Appeal of penalties levied by the Exec Committee
Section 6 Appeal of Suspension, Termination, Executive Committee Action
Current:
“Any individual, organization or establishment who does not agree with the Executive Committee decision may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors. If necessary, witnesses will be heard. If more than one party is involved, all parties must appear in person or in writing to the Board of Directors. After hearing the appeal, the Board of Directors will make a decision. Parties will be notified within seven (7) days of the decision. The decision of the Board of Directors is final.”
Comment: This section is like riding an elephant through a mine field. It states anybody can appeal within 7 days of notification by the Exec Committee, but doesn’t define notification. “Anybody” could be someone totally unaffected by the decision. Appeals to the BoD should be limited to the party complained against.
Suggested fix (changes are in []’s)
[Any penalized member] may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors.
Drop this completely: If more than one party is involved, all parties must appear in person or in writing to the Board of Directors.
If someone simply doesn’t appear, the appeal can’t be heard.
Here’s my proposed Section 6
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“Any [penalized member] who does not agree with the Executive Committee decision may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors. If necessary, witnesses will be heard. After hearing the appeal, the Board of Directors will make a decision. Parties will be notified within seven (7) days of the decision. The decision of the Board of Directors is final.
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This eliminates appeals for all non-penalized parties. Maybe there could be something for unaffected parties to appeal to the Exec Comm, but unaffected parties shouldn’t be able to go directly to the BoD. This would bring the WDA in line with the system used in American justice that eliminates double jeopardy, or being tried twice for the same offense.
Current:
“Any individual, organization or establishment who does not agree with the Executive Committee decision may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors. If necessary, witnesses will be heard. If more than one party is involved, all parties must appear in person or in writing to the Board of Directors. After hearing the appeal, the Board of Directors will make a decision. Parties will be notified within seven (7) days of the decision. The decision of the Board of Directors is final.”
Comment: This section is like riding an elephant through a mine field. It states anybody can appeal within 7 days of notification by the Exec Committee, but doesn’t define notification. “Anybody” could be someone totally unaffected by the decision. Appeals to the BoD should be limited to the party complained against.
Suggested fix (changes are in []’s)
[Any penalized member] may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors.
Drop this completely: If more than one party is involved, all parties must appear in person or in writing to the Board of Directors.
If someone simply doesn’t appear, the appeal can’t be heard.
Here’s my proposed Section 6
--------------------------------------------------------
“Any [penalized member] who does not agree with the Executive Committee decision may appeal one time to the Executive Committee within seven (7) days of notification of the Executive Committee decision. This may be done in person or by registered return receipt mail to the Secretary. The appeal will be heard at the next regularly scheduled Board of Directors meeting. Parties may make a statement in person at the meeting or in writing to the Board of Directors. If necessary, witnesses will be heard. After hearing the appeal, the Board of Directors will make a decision. Parties will be notified within seven (7) days of the decision. The decision of the Board of Directors is final.
-----------------------------------------------
This eliminates appeals for all non-penalized parties. Maybe there could be something for unaffected parties to appeal to the Exec Comm, but unaffected parties shouldn’t be able to go directly to the BoD. This would bring the WDA in line with the system used in American justice that eliminates double jeopardy, or being tried twice for the same offense.
posted by Merlin at 8:13 PM
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