Article XVIII - Governing Documents or Policies Dispute Procedure

Article XVIII - Governing Documents or Policies Dispute Procedure

GOVERNING DOCUMENTS OR POLICIES DISPUTE PROCEDURE

Section 1.      Informal Resolution.

Members and member-leaders are human beings capable of making mistakes.  Complainants seeking redress under this section are encouraged to contact the member or member-leader who may be in violation of MAPE governing documents or policies to notify them of their concern and provide an opportunity to stop the violation going forward prior to initiating the formal procedure outlined in subsequent sections. 


Section 2.        Policy Hearing Committee.

A. Purpose.

The purpose of the Policy Hearing Committee is to consider and respond to complaints filed under this Article. All complaints for one or more violations as provided in Section 2 of this Article are the sole jurisdiction of the Policy Hearing Committee. All timelines stated herein this Article may be adjusted upon mutual agreement of the complainant, respondent, and Policy Hearing Committee Chair. Any complaint not covered by Section 2 of this Article shall be subject to the Judicial Procedure pursuant to Article XIII. 

B. Selection of the Chair.

After a complaint is properly filed pursuant to Section 2 of this Article, the Statewide President will notify the Constitutional Rules Committee. One member of the Constitutional Rules Committee, selected by a majority vote of the Committee, will become the Chair of the Policy Hearing Committee. The Chair shall serve as the hearing officer, who shall conduct the hearing. The Chair shall serve as a consultant on MAPE’s Governing Documents or Policies, and shall not be a voting member of the Committee. 

C. Policy Hearing Committee Selection.

The Chair of Policy Hearing Committee will appoint 5 additional members to the Committee, selecting among Local Presidents, on a rotating basis. The Chair of Policy Hearing Committee will make every effort to ensure the Committee is representative of the make-up of the Union.  Within 14 days of receipt of the complaint, the Policy Hearing Committee Chair shall send a list of the names of the members of the Policy Hearing Committee to the complainant and the respondent. Within 7 days thereafter, each party shall have the opportunity to delete one name from the list of Policy Hearing Committee members, except for the Chair, by written notification to the Chair. If a Policy Hearing Committee member is unable to participate in the hearing(s) due to extenuating circumstances, the Chair shall appoint a replacement member, selected among the Local Presidents, excluding any members previously deleted by the complainant or respondent. 

D. Terms of Office.

Terms of the Policy Hearing Committee will expire following the rendering of the Committee’s decision or the Board of Directors’ appeal decision, whichever is later.

E.  Documentation of Decisions.

Decisions of the Policy Hearing Committee shall be in writing, and shall include at least the following separate items:

  1. A statement of complaint;
  2. A summary of the evidence in support of the complaint;
  3. A summary of the evidence in refutation of the complaint;
  4. A finding of facts;
  5. A conclusion of proceedings;
  6. The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.

F. Communication of Decisions.

Within 10 days of the final hearing, a copy of the decision of the Policy Hearing Committee shall be transmitted to the complainant, the complainant counsel of record, the respondent, the respondent’s counsel of record, and each member of the Policy Hearing Committee. 

G. Notice.

A written communication or required notice to the Policy Hearing Committee or any member thereof shall be sent to the Policy Hearing Committee Chair at the MAPE Central office.

H. Reporting.

Each Policy Hearing Committee shall submit a written summary of its actions to the next regular Delegate Assembly.  All Delegates shall receive a copy of the report. Such a summary shall include a listing of all cases referred to it, a description of the major issues involved, and the judgments of the Committee. The Committee report shall call attention to pertinent omissions or ambiguities in governing documents and policies and may offer recommendations. The report shall not include the names of any parties involved in complaints of discrimination and/or harassment. 

I. Staff Assistance.

The Policy Hearing Committee shall be provided with staff assistance and facilities as are necessary and appropriate to the proper functioning of the Policy Hearing Committee in accordance with policies established by the MAPE Board of Directors. 


Section 3.      Filing Complaint.

Except as hereinafter provided in this Article, any member of MAPE may file a complaint against any MAPE member or individual who was a MAPE member at the time of the alleged violation(s) for one or more violations as provided in Section 2 of this Article. All complaints for one or more violations as provided in Section 2A of this Article shall be addressed solely by the procedure described herein. No penalties for any violation as provided in Section 2A of this Article shall be imposed on members, or individuals who were members at the time of the alleged violation, without a finding of guilt by the Policy Hearing Committee, or upon appeal, the Board of Directors. 

A.      Basis for Complaint.

The basis for filing a complaint under this Article shall be a violation of any provision of MAPE’s Governing Documents or Policies or of any officially adopted and approved Governing Documents or Policies of a Local to which the member being accused is subject. No other violations shall constitute the basis for the filing of a complaint under this Article. 

B.      Format of Complaint.

Complaints shall be in writing and shall be signed by the member or members bringing the complaint. The complaint shall be specific, citing in detail the nature, the date, and the circumstances of the alleged offense, along with the specific act or failure to act, which constitutes the alleged violation. The complaint shall be filed with the Statewide President, or if the Statewide President is the respondent, the Statewide Vice President. 

C.      Notification of Complaint.

Within 14 days following the receipt of the complaint, the Chair of the Policy Hearing Committee shall send by electronic mail, return receipt requested, an exact and full copy of the complaint to the respondent, together with a copy of this Article of the bylaws. 


Section 4.      Recording Hearing Proceedings.

The Policy Hearing Committee shall fix the date, time, and place for the hearing, in such manner as to afford the maximum convenience practical under all circumstances to both the respondent and the complainant. The entire proceedings will be recorded. A digital copy of the recorded proceedings will be available to the respondent or the complainant, without cost, upon request. 


Section 5.      Rights of the Respondent.

The respondent shall be guaranteed the following rights:

  1. The right to receive by electronic mail to the respondent’s current address of record with MAPE, return receipt requested, a full copy of the complaint within 14 days after they are filed;
  2. The right to a hearing within 30 days after having been notified under provisions in Section 2C of this Article;
  3. The right to have at least 5 days advance notice of the date, time, and place of the hearing;
  4. The right to question the complainant and any witnesses;
  5. The right to present witnesses on the respondent’s behalf;
  6. The right to compel the production of union records pertinent to the case;
  7. The right to choose a person to act as the respondent’s counsel in the case;
  8. The right to be presumed innocent unless proven guilty;
  9. The right to refuse to testify, provided, however, that this right shall not include the right to refuse to produce at the hearing any papers, books, or financial or other records which are the property of the union and which are pertinent to the case;
  10. The right to appeal, in the manner hereinafter provided;
  11. The right to choose either an open or closed hearing, except in complaints of discrimination and/or harassment. All complaints of discrimination and/or harassment shall have a closed hearing.


Section 6.      Rights of the Complainant.

Complainant shall be guaranteed the following rights:

  1. The right to have the initial hearing no later than 45 calendar days after the complaint was filed;
  2. The right to have at least 5 days advance notice of the date, time, and place of the hearing;
  3. The right to give personal testimony;
  4. The right to present witnesses testimony pertinent to the alleged violation(s) ;
  5. The right to question witnesses presented by the respondent;
  6. The right to compel the production of union records pertinent to the cases;
  7. The right to choose a person to act as the complainant’s counsel in the case;
  8. The right to appeal in the manner hereinafter provided.


Section 7.      Obligations of the Complainant.

The complainant shall be under the following obligations:

  1. To file the original complaint in sufficient detail as to afford the respondent full opportunity to prepare a defense;
  2. To appear in person at the hearing;
  3. To assume the burden of proof.


Section 8.    Penalties.

The Policy Hearing Committee may, if it finds the respondent guilty, assess penalties. Any and all penalties shall be appropriate and proportional to the nature of the violation. Assessed penalties shall be limited to those dictated by the provision of MAPE’s Governing Documents or Policies that was violated. Where the provision of MAPE’s Governing Documents or Policies does not dictate penalties, the penalties may be any one or more of the following:

  1. A formal reprimand, accompanied by a formal warning against any repetition of the act or acts of which the respondent is found guilty, a copy of which shall remain on file at the MAPE Central office for one year following the date of Committee’s decision. The formal reprimand shall be available to any member in good standing upon request to the Statewide President or Executive Director;
  2. Full or partial restitution, where the consequences of the offense can be measured in material terms;
  3. Removal from positions in the union at the level at which the complaint originated;
  4. Suspension from the right to hold any elected or appointed position at the level at which the complaint originated for a period not to exceed two years;
  5. Suspension from the right to seek or hold any elected or appointed position at any level of MAPE for a period not to exceed two years;

MAPE or any Local or Region may not, during the period of such penalty, employ any individual who has been removed or suspended from office as provided above, in any capacity.


Section 9.    Decisions of the Policy Hearing Committee.

All decisions of the Policy Hearing Committee must meet the standard of preponderance of evidence. A finding of guilt can only occur by an affirmative vote of a majority of the Policy Hearing Committee. The Policy Hearing Committee must render all decisions within 10 days following completion of the hearing, except by mutual consent of the respondent and the complainant. Such decisions shall be in writing and shall be transmitted by electronic mail, return receipt requested, to the complainant and to the respondent simultaneously. 


Section 10.    Appeal Procedure.

Either party may, within 14 days following receipt of the decision, file an appeal to the MAPE Board of Directors in the same manner as is provided for the filing of original complaint. The appeal shall be in writing, and shall be accompanied by a copy of the original complaint and of the decision being appealed. The appeal shall set forth in substance the appellant’s reasons for believing the Policy Hearing Committee was in error and the nature of the error. The complainant, respondent, and the Policy Hearing Committee shall have the right to present to the Board of Directions at the time the appeal is heard by the Board.


Appendix A.     Procedure Timeline.

Pursuant to Section 1A of Article XVIII, all timelines may be adjusted upon mutual agreement of the complainant, respondent, and Policy Hearing Committee Chair. Notwithstanding, the timeline of events are as follows:

  • Within 14 days after the receipt of the complaint, the Policy Hearing Committee Chair shall:
    • Send a copy of the complaint and this Article of the bylaws to the complainant and respondent.
    • Send a list of names of the Policy Hearing Committee members to the complainant and respondent.
  • Within 7 days after the Chair sent a list of names of the Policy Hearing Committee members, each party may delete one name from the list.
  • No later than 30 days after the respondent was notified of the complaint, and no later than 45 calendar days after the complaint was filed, the initial hearing will be held.
  • At least 5 days prior to the hearing, the complainant and respondent will be notified of the date, time, and place of the hearing.
  • Within 10 days of the final hearing the Committee will render a decision and send a copy of their decision to the complainant, respondent, and counselors of record.
  • Within 14 days following receipt of the decision, appeals may be filed with the MAPE Board of Directors.

Nothing in this Appendix shall supersede Article XVIII - Governing Documents or Policies Dispute Procedure.

 

Davia Curran Thu, 02/17/2022 - 11:14am