FCSI - NORTH AMERICAN DIVISION CODE OF ETHICS ...



FCSI-the AMERICAS CODE OF ETHICS & PROFESSIONAL CONDUCT

Foundation

Foodservice Consultants International (FSCI) seeks to ensure that its Consultants (Professional, Senior Associate and Associate) members meet the highest levels of professional conduct and ethical standards related to the foodservice consultancy industry. As such FCSI has developed a general code of conduct that applies to all Divisions of the worldwide organization.

In order to provide FCSI the Americas members a code that meets the specific needs of our division, the FCSI the Americas Board of Trustees has developed the following FSCI the Americas of Ethics and Professional Conduct. This code has been developed using the framework of the general worldwide code and has been expanded to address the unique business climate of our region. It will also provide meaningful guidance to FCSI the Americas members and help ensure that they remain independent and objective at all times.

This Code of Ethics and Professional Conduct is intended to increase the confidence and wellbeing of all of those engaging in the services of, or relying on a consultant member of FSCI.

Introduction

As a membership requirement, FCSI members pledge to diligently apply their knowledge and experience at all times in an objective, ethical and professional manner on behalf of their clients. FCSI members recognize that the Code of Ethics and Professional Conduct is largely self-policing. Its strength and ultimate success lies with the FSCI members who maintain their personal reputations and uphold the industry-wide perception of FCSI as being the professional foodservice consultant organization. To assist in meeting these objectives a Code of Ethics and Professional Conduct document has been developed.

Consultants and mangers face ethical challenges and social responsibilities as they balance their professional work for their clients, profession, public and colleagues. This CODE was developed to assist the FCSI the Americas members in decision making that will ensure the confidence and well being of all of those engaging the services of, or relying on a consultant member of FSCI. To better understand the word ethics it is defined “as the principles of conduct governing an individual or business, or the views, attitudes, and practice about what is right or wrong; it concerns moral standards and basic values” (1). A code of “ethics “is a formal document that states an organization’s values and the ethical rules it expects its member’s to follow. (2). Foodservice Consultant Society International (FCSI) seeks to ensure that all of its members meet the highest level of professional ethics and social responsibility to the foodservice consultancy industry.

This Code meets the specific needs of the FCSI the Americas consultants. It was developed to give meaningful guidance to FCSI the Americas members to help ensure that these members remain independent and objective at all times. This document lists the guiding principles of members for the:

Client

Profession

Public

Colleagues

Members are expected to follow these guiding principles.

For the purpose of this Code of Ethics and Professional Conduct document, “Client” refers to persons or companies that directly retain a member for a consulting assignment and/or the ultimate client in cases where the foodservice consultants are a member of a consulting team headed by another consulting or architectural firm.

CONFLICT OF INTEREST STATEMENTS

Members need to avoid conflict of interest in their professional practice that may compromise their judgment, independence, objectivity and/or quality of service.

Members disclose to the client any conflicts of interest and/or any relevant personal, financial or other business interest known, to the member, which may affect or be perceived to affect the service provided to the client.

1. Management: Leading People and Organizations in the 21st Century. Gary Dessler: Prentice Hall. Upper Saddle River, NJ. 2001.

2. Fundamentals of Management 3rd Ed. DD Robbins, DA Decenzo. Prentice Hall. Upper Saddle River, NJ. 2001.

ETHICS AND SOCIAL RESPONSIBILITIES: GENERAL

Guiding Principles:

● Members have a responsibility to maintain and advance their knowledge of the foodservice and the hospitality industry and the practice of independent consultancy; contribute to the growth and prosperity of the foodservice consulting community; maintain and acknowledge the impact their professional activities can have on the greater public and exercise learned and uncompromising professional judgment.

● Members demonstrate a consistent pattern of competence, and shall apply the technical knowledge and skills consistent with the best practices of the foodservice consulting industry.

● Members will seek to raise the standards of foodservice consulting excellence, education, research, training, and practice.

● Members only accept assignments for tasks which they have the knowledge and skill to perform.

● Members follow all applicable principles, codes, regulations and laws against discrimination in their professional and social responsibilities on the basis of race, religion, gender, national origin, age, disability or sexual orientation.

● Members are candid and truthful in their professional communications and keep their clients regularly informed about the clients’ project.

● Members ensure that advice and recommendations they present are based upon the needs of the client and on the member’s analysis and experience in the industry. All recommendations shall be realistic, practical and presented to the client in a clear manner.

● Members safeguard the trust placed in them by their clients.

ETHICS AND SOCIAL RESPONSIBILITIES: DEALING WITH CLIENTS

• The interest of the client shall be paramount in all aspects of the specific work and general conduct of members at all times.

● Members serve their clients competently undertaking only assignments that can be performed to specification and finished in a timely manner.

● Members exercise unprejudiced and unbiased judgment when performing all professional activities.

Guiding Principles:

Principle 1.1 Members only accept work that they are fully qualified to perform by education, training or experience; or by association with a qualified professional and/or sub-contracted consultants.

Principle 1.2 Members clearly communicate with their clients the fees and deliverables for each engagement.

Principle 1.3 Members establish with the client, in advance and in writing, a scope, time frame and fee arrangement of any work being conducted on the client’s behalf.

Principle 1.4 Members secure the consent of the client if the scope or objectives of the project are to be materially altered.

Principle 1.5 Members provide professional guidance based on the needs of the client and not based on any financial association or relationship with a manufacturer’s representative, equipment dealer, foodservice operator, owner, developer or other party outside the client’s organization.

Principle 1.6 Members are not permitted to be employed, have financial interest or have ownership in equipment dealerships, be manufacturer’s representative, a manufacturer or distributors of food or foodservice equipment, a foodservice or hospitality organization other than proscribed in Principle 1.7 below.

Principle 1.7 Members can have ownership in a retail hospitality industry facility (restaurant, hotel, resort, etc.) as long as the member has formally acknowledged the conflict in writing to the client prior to an agreement with the client. The member must prominently disclose its ownership on any promotional materials including the owner’s web site.

Principle 1.8 Members disclose to clients (or prospective clients) any personal, professional or other business interests that may jeopardize the client’s confidence in their integrity or objectivity or their capacity to provide independence.

Principle 1.9 Members in good standing moves from being an independent consultant or from being employed by an independent consulting firm to ownership in one of the organizations/facilities above, their membership will be reclassified. They will no longer be able to maintain the consultant membership status.

Principle 1.10 Members can own stock in one or more businesses that either do, or have a relationship to the client. If the ownership interest provides financial enrichment and/or if the consultant is acting in an ownership, management or Board of Directors capacity, and this relationship has the possibility of influencing the client/consultant relationship it would require full disclosure to the client.

Principle 1.11 Members receive no direct or indirect compensation of substantive value from the supply of equipment, material, facilities management services or similar supply purchases by the client or indirectly through refunds or deductions from supply of equipment, materials, facility management services or similar purchases by the client.

Principle 1.12 Members provide, as part of their fee, equipment price negotiation with equipment dealers for the client and the client pays for the equipment.  The member does not purchase the equipment or accept any manufacturer or distributor or dealer fees from the sale of the equipment.

Principle 1.13 Members employed by a public entity to provide design and purchasing for their facility(ies) does not receive any financial gains from the purchase of the equipment. Public entity purchasing can not be sole source equipment.

Principle 1.14 Members involved in a design and build project, may provide a fee based proposal to a dealer, be contracted to the dealer for only that specific project.  The member only receives payment against the member's contracted fee.  Member will specify the equipment, but the dealer supplies and the client pays for it.  The member does not purchase the equipment or accept any manufacturer or distributor or dealer fees from the sale of the equipment.

Principle 1.15 Members avoid being influenced by other interests when providing advice and services to their clients. Payment from suppliers, manufacturer, manufacturer’s representative, vendors, developers or any other outside parties are not permitted.

Principle 1.15 Members need to avoid accepting assignments with their clients’ competitors or with other organizations with interest that competes with their clients; without the permission of all organizations involved.

Principle 1.16 Members may participate in educational events and seminars sponsored in part or in full by equipment manufacturers, manufacturer’s representatives and/or operators provided that the primary purposes of these events remain educational in nature, while also promoting greater synergy within the industry, and where there is no expectation such participation is to be repaid by the consultant in the form of equipment specifications or promotion of said sponsoring companies.

While entertaining and travel expenses being paid on behalf of consultants by reps, manufacturers or operators, for the purpose of introduction, education or communication is not forbidden, a member must remain independent in their assignments at all times and must not be unduly influenced by these activities. For example: a member is permitted to make a trip to a factory for a tour or an FCSI accredited educational provider program, and to have NORMAL expenses paid by the host, as long as this trip has not been accepted as a payment for past or future specifications or recommendations, and as long as the member can remain independent and objective in their future activities. 

Principle 1.17 Members have a responsibility to remain independent in their assignments and not be unduly influenced by these activities.

Principle 1.18 Members may participate in social gatherings provided that such opportunities are organized with the intent of promoting synergy and a greater sense of community within the industry, for the betterment of the ultimate client, the profession and the industry.

Lunches, dinners and other social events can be viewed in a variety of ways.  If they promote the valuable sense of community within our part of the industry and help the participants get to know each other better, whereby the ultimate client is better served, then these activities are acceptable.  But, if there is too great a frequency, or the price tag is excessive (potentially implying the expectation for a return favor), then these activities are no longer considered an opportunity for introduction, education or communication. At that point they are no longer permissible under this principle.

Principle 1.19 Members avoid intentionally or recklessly, misleading existing or prospective clients about results that can be achieved through the use of the Members’ services, nor shall the Members state they can achieve results by means that violate applicable law or this Code.

Principle 1.20 Members are encouraged to participate in full and open exchange of information necessary for successful professional relations.

Principle 1.21 Members need to recognize and respect the sensitive nature of confidential client information.

ETHIC AND SOCIAL RESPONSIBILITIES; DEALING WITH THE PROFESSION

● Members uphold the integrity and dignity of the foodservice consulting profession by enhancing the standing and public image of the profession and the association within the members’ community.

● Members make available and urge their representatives and employees to conform to this CODE.

• Members, when promoting their work, firm or themselves provide only factual and relevant information, neither misleading nor unfair to others.

● Members give credit where credit is due to colleagues and other participants in a consulting assignment.

● Members pursue their professional activities with honesty and fairness.

● Members operate their business and practice in such manner to reflect accepted professional conduct.

● Members maintain in a good standing, guarding their reputation and character at all times.

Guiding Principles:

Principle 2.0 Members sign only drawings, specifications, reports, or other professional work for which they have direct and responsible control.

Principle 2.1 Members when speaking in their professional capacity avoid making false statements of material facts.

This principle applies to statements in all professional contexts, including applications for FCSI membership.

Principle 2.2 Members are honest when making statements or claims about their professional qualifications, experience, or performance and accurately state the scope and nature of their responsibilities in connection with work for which they are claiming credit.

Principle 2.3 Members are to provide FCSI with accurate and complete information at all times.

Principle 2.4 Members shall not use or permit to be used the Society’s name, initial or seal inappropriately nor in any manner other than those set out in the ‘Usage of Society Logo and Initials’ document or with the express written permission of the World Wide Board of Directors.

ETHICAL AND SOCIAL RESPONSIBILITIES: DEALING WITH THE PUBLIC

The interest of the public shall be served and respected in all aspects of the specific work and general conduct of the members at all times.

● Members actively promote the general public’s understanding of the profession of foodservice consulting as well as the role and responsibilities of FCSI consultants.

● Members embrace the spirit and letter of the law governing professional affairs and promote and service the public’s interest in their personal and professional activities.

● Members render public service, as applicable.

● Members encourage their employees to render such services. Members must conduct themselves in a respectful manner at all times in public, when representing the membership or profession.

● Members conduct themselves in a respectful manner at all times in public when representing the membership or profession.

Guiding Principles:

Principle 3.0 Members do not knowingly violate principles, regulations or laws.

The violation of any law, local, state/provincial or federal, occurring in the conduct of a Member's professional practice, is made the basis for discipline by this principle. This includes national/ international Copyright Acts, which prohibits copying designs, reports or publications without the permission of the copyright owner: Allegations of violations of this principle must be based on an independent finding of a violation of the law by a court of competent jurisdiction or an administrative or regulatory body.

Principle 3.1 Members are not to engage in conduct involving fraud or wanton disregard of the rights of others.

Principle 3.2 Members are not to counsel or assist a client in conduct that the member knows, or reasonably should know, is fraudulent or illegal.

Principle 3.3 Members making public statements relative to the foodservice industry and the business of foodservice consulting will disclose when they are being compensated for making such statements or when they have an economic interest in the issue.

Principle 3.4 Members will secure written permission from their clients before making statements on behalf of their clients.

ETHICAL AND SOCIAL RESPONSIBILITES: DEALING WITH COLLEAGUES

• Members respect the rights and acknowledge the professional aspirations and contributions of their colleagues.

● Members provide their associates and employees with a suitable working environment, compensate them fairly, and facilitate their professional growth.

● Members recognize and fulfill their obligations to nurture fellow professionals including education, initial training, internships and continuing throughout their career.

● Members build professional reputations on the merits of their own service and performance.

● Members recognize and give credit to other for professional work they have performed.

● Members recognize and respect the professional contributions of their employer, employees, professional colleagues, and business associations.

● Members respect the professional obligations of other members as set out in this CODE.

Guiding Principles:

Principle 4.0 Members, when referring a third party, shall not make any commitments on behalf of the third party nor misrepresent the third party’s qualifications.

Principle 4.1 Members leaving a firm will not take designs, drawings, data, reports, notes, or other materials relating to the firm’s work, whether or not performed by the Member, without written permission to do so from their employer or partner.

Principle 4.2 Members shall not unreasonably withhold permission from a departing employee or partner to take copies of designs, drawings, data, reports, notes, or other materials, relating to work performed by the employee or partner, that are not confidential.

Principle 4.3 Members may charge a reasonable fee for payment of copying cost, when a member who is leaving the company wants copies of their work.

Rules of Application, Enforcement, and Amendment

Application

The Code of Ethics and Professional Conduct applies to the professional activities of all consultant members of the FCSI the Americas.

Enforcement

The Bylaws of the Society state procedures for the enforcement of the Code of Ethics and Professional Conduct. Such procedures provide that:

1) Enforcement of the Code is administered through an Ethics Committee, appointed by the FCSI the Americas Board of Trustees that has been granted authority to deal with Ethical issues by the FCSI the Americas Board of Trustees.

2) Formal charges are filed directly with the Ethics Committee by members, components, or anyone directly aggrieved by the conduct of the members.

3) Penalties that may be imposed by the Ethics Committee are:

(a) Admonition

(b) Censure

(c) Suspension of membership for a period of time

(d) Termination of membership

4) Appeal procedures are available.

Amendment

The FCSI the Americas Code of Ethics and Professional Conduct may be amended by the convention of the Society under the same procedures as are necessary to amend the Division’s Policy document. The Code may also be amended by the WW Board of Directors upon a two-thirds vote of the entire Board.

Sunset Clause

This Code will sunset in three years or at the request of the membership after the Code has been in effect for one year and one month from the Board of Trustees/membership approval date. This Code will be reviewed annually by the Board of Trustees-the Americas and changes may be made at this time by a two-thirds vote of the Trustees. 

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