Whistleblower Policy


The San Francisco Museum of Modern Art (SFMOMA) is committed to providing the best possible working conditions for its employees and as part of this commitment encourages an open and honest atmosphere in which any problem, complaint, suggestion, or question receives a timely response. To this end, SFMOMA has enacted a "whistle blower" policy to protect any employee who reports what he or she believes in good faith to be an action, practice or policy that: appears questionable or suspicious in nature with respect to SFMOMA's finances or SFMOMA's obligation to comply with applicable laws and regulations or violates any state or federal law or regulation (e.g., corruption, malfeasance, bribery, theft or misuse of property, fraud, or coercion); involves an unjustified expenditure of funds; or involves gross misconduct, gross incompetence, or gross inefficiency (hereinafter collectively referred to as "Financial and Legal Matters"). This policy further ensures that there shall be no form of retaliation taken against an employee who makes such a report. In situations where conduct falls under SFMOMA's Harassment or EEO/Discrimination Policy, the steps cited in those policies should be followed.

Employee Concerns and Complaints

Each employee of SFMOMA has the individual responsibility to report complaints or concerns regarding Financial and Legal Matters promptly.

Employees of SFMOMA may direct concerns and/or complaints regarding Financial and Legal Matters to the Voicemail Box. The Voicemail Box will be an independent telephone number established by SFMOMA, under the guidance of the Audit Committee, as a mechanism for anonymous and confidential reporting of concerns and complaints regarding Financial and Legal Matters. The Voicemail Box shall be checked on a regular basis and the concerns and complaints that are reported shall be forwarded to the Chair of the Audit Committee as soon as practicable.

Whistleblower Voicemail Box

415-896-1867 or 877-659-6667

For concerns and complaints regarding conduct which falls under SFMOMA's Harassment or EEO/Discrimination Policy, the steps cited in those policies should be followed. However, employees have the option to report complaints or concerns regarding these matters to the Voicemail Box as well.

Reporting procedures, including the Voicemail Box number, will be publicized to employees in SFMOMA's Employee Orientation Manual, posted on all staff bulletin boards in common areas, and the SFMOMA website.

Protection against Retaliation

SFMOMA is committed to the policy that no one will be subject to retaliation because of a good faith report of a concern or complaint regarding Financial and Legal Matters, including any alleged violation of law or policy. This policy extends to discrimination against employees in any of the terms and conditions of their employment, including but not limited to job assignment, promotion, compensation, training, discipline and termination, because of a good faith report. Any suspected acts of retaliation must be reported immediately to the Voicemail Box or the Audit Committee Chair.

Submission of Concerns and Complaints by Interested Parties other than Employees

Submission of complaints and concerns regarding Financial and Legal Matters may be submitted by individuals not employed by SFMOMA ("Interested Parties"). Interested Parties may communicate concerns and complaints regarding Financial and Legal Matters by regular mail sent to:

Audit Committee Chair
c/o Director's Office
SFMOMA
151 Third St.
San Francisco, CA 94103

Procedures for reporting of concerns or complaints relating to Financial and Legal Matters from Interested Parties will be posted in an appropriate section on SFMOMA's website.

Treatment of Concerns and Complaints

Upon receipt of a concern or complaint relating to Financial and Legal Matters, from whatever source, the Audit Committee Chair will, to the extent practicable, acknowledge receipt of the concern or complaint to the person who submitted it. Further, the Audit Committee Chair will inform the Audit Committee of all reported concerns and complaints relating to Financial and Legal Matters as appropriate.

Investigations of Concern and Complaints

The Audit Committee Chair, with assistance from Audit Committee members if so desired, will investigate any report regarding Financial and Legal Matters and concerns relating to defalcations, thefts or fraud (1) on his or her own, (2) with any other senior management employee of SFMOMA he or she deems appropriate, (3) outside counsel, or (4) an outside party, auditor or consultant he or she deems appropriate. The Audit Committee's authority to investigate does not preclude an investigation by senior management or other appropriate persons.

Confidentiality will be maintained to the extent reasonably practicable, consistent with applicable law and policy. The need to conduct an adequate investigation may be necessary to determine resolution of the matter or corrective action.

Corrective Action

If the investigation of the concern or complaint indicates that a violation of law, regulations or policy has occurred, the Audit Committee Chair may present the findings of the investigation to senior management who will determine appropriate disciplinary measures or other corrective action. Senior management shall inform the Audit Committee Chair of its decision regarding disciplinary measures or corrective action prior to implementing such measures. The Audit Committee Chair may confer with senior management regarding the appropriateness of the disciplinary measures or corrective action proposed.

Reporting and Retention of Matters and Investigations

The Audit Committee Chair will maintain a log of all concerns and complaints that relate to Financial and Legal Matters and concerns relating to defalcations, thefts or fraud that are received. The Audit Committee Chair shall track the receipt, investigation, and resolution of all such concerns and complaints, and the Chair shall provide periodic reports thereof to the Audit Committee.

Copies of records relating to concerns and complaints received will be maintained in accordance with SFMOMA's records retention policy.