|
OF
THE ASSOCIATION
For
AMERICAN BUSINESS ALLIANCE
FOR ITS REGULATION, EXCEPT AS OTHERWISE PROVIDED
BY STATUTE OR ARTICLES OF ORGANIZATION.
ARTICLE I
OFFICES
1) The principle office of the ASSOCIATION (as referred
to in the accompanying ARTICLES OF ORGANIZATION) is in the State
of California and is located in the County of Orange. The ASSOCIATION
may have other offices either within or without the State of California
as the President and Board of Directors may determine or as the
affairs of the ASSOCIATION may require from time to time.
2) The President is hereby granted full power of
authority to change said principle office from time to time from
one location to another. Any such change shall be noted in the By-Laws
opposite this section, or added to this Article as provided below.
The address of the principle office of the ASSOCIATION is as follows:
1442 E. Lincoln Ave. # 352
Orange, Ca. 92865
3) Branch or other offices may be established at
any time by the President and Board of Directors at each and every
place where the ASSOCIATION is now or further qualifies to do business
or carry on the functions of the ASSOCIATION.
4) The Resident Agent for Service of Process for
the Association is:
Juanda K. Anderson
1442 E. Lincoln Ave. # 352
Orange, Ca. 92865
ARTICLE II
THE BOARD OF DIRECTORS
1) The business and affairs of the association shall
be managed by its Board of Directors who may exercise all such powers
of the association and do all such lawful acts and things as are
not by statute or by the Articles of Organization or by these By-Laws
directed or required.
2) The Board of Directors shall consist of not less
than one (1) nor more than seven (7) Directors. The Directors shall
be elected at the first meeting of the ASSOCIATION, except as hereinafter
provided, and each Director shall hold office until his successor
shall be elected and shall qualify. The First Board of Directors
is to elected by the members of the association.
3) Any Director may be removed, whether for or without
cause, either
(a) at a special meeting of directors by the unanimous
affirmative vote of the directors present in person or by proxy
at such meeting and entitled to vote for the election of Directors,
if notice of the intention to consider such matter shall have been
given in the notice calling such meeting, or
(b) any director may be removed at any time by the
affirmative vote of a majority of the directors of the association
entitled to vote for Directors, it being valid for said vote to
be registered either at any meeting of the directors or by written
affirmative action submitted to the Secretary of the association.
If any vacancies occur in the Board of Directors, whether by death,
resignation, retirement, disqualification or removal from office
or otherwise, a majority of the Directors then in office, though
less than a quorum, may choose a successor, or successors may be
chosen at a special meeting of directors called for that purpose;
and each successor Director so chosen shall be elected for the unexpired
term of his predecessor in office. Any directorship to be filled
by reason of an increase in the number of Directors shall be filled
by election at an annual meeting of the members or at a special
meeting of Board of Directors called for that purpose.
4) A position on the Board of Directors is obtained
by election by the membership at either a regular or special membership
meeting and then by the unanimous approval of the existing parties
serving on the Board of Directors.
5) The members of the Board of Directors, including
the officers, serve for a period of twenty-five years, but they
may resign their position at any time if they so desire. After a
twenty-five year period of service the Board Member or Officer must
indicate to the Board of Directors whether an additional term of
office is desired. If no additional term is desired, a new Board
Member must be voted upon at the next general membership meeting.
If an additional twenty-five year term is desired, it may be granted
by a majority vote of the Board of Directors.
6) The Board of Directors shall meet no less than
every quarter at a place designated by the President.
7) All decisions of the Board of Directors are to
be passed by a majority vote.
8) The Board of Directors will make all decisions
as to the compensation of the officers and/or the disbursements
of the ASSOCIATION funds.
9) The Board of Directors will determine nomination
and election procedures for the ASSOCIATION.
10) The Board of Directors establishes and determines
the ASSOCIATION'S policies and procedures.
MEETINGS OF THE BOARD OF DIRECTORS
12) The Directors of the ASSOCIATION may hold their
meetings, both regular and special, either within or without the
State of California.
13) Regular meetings of the Board of Directors may
be held with or without notice at such time and place as shall from
time to time be determined by the Board.
14) Special meeting of the Board of Directors may
be called by the President on three days' notice to each Director,
either personally or by mail, or by telegram, or such special meetings
may be called by the President or Secretary in like manner and on
like notice on the written request of one Director. The business
to be transacted at, or the purpose of, any special meeting need
not be specified in a notice or waiver of notice except where expressly
provided by statute, the Articles of Organization, or by these By-Laws.
It is provided, however, that any action taken by a majority of
all Directors, whether at a meeting or in writing, signed by said
Directors, shall be considered as valid and as binding as if it
were the action of the Board of Directors at a duly called and qualified
meeting, without regard to quorum or other prerequisites for such
meeting.
15) At all meetings of the Board of Directors the
presence of a majority of the Directors shall be necessary and sufficient
to constitute a quorum for the transaction of business and the act
of a majority of the Directors present at any meeting at which there
is a quorum shall be the act of the Board of Directors, except as
may be otherwise specifically provided by statute or by the Articles
of Organization or by these By-Laws. If a quorum is not present
at any meeting of the Directors, the Directors present thereat may
adjourn the meeting from time to time, without notice other than
an announcement at the meeting, until a quorum shall be present.
COMPENSATION OF DIRECTORS
16) Directors, as such, may receive a stated salary
for their services, or by resolution of the Board, a fixed sum and
expenses of attendance may be authorized. Nothing herein shall be
construed to preclude any Director from serving the ASSOCIATION
in any other capacity and receiving compensation therefore.
ARTICLE III
NOTICES
1) Whenever under the provisions of the statutes,
or of the Articles of Organization, or by these By-Laws, notice
is required to be given to any Director or member, and no provision
is made as to how such notice shall be given, it shall be construed
to mean personal notice, but any such notice may be given in writing,
by mail, postage prepaid, addressed to such Director or member at
such address as appears on the books of the ASSOCIATION. Any notice
required or permitted to be given by mail shall be deposited in
the United States Mail as aforesaid.
2) A waiver in writing, signed by the person or persons
entitled to receive a notice, whether before or after the time stated
in such notice, shall be deemed equivalent to the giving of such
notice. A waiver by telephone call is also acceptable.
ARTICLE IV
OFFICERS
1) The officers of the ASSOCIATION shall be elected
by the Directors and shall be a President, and a Secretary-Treasurer.
The Board of Directors may also elect one or more vice-presidents
and one or more assistant secretary-treasurers. The same person
may hold any two or more offices.
2) The Board of Directors may appoint such other
officers and agents as shall be deemed necessary, who shall be appointed
for such terms and shall exercise such powers and perform such duties
as shall be determined from time to time by the Board.
4) The salaries of all officers and agents of the
ASSOCIATION shall be fixed by resolution of the Board of Directors.
However, said officers and agents can choose to serve without compensation.
5) Each officer of the ASSOCIATION shall hold office
until his successor is chosen and qualified or until his death or
until his resignation or removal from office. An officer or agent
elected or appointed by the Board of Directors may be removed at
any time by the unanimous affirmative vote of the whole Board of
Directors. If the office of any officer becomes vacant for any reason,
the vacancy may be filled by the Board of Directors.
6) The officers of the ASSOCIATION are to be included
in the number of members to the Board of Directors.
ARTICLE V
PRESIDENT
1) He/she is responsible for all aspects and operations
of ASSOCIATION.
2) He/she presides over the meetings of the Board
of Directors.
3) He/she is elected by the Board of Directors for
an indefinite term as he/she so desires to serve, but may resign
the post at any time.
4) The President can be removed from his/her office
by the unanimous vote of the Board of Directors only under the following
conditions:
A. When and if he/she misappropriates ASSOCIATION
funds or commits fraud, or...
B. If in the estimation of three (3) physicians
he/she is found mentally or physically unable to perform his duties.
The above, hereinafter are referred to as the Standards
of Conduct. If the Board of Directors does remove the President
from his/her office, a new President must be elected by a unanimous
vote of the Board of Directors, immediately.
5) He/she has the authority to call special meetings
of the Board of Directors, if in his/her opinion he/she finds such
meetings to be in the best interest of ASSOCIATION.
6) He/she is empowered to delegate any function of
the office as he/she deems necessary.
ARTICLE VI
VICE-PRESIDENT
1) He/she assumes the duties of the President if
for any reason the President is either unable to perform the duties
of his/her office or is in a position that prevents him/her from
enacting said duties.
2) He/she assumes the Presidency if the President
is removed from office.
3) He/she is elected by the Board of Directors for
an indefinite term as he/she so desires to serve, but may resign
the post at any time.
4) The Standards of Conduct that apply to the President
also apply to the Vice-President.
ARTICLE VII
SECRETARY-TREASURER
1) Is responsible for maintaining the minutes of
all meetings of the Board Of Directors, general meetings and conventions
and any other functions or records of ASSOCIATION. The Secretary
shall attend all sessions of the Board of Directors and all meetings
of the members and record all votes and the minutes of all proceedings
in a book to be kept for that purpose. He shall give, or cause to
be given, notice of all meetings of the members and special meetings
of the Board of Directors, and shall perform such other duties as
may be prescribed by the Board of Directors or President, under
whose supervision he shall be.
2) Further is specified the responsibility for the
collection and distribution of ASSOCIATION funds and their according
accounting.
3) The Secretary-Treasurer is elected by the Board Of Directors
for an indefinite term as he/she so desires to serve, but may resign
the post at any time.
4) The Standards of Conduct that apply to the President
also apply to the Secretary-Treasurer.
ARTICLE VIII
CHECKS, DRAFTS, DEPOSITS, ETC.
The President will sign all checks, drafts, etc.
or any other Officer so designated by the Board of Directors. The
Officers of ASSOCIATION are authorized to make deposits of funds
at any Bank, Trust Company or other depository so designated by
the Board of Directors.
ARTICLE IX
INDEBTEDNESS
The amount of indebtedness that the ASSOCIATION may
incur is to be decided by the Board of Directors. It will be limited
to the amount of cash, reserves, and assets the ASSOCIATION has
on hand to pay its obligations.
ARTICLE X
ASSOCIATION RECORDS
The Association’s books and all association records
shall not be made public or available to non-members of the association.
However, members may view the association organizational books at
the association’s designated office and can have access to their
own records when they provide a written request for their own records
to the Board of Directors. A member’s records will only be released
to the member if those records are requested in writing to the Board
of Directors. The requesting member agrees not to disclose these
records to non-members of the association without the expressed
consent of the Board of Directors.
Association records will be kept at either the principle
office of the association or at a place so designated by the Board
of Directors for viewing by the members.
ARTICLE XI
AMENDMENT TO THE BY-LAWS
These By-laws may be amended, repealed, altered or
changed, in whole or in part, from time to time, only in the following
manner:
1) A petition must be formed and submitted to the
membership and can be proposed by any member. If that petition is
signed by a majority of all members it must then be submitted to
the Board of Directors.
2) Any member of the Board of Directors may propose
a petition to the Board of Directors to make an amendment to the
by-laws.
2) The Board of Directors, at either a regularly
scheduled meeting or at a special meeting called for that purpose,
will consider the petition and decide by unanimous vote whether
or not that amendment will be adopted after notice of the proposed
amendment is given as the By-laws may provide.
ARTICLE XII
OTHER MEETINGS
The President is empowered to convene special meeting
of the Board of Directors or the General Membership, when in his
opinion such special meetings are in the best interest of ASSOCIATION
or to transact any special business.
ARTICLE XIII
GENERAL FUND
The President, or Secretary-Treasurer if so directed
by the President, has full and complete control of the General Fund
under the auspices of the Board of Directors. The General Fund will
pay all of ASSOCIATION'S expenses.
ARTICLE XIV
MEMBERSHIP REQUIREMENTS & REGULATIONS
Requirements for membership into the ASSOCIATION are
as follows:
1) All persons above the age of 18 years of age,
regardless of sex, creed or national origin, shall be eligible for
membership, unless otherwise qualified and elected as the By-Laws
of the ASSOCIATION may provide. It is mandatory for the officers
and members of the Board of Directors of ASSOCIATION to become members
of the ASSOCIATION.
2) Membership is not otherwise limited unless it
is so indicated by the Board of Directors.
3) All persons seeking membership must make an application
to the Board of Directors who will then review the application and
immediately make the determination as to whether or not membership
will be offered.
4) All members must agree to abide by the by-laws,
procedures, rules and regulations of the ASSOCIATION. If for any
reason it is determined that a member is not abiding by them, the
Board of Directors may take such action as they deem necessary.
5) All members agree never to bring any law suit against the ASSOCIATION,
or involve the ASSOCIATION in any law suit. Further, should any
legal action be brought against any member, said member must agree
to completely exonerate and hold blameless the ASSOCIATION and its
officers in any such action. All members of the ASSOCIATION agree
not to bring any lawsuit against any officer of the ASSOCIATION
if said officer of the ASSOCIATION performs work on behalf of the
ASSOCIATION for no compensation. All members of the ASSOCIATION
agree not to bring any lawsuit against any member of the ASSOCIATION
or involve any other member of the Association in any lawsuit either
directly or indirectly and will hold harmless and defend both the
Association, its officers, and its members as a result of and from
any lawsuit. All members agree to utilize the Association’s grievance
procedures to resolve any dispute.
6) If membership is ever terminated by the ASSOCIATION or the member,
the ex-member must relinquish all claims against the ASSOCIATION.
7) If membership is ever terminated by the death
of the member, said member's heirs and or assigns will have no claims
against the ASSOCIATION.
8) If membership is by any other means terminated,
said member and or his heirs and or assigns will have no claims
against the ASSOCIATION.
9) TERMINATION OF MEMBERSHIP: A member may terminate
membership in the Association at any time provided a written notice
is given to the association by certified mail with a return receipt
requested of the member’s desire to terminate membership. Likewise,
the Association may terminate membership of a member in the Association
at any time provided a written notice is given to the member by
first class mail of the Association’s desire to terminate the membership
of the member. Termination is effective as of the date on the mailing
postmark.
ARTICLE XV
MEMBERSHIP EXCLUSIVITY
Non-members are not entitled to receive any ASSOCIATION
benefits.
ARTICLE XVI
DISCIPLINARY COMMITTEE & ACTIONS
The Board of Directors will appoint a Disciplinary
Committee that will receive all complaints against any member. They
have the authority to investigate such claims and make a report
of their findings to the complaining members and the President.
The Disciplinary Committee will then make a recommendation of actions
that can be taken by the complaining member or the President. Within
30 days either the Complaining member or the President may contact
the Grievance Committee to file a formal grievance. This grievance
will then follow the procedure indicated in Article XXVII.
ARTICLE XVII
MEMBERSHIP MEETINGS AND CONVENTIONS
1) There may be one yearly convention of all members
to be held at a place and time so directed by the Board of Directors.
2) There may be as many general membership meetings
as designated by the Board of Directors.
3) Attendance to conventions and meetings are not
mandatory.
4) At all meetings and conventions, should a vote
be taken, only members are allowed to vote. However, if so deemed
appropriate by the Board of Directors, such a vote can be tendered
by mail.
5) All meetings and conventions are conducted in
accordance with Robert's Rules of Parliamentary Procedure.
ARTICLE XVIII
BENEFITS
The ASSOCIATION is authorized to provide benefits
to its members and undertake whatever means necessary to secure
those benefits as directed by the Board of Directors.
ARTICLE XIX
DUES AND CONTRIBUTIONS
The ASSOCIATION operates as a result of the income
derived from the dues paid by the members and contributions from
various other sources as to be identified and authorized by the
Board of Directors and any other means not prohibited by law.
1) The amount of membership dues to be assessed will
be determined by the Board of Directors. Such dues will be due and
payable according to the mandates of the Board of Directors.
2) The amount of the percentage to be contributed
to the General Fund from dues, contributions, and other sources
will be determined by the President and the Board of Directors.
3) Membership dues and contributions can vary according
the mandates of the Board of Directors and the needs of the ASSOCIATION.
ARTICLE XX
DISTRIBUTION OF PROFITS
If the ASSOCIATION should generate any profits they
will be distributed as follows:
1) All profits will be distributed at the end of
each calendar year as follows:
a) 50% of all profits will be maintained in the
general fund.
b) 50% of all profits will be distributed to the
membership.
2) The Board of Directors may suspend or pass on the
payment of such profits or installment of earnings at their discretion.
ARTICLE XXI
MAINTENANCE
The maintenance of all equipment or services is the
responsibility of the President who is empowered to see that all
repairs, if any, are efficiently and effectively performed.
ARTICLE XXII
STANDARDS OF CONDUCT
Members or officers of the ASSOCIATION all agree
that under no condition will they abuse the privileges or benefits
of their position or membership. This is to include violations of
any Federal, State or Local laws or regulations.
ARTICLE XXIII
LIABILITY
All members will hold blameless and without any liability
ASSOCIATION, its officers, Board of Directors, and other members
from any action resulting from any legal action that may brought
against any member of ASSOCIATION. Further, members agree never
to bring suit against the ASSOCIATION or involve the ASSOCIATION
in any lawsuit. Further, should any legal action be brought against
any member, said member must agree to completely exonerate and hold
blameless the ASSOCIATION in any such action.
ARTICLE XXIV
NON-EXCLUSIVITY
Members are not required to exclusively utilize the
ASSOCIATION services. Members are allowed to undertake other business
enterprises, form other business relationships, etc., provided that
there be no conflict of interest with the activities of ASSOCIATION
or any resulting obligations.
ARTICLE XXV
CATEGORIES OF MEMBERSHIP & DUES
The Board of Directors of the ASSOCIATION may designate
and create as many levels of membership as they feel are in the
best interest of the ASSOCIATION. The initial categories of membership
are:
(a) General Membership
(b) Selective Benefits Membership
(c) Director Membership
(d) Associational Membership
(e) Entity Membership
The benefits attached to each membership and corresponding
dues or obligations are to be determined by the Board of Directors
and may be changed from time to time in accordance to their determination.
ARTICLE XXVI
UNFORESEEN CIRCUMSTANCES
Since the economics of providing services for the
membership can change drastically over a period of time, the ASSOCIATION
is empowered to undertake whatever actions must be taken and execute
accordingly any plan or methodology necessary to find solutions
to the problems that face its members provided it does so upon the
approval of the Board of Directors.
ARTICLE XXVII
GRIEVANCES
If at any time a member finds himself/herself aggrieved
in any manner, said member agrees and is required to bring this
matter to the attention of the Grievance Committee to resolve any
dispute or alleged wrong-doing by the offending member or members.
The Board of Directors will accord said member his/her constitutional
right to be heard in accordance to the general guidelines of the
United States Administrative Procedures Act in one of either or
both manners.
(a) Informal Written Hearing: Said aggrieved member
must first utilize the Association’s Grievance Form and submit
that form to the Grievance Committee. The Grievance Committee
will investigate the issue and then report its findings to the
aggrieved member and the Board of Directors. The Grievance Committee
will immediately thereafter render a decision and a course of
action to be undertaken. There is no cost to the disputing parties
for this adjudication, and the final decision is binding on both
parties.
(b) Administrative Mediation: If either party is
dissatisfied with the judgment of the Grievance Committee, either
party must then request Administrative Mediation. There is no
cost to the disputing parties for this association service. The
Mediator for this process is the Chairman of the Grievance Committee.
In this process, both disputing parties must meet at a place designated
by the Mediator and both disputing parties must be present at
this mediation. Both parties must negotiate in good faith and
must attempt to reach an equitable solution. Failure to attend
the mediation or negotiate in good faith will result in a default
judgment rendered on behalf of the attending party or cooperative
party. If the parties cannot reach a mutually acceptable resolution
after a sincere effort (as acknowledged by the Mediator) then
the parties can seek their remedies in a Formal Administrative
Hearing.
(b) Formal Administrative Hearing: If a formal
administrative hearing is conducted, it shall be conducted at
a place and time so directed by the Grievance Committee. However,
all parties must agree to the following conditions:
(1) The hearing will take place in a place designated
by the Grievance Committee.
(2) The hearing will be conducted in the State of
California.
(3) The hearing will be conducted under the general
guidelines of the Administrative Procedures Act by a Hearing Officer.
The Hearing Officer will be selected by the Aggrieved Party from
a panel of Hearing Officers who are members of the International
Legal Aid Society. A list of Hearing Officers will be provided by
Grievance Committee to the Aggrieved Party prior to the commencement
of the proceedings.
(4) Both disputing parties must each pay $1,500.00
to the association to cover the cost of the hearing at the time
of the filing for the hearing. This cost is non-refundable.
(5) The aggrieved party will be referred to as the
Plaintiff. The person to whom the complaint is directed will be
referred to as the Defendant.
(6) After the Plaintiff makes the request for an Administrative
Hearing, the Plaintiff will file a statement with the Grievance
Committee stating the actual complaint and how the Plaintiff wants
to be compensated.
(7) The Grievance Committee will be responsible for
all scheduling issues. The Hearing will be tape recorded. If any
party wants a written copy of the record, they shall be responsible
for the cost of producing a written record. This hearing will always
be held in Orange County California.
(8) The Grievance Committee Chairman will be responsible
for communicating with all parties and making sure that all parties
are informed of any hearing requirements, deadlines and scheduling.
(9) Prior to commencement of the pre-hearing procedures,
which begin upon the service upon both parties of the hearing date,
the Plaintiff may withdraw the request for a hearing and receive
the entire amount of the deposit.
(10) After the Hearing date is selected the following
pre-hearing procedures are to be followed by all relevant parties.
a. 90 days prior to the hearing, both opposing parties
will serve upon each other any requests for evidence in the possession
and control of the other. If a cost is involved producing this evidence,
it will be paid for by the requesting party.
b. 60 days prior to the hearing, the requested items
are to be delivered to the requesting party. Failure to do so will
result in sanctions to the offending party unless good cause is
established for the delay. However, any such delay will result in
the advancement of the hearing date.
c. 30 days prior to the hearing, both parties will
serve upon each other a list of the items or documents they will
introduce at the hearing and a list of all witnesses that will be
called to testify. Both parties will notify the Grievance Committee
Chairman as to how much time their presentation will last. No witnesses
or evidence will introduced at the hearing that has not been previously
disclosed.
(11) On the day of the Administrative Hearing:
a. Both sides will give an opening statement of
their position.
b. The Plaintiff will present his case.
c. The Defendant will present his case.
d. After both sides have finished their presentations
the Hearing Officer will announce the following briefing schedule.
(12) Simultaneous Opening Briefs will be served by
the opposing parties upon each other and the Hearing Officer 45
days from the date of the delivery of the transcript.
(13) Simultaneous Reply Briefs will be served by the
opposing parties upon each other and the Hearing Officer 30 days
from the date of the delivery of the transcript.
(14) The Hearing Officer will render a final and binding
decision, in writing, 30 days after the Hearing Officer receives
the Reply Briefs and will so inform the parties through the Grievance
Committee Chairman.
(15) Either party may represent themselves, be represented
by a representative or an attorney or use any combination of personal
presentation and representation in the presentation of their case.
However, only one person per side will be allowed to speak during
the presentation of their case.
(16) All parties may obtain a written transcript of
the administrative proceedings, but each must pay for a copy of
such a transcript. However, any party may obtain an audio cassette
tape of the proceedings at no charge.
(17) The decision of the Hearing Officer, once issued,
is binding on all parties at the time of issuance. And there is
no limitation upon the Hearing Officer with respect to the amount
to be awarded the prevailing party with respect to that final judgment.
(18) The collection of any damages thereafter will
be the responsibility of the prevailing party.
(19) If the losing party is dissatisfied with the
result of the administrative hearing, said party has the option
to appeal that decision to the Board of Directors. However, said
appeal must be filed within 30 days of an adverse Hearing Officer’s
decision. If said appeal is not filed within the above prescribed
30 days, the losing party herein forfeits the right to such an appeal.
(20) Administrative Appeal: The appealing party will
pay the cost of the Administrative Appeal by depositing the sum
of $2,000.00 with the Treasurer of the Association prior to the
making his/her request for a hearing.
(21) The Administrative Appeal will be conducted as
follows.
a. The Administrative Appeal will be conducted in
writing. The Appealing Party will submit 3 legal briefs consisting
of any number 8 ½ by 11 pages, with one inch margins, double spaced
and with type face not exceeding or less than 14 points. All exhibits
will be attached and consecutively numbered or lettered. The brief
should be contained in a three ring red binder. These briefs should
be delivered to the Grievance Committee Chairman within 45 days
of the filing for the appeal. This brief will be referred to as
the Appellant’s Brief.
b. The Responding Party will have 45 days from the
receipt of the Appellant’s Brief to submit 3 legal briefs consisting
of any number 8 ½ by 11 pages, with one inch margins, double spaced
and with type face not exceeding or less than 14 points to the
Grievance Committee Chairman. All exhibits will be attached and
consecutively numbered or lettered. The brief should be contained
in a three ring blue binder. This brief will be referred to as
the Respondent’s Brief.
c. Both the Plaintiff and Defendant will select
an Appeals Judge from a list provided by the International Legal
Aid Society. The Appeals Judges will review both briefs and render
a decision in writing to be delivered to the Grievance Committee
Chairman within 60 days of the receipt of the briefs. However,
for the decision to be binding, it must be unanimous. If unanimity
cannot be obtained, the Grievance Committee will select a third
Appeals Judge from the International Legal Aid Society. Both briefs
will be provided to this third Appeals Judge and after 30 days
the final decision will be determined by majority vote of the
Appeals Judges.
(22) The decision of the Appeals Judges, once issued,
is absolutely binding on all parties at the time of issuance.
(24) If either party is still not satisfied with the
judgment, this judgment may be appealed for review by Arbitration.
It is agreed that the arbitration company that must be used for
this purpose is known as JAMS. However, if for any reason JAMS is
no longer in business, the parties must agree to submit this action
to any arbitration company that operates under the auspices of the
American Arbitration Association if an additional appeal is desired.
(25) Failure to follow the grievance procedure will
subject the offending party to action by the Grievance Committee,
and the offending party herein agrees to pay any costs incurred
by the association related to the action of the offending party,
to include but not limited to all related fees, court costs, transcript
fees, and Attorney fees. There disciplinary action against the offending
party will be the responsibility of the Grievance Committee and
may take whatever form the Grievance Committee determines to be
just and proper.
ARTICLE XXVIII
MEMBER INFORMATION
All member and association information may not be
divulged by any member to any non-member. It is also recognized
that
(A) Association members will have information in written
and oral form that contains proprietary and confidential information;
(B) All association members agree to hold such information
in confidence and not use it other than as directed by the Board
of Directors; and
(C) If it is found that any member or association
information is divulged by any member, the Board of Directors are
authorized to take whatever disciplinary actions they deem necessary
which can include but are not limited to fines, expulsion, restriction
of membership privileges, or personal liability for any legal, administrative
or other consequences of their actions.
ARTICLE XXIX
MEMBERS & BYLAWS
It is accepted that the by-laws may change from time
to time. The current by-laws are always available for viewing on
the internet at the association’s web-site. However, if a member
does not have access to a computer, upon request, a computer will
be made available in the offices of the association for viewing
by any member of the association. A written copy of the by-laws
will be made available to any member who makes a written request
for them. All members accept the responsibility of knowing and understanding
the current by-laws of the association and agree to abide by the
current by-laws as they exist or as they may change in the future.
ARTICLE XXX
MEMBERS & BYLAWS
It is accepted that the by-laws may change from time
to time. The current by-laws may be available for viewing on the
internet at the association’s web-site. However, if a member does
not have access to a computer, upon request, a computer will be
made available in the offices of the association for viewing by
any member of the association. A written copy of the by-laws will
be made available to any member who makes a written request for
them. All members accept the responsibility of knowing and understanding
the current by-laws of the association and agree to abide by the
current by-laws as they exist or as they may change in the future.
The foregoing By-Laws are hereby adopted by the undersigned
of said ASSOCIATION on this the 1st day of January, 2005.
___________________________________________
President
___________________________________________
Secretary
___________________________________________
Treasurer
___________________________________________
Member
___________________________________________
Member
___________________________________________
Member
|