ARTICLE  XIII: DISCIPLINARY, APPEALS, & MISCELLANEOUS

 

Section 1.  Disciplinary Probation Policy: Any member who for a period of 4 consecutive months – is absent from the General Monthly Meeting, has not paid monthly dues, has not participated in any official SHMC event, and has not contacted the President or his appointed representative in his absence to discuss this behavior or possible reasons for it shall at the discretion of a majority of the Executive Board members be placed on Disciplinary Probation. Any Member failing to abide by the By-Laws, or deemed to have acted in a manner unbecoming of a SHMCNY Member, as determined by a majority vote of the Executive Board may be placed on Disciplinary Probation. Once it is determined that a member will be placed on Disciplinary Probation the Board is responsible for making a reasonable effort to notify the member of their PROBATIONARY status.

 

  1. A member has exactly 30 days from the date of the Executive Board’s decisions or until the forthcoming General Monthly Meeting, whichever is the longest to Appeal the Board’s decision; or
     

  2. A member has exactly 30 days from the date of the Executive Board’s decisions or until the forthcoming General Monthly Meeting, whichever is the longest term, to comply with the following requirements in order to be removed from probation:
    a. Compose and read a letter at the next General Meeting - explaining the reason and why the behavior will not continue in the future, and

    b. Attend the next (4) General Meetings, and

    c. Fully assist with the planning of the next (2) acceptable SHMC event; acceptability to be determined by the Executive Board or the President.
     

  3. Failure to comply with the listed requirements may result in a member being suspended.

 

Section 2.  Suspension Policy: A Member may be suspended for failing to comply with Disciplinary Probation requirements.  Any Member failing to abide by the By-Laws, or deemed to have acted in a manner unbecoming of a SHMCNY Member, as determined by a majority vote of the Executive Board may be suspended. Once it is determined that a member will be suspended, the Board is responsible for making a reasonable effort to notify the member of their SUSPENDED status. Notice shall be given at least five (5) days previously thereto by written notice delivered by Email or orally by telephone, to the member at his address or phone number as shown in the records of the SHMCNY. 

 

  1. Suspension is effective immediately, and a Suspended Member is prohibited from:
    a. Wearing All SHMCNY colors to include all club patches and other items
    deemed to be a representation of  club colors;   and
    b. Participating in SHMCNY functions, to include rides, dances, and
    Monthly Meetings.
     

  2.  To be removed from Suspension you must
    a. Fulfill all the requirements listed in the Probation Policy,

    b. Fulfill any and all legal and lawful requirements as deemed by the
    Executive Board, and

    c. Have no outstanding debt owed to SHMCNY.
     

  3.  Failure to comply with the Suspension requirements may result in member being terminated from SHMCNY

 

Section 3.  Termination Requirements: Any member who has been suspended and fails to satisfactory meet ALL the requirements for removal from Suspension can be nominated for Termination from SHMCNY. Process for Nominations for Termination:

  1. At the end of any meeting in which a member is eligible for Termination he/she may be nominated for Termination from the club by any Member in-good-standing.
     

  2.  The Board is responsible for making a reasonable effort to immediately notify the member of their recommendation for Termination. Notice shall be given at least five (5) days previously thereto by written notice delivered personally or sent by Email or orally by telephone, as shown in the records of the SHMCNY.  If notice be given orally or by telephone, such notice shall be deemed sufficient when supported by the affidavit of such person as gives notice.
     

  3. Appeal Procedures are optional, should request for Member recommended for Termination. The Appeals Procedure must take place no less than 30 days and no more than 90 days from the date the Member are notified of the Termination request.
     

  4.  The Member proposed for termination may request that the Appeals Procedure be expedited. The request should be made to the Business Manager. As such the Appeals Procedure must be held within 5 days of the request, unless otherwise agreed to by the proposed Member.
     

  5. It is the Executive Boards responsibility to establish the date of the Appeals Procedure, in accordance with the requirements set forth in this Article.

 

Section 4.  Appeal Procedures:

  1. Vice President or his designee shall represent the interest of the Executive Board and SHMCNY.
     

  2. Appellant may choose to represent his own interest, have a member-in-good standing of his choice, or have the Sgt-at-Arms appoint an individual to represent the Appellant’s interest.
     

  3. The Appellant: As defined herein you have the right to appeal the decisions of the Executive Board when a decision adversely and directly relates to you. You may not appeal a decision of the Club or the Executive Board on behalf of another individual.

    a. Appeal must be submitted to Sgt-at-Arms personally or sent by mail or delivered by Email or orally by telephone.  If notice be given by electronic mail, such notice shall be deemed delivered when confirmed by Sgt-at-Arms through the same electronic means used for delivery. If notice be given orally or by telephone, such notice shall be deemed sufficient when supported by the affidavit of such person as gives notice.

    b. Appellant has until 23:59 hour (11:59pm) of the 31st day after the decision on the matter to be appealed has been decided or until 23:59 hour of the 10th day after being properly notified, as defined herein, whichever is longer, to notify the Sgt-at-Arms of their desire to appeal the matter. Appellant must also inform Sgt-at- Arms if they will require assistance from a member in good- standing for the preparation and presentation of their appeal.

    c. A day, for matters of appealing is defined as 23-hours and 59- minutes. Beginning at 12 midnight and ending at 11:59pm.

    d. The first day, for matters of appealing, shall include the day of the decision or the day of notification.
    For example: The executive Board renders a decision on matter on June 1st at 7:00pm, and then notifies appellant at 9:00pm on that same day of their decision. Appellant then has until July 1st 11:59pm to notify Sgt-at-Arms of their desire to appeal the decision. Total of 31 days for purposes of appeal.
     

  4. Appeals Administrator: Administration of an appeal is the sole responsibility of the Sgt-at-Arms, unless he/she is a party to the matter being appealed or plays a significant role in the matter at hand that a majority vote from the Appellant, Executive Board representative and Road Captain deems the Sgt-at-Arm’s ability to remain objective may be impaired.

    a. Objection to Appeals Administrator:
    Objection to the Sgt-at-Arms acting as Appeals Administrator may only be raised by either the Appellant or a Member of the Executive Board.

    b. The objection must be raised within 5 days from the date the request for appeal is delivered to Sgt-at-Arms.
     

  5. Appeals Process:
    Appeals Administrator will:
    (a) Notify in the following order: the Vice President, President, Secretary, Treasurer, PRO, and the Road Captain that a matter is to be appealed before the club. This notification must occur within 48 hours of receiving acceptable notice for Appellant.

    (b) Notify Appellant, and all Officers of the time, date & location of the appeals hearing. This notification must occur within 72 hours of receiving acceptable notification of an appeal. Notification should be by certified mail or another verifiable source.

    (c) Notify and commit a minimum of 8 and a maximum of 12 members in good- standing to serve as non-bias jurors. Jurors may not be a party to the matter at hand, and must be willing to maintain a non-biased view of the matter until all information and evidence is presented at the hearing. Jurors are prohibited from discussing the matter with the anyone, including but not limited to officers of Steel Horses, the Appellant, or those directly involved in the matter prior to being instructed to do so by the Appeals Administrator - during the hearing.

    (d) If requested, secure a member in good-standing to assist the Appellant in the presentation of his/her appeal.

    (e) Prepare, oversee, and maintain order during the appeals hearing.

    (f) Assign someone to maintain official recording with either audio or both audio and visual devices.
     

  6. Appeals Hearing:
    (a) Hearing is open to all Members not directly involved in the matter for discussion.

    (b)  The Appellant, Vice President or his designee, Road Captain or her designee, and one member of the Executive Board must be present for the hearing to commence. Should the Appellant or the Vice President or his designee not be present at the specified date and time, the Appeals Administrator may at his discretion either reschedule the hearing or render a default judgment against the absent party.

    (c) Non-members (Prospects, Probationary, etc.), unless representing the Appellant, are not allowed to be present during the matter of discussion.

    (d)  Only the direct matter listed for appeal may be discussed, all other matters should be scheduled for discussion in the appropriate forum.

    (e) The Appeals Administrator will insure that all presentations will remain on point and directly related to the matter at hand. If the Appeals Administrator believes that a topic regarding the matter maybe inappropriate for discussion in the presence of the jury, he may at his discretion hear the specific matter in private to determine the best means of presentation to the jury.

    (f) The Appeals Administrator will direct the Vice President or his designee (Board Rep) to present the Executive Boards evidence in support of their decision regarding the matter at hand.

    1. The Board Rep will begin by explaining the allegations of the matter being appealed, and the reason the Executive Board made the decision regarding the matter.

    2. The Board Rep will then present to the seated jurors; information, facts and witnesses in support of the Executive Board’s decision.

    3. If a witness is called on behalf of the Executive Board, once the Board Rep has notified the Appeals Administrator that he is done questioning the witness, then the Appellant shall have the opportunity to present questions to the witness on any matter previously discussed during Board Rep’s questioning.

    4. Once Board Rep has presented all related information, he/she shall inform the Appeals Administrator that they have completed presenting their information.

    (g)  The Appeals Administrator will then direct the Appellant or his designee (Appellant) to present evidence and information in dispute of the matter being appealed.
    1. The Appellant may present an opening statement of their view of the allegations being appealed, and the how they intend to show that the decision regarding the matter at-hand, made by the Executive Board may be incorrect or unfair.

    2. The Appellant will then present to the seated jurors; information, facts and witnesses to dispute the decision of the matter at-hand.

    3. If a witness is called on behalf of the Appellant, once the Appellant has         notified the Appeals Administrator that he is  done questioning the  witness, then the Board Rep shall have the opportunity to present questions to the witness on any matter previously discussed during Board Rep’s or the Appellants questioning.

    4. The Appellant may close by summarizing the facts that they have presented.
    5. Once the Appellant has presented all related information, he/she shall inform the Appeals Administrator that they have completed  presenting their information, and rest their presentation.

    (h)  The Board Rep will have up to 10 minutes to present a rebuttal statement to the jury regarding matter at hand.

 

c. Jury Deliberation
(a) The Jury will be charged with determining if the decision of the Executive Board shall remain or be overturned.
 

1. Prior to sequestering the Jury for deliberation, the Appeals Administrator must determine  if the Jury will determine a suitable solution to the matter presented or the Executive Board will render a new decision, less than and different than the decision previously rendered, regarding the matter presented. (If the decision is to overturn the matter at hand.)
 

2. Appeals Administrator shall provide a form to the Jury to be completed once they have reached a decision about the matter at hand.
 

3. The Jury members shall elect a Foreman from among themselves.

(a) The Forman shall tally the votes, maintain order during the deliberation, and inform the Appeals Administrator or Road Captain if they have questions or when they have reached a decision.

 

(b)   Under the direction of the Appeal Administrator and the Road Captain the jurors will discuss the matter at hand in private.

 

(c) No one other than the jurors is allowed in the room during the discussion. The Appeal Administrator and Road Captain are to remain near-by, but outside and away from the room, should the jurors have any questions, or reach a decision regarding the matter at hand.

 

(d)  The Appeals Administrator shall notify all involved parties when the Jury reaches a decision regarding the matter at-hand.

 

(e) Once the Board Rep, Appellant, and Executive Board have reassembled, the Road Captain will seat the Jury.

 

(f) The Jury Foreman will present the completed form to the Appeals Administrator. Once the Appeals Administrator is satisfied that the form has been properly completed, he/she will return the form to the Foreman for reading of the decision.

 

(g)  The Jury’s decision shall be binding, and the form secured in the records of SHMCNY forever.

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