement.
(c) A rural electric cooperative that has adopted and possesses a
whistleblower policy pursuant to federal, state or local laws that is
substantially consistent with the provisions of subdivision (b) of this
section shall be deemed in compliance with provisions of this section.
(d) Nothing in this section shall be interpreted to relieve any rural
electric cooperative from any additional requirements in relation to
internal compliance, retaliation, or document retention required by any
other law or rule.
Structure New York Laws
REL - Rural Electric Cooperative
Article 2 - Purpose; Organization and Management; Powers
13 - Articles of Incorporation.
19-A - Conflict of Interest Policy.
22 - Liability of Directors in Certain Cases.
23 - Action Against Directors and Officers for Misconduct.
24 - Nonexclusivity of Statutory Provisions for Indemnification of Directors and Officers.
25 - Authorization for Indemnification of Directors and Officers.
26 - Payment of Indemnification Other Than by Court Award.
27 - Indemnification of Directors and Officers by a Court.
28 - Other Provisions Affecting Indemnification of Directors and Officers.
29 - Insurance for Indemnification of Directors and Officers.