NOTICE OF RULE CHANGE
Under the authority of Article III, Section 15 of the By Laws, the Executive Committee has amended Corporate Rule 20 as follows:
RULE CHANGES – AS AMENDED BY EXECUTIVE COMMITTEE ON 7/19/2012
RULE 20: DISCIPLINE
20.01 TWHBEA shall discipline its members, and any non-member, exercising privileges of the Association or engaging in any of the activities encompassed thereby for violations of these Rules and/or Bylaws of TWHBEA.
20.02 This discipline shall be administered by the Executive Committee and there shall be no appeal therefrom. The Board of Directors may act to review and affirm or reverse a decision of the Executive Committee upon the motion of a Director, duly passed. However, this Board action must be taken at the next regular meeting of the Board following the Executive Committee action or it is forever barred. The respondent has no right to such review, as it lies in the sole discretion of the Board. Should the Board decide to review, it shall be de novo.
20.03 A complaint may be filed by any member of the Association (Complainant) with the Executive Secretary as follows:
A. In writing.
B. Contain a reasonably clear description of the offense and cite the Rule(s) allegedly violated.
C. Be signed by the Complainant.
D. State the full name and address of the respondent.
E. Be accompanied by an administrative filing fee of $250. Reasonable administrative and legal costs incurred by TWHBEA may be taxed to the losing party at the hearing, or against the Complainant if dismissed or withdrawn, or may be apportioned between the Complainant and Respondent. The awarding of costs shall be at the sole discretion of the Executive Committee. No expenses will be incurred in regards to any complaint without the Executive Committee’s prior approval.
20.04 If the complaint meets all the criteria set out in 20.03, the Executive Secretary shall immediately notify the Respondent that a complaint has been filed, and shall serve a copy of TWHBEA Corporate Rules and the complaint upon the Respondent and the Complainant, both by certified mail, return receipt requested, in compliance with Rule 4 of the Federal Rules of Civil Procedure, and also by regular mail. The Executive Secretary shall also forward a copy of the complaint to the Vice President, Enforcement, within 10 days of receipt. The Vice President of Enforcement shall, within 10 days of receipt, present the complaint to the Executive Committee, who shall review the complaint and make a determination, by preponderance of the evidence, to proceed to the Enforcement Committee for hearing or for dismissal of the complaint. 20.05 A date for any hearing determined to be required shall be set for a date within 90 days of the date upon which the complaint was originally filed with the Executive Secretary. The Executive Secretary will notify the Complainant and the Respondent and any other parties deemed to be necessary by the Executive Committee of the hearing date, and location, and of any special instructions. 20.06 The hearing shall allow each party to fairly and adequately present their case; time limits may be imposed. Hearing procedures will be set by the Enforcement Committee and advance notice of those procedures given in written form to the litigants. Following hearing, the Hearing Committee will give their recommendations to the Vice President, Enforcement, for prompt presentation to the Executive Committee for action. The burden of proof shall be upon the Complainant to prove the allegations set out in the Complaint.
20.07 Deliberations of the Executive and Enforcement Committees shall be private and confidential as defined and enforced by the Rules and Bylaws and are deemed work product. The decision of the Executive Committee shall be rendered in writing within 5 days of the conclusion of the hearing. The parties shall be notified by first class mail at the addresses listed in their pleadings.
20.08 If the decision is in favor of the respondent, the complaint shall be dismissed. If the decision is in favor of the complaint, the Committee may take one, more than one, or all of the following actions:
A. Censure. A vote of Censure shall be reported to the Directors at their next meeting and listed under the respondent’s name in the Secretary’s Record of Penalties.
B. Suspension. The person may be suspended from participating in any Association activities and from any privilege of the Association, including, but not limited to:
2)Transfer of ownership
5)Doing business with the Association
The term of suspension shall be from 10 days
to their lifetime.
C. Fine. The person may be assessed a fine of not less than $250 nor more than $5,000.00. The person shall not be eligible to use any Association service or function until the fine is fully paid, regardless of other penalties assessed. 20.09 The recommendations of the Enforcement Committee shall be promptly reported to the Executive Committee and are subject to the de novo review of the Executive Committee at its next regularly scheduled meeting or at a special meeting called for this purpose.
RULE 21: CONDUCT OF MEMBERS
21.01 The members of this Association, including specifically Directors and Officers, shall conduct themselves as ladies and gentlemen in all meetings and in all dealings with the Association.
21.02 No person shall attempt to influence the actions of the Enforcement Committee, Executive Committee, Hearing Committee, Board of Directors, or Association employees by duress, bribery, or intimidation of any sort.
21.03 persons are expected to observe the “TWHBEASM Code of Conduct Standards” and may be disciplined for failure to do so. This amendment is published to provide 30 days notice to members prior to the effective date of the amendment.
Please check the upcoming issue of the Voice Magazine for the official amendment.
For further details or information, please contact (931) 359-1574.