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Hearing Committee Eligibility; Must be Board members, but their positions are up soon.

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We have a 7 member Board, of which 3 people were voted in by the Board to serve on a Hearing Committee (for a trial). The three voted in to serve on the committee, were the only people eligible due to the severe conflicts of interest with the defendant. Of the three people on the Hearing Committee, two of their terms are up at the end of the year. Our by-laws state specifically that the Hearing Committee must be made up of Board Members.

The Hearing is currently scheduled for the last weekend of the year. The Certified Mail sent to the defendant to notify them of the charges, response due dates, and hearing schedule, took a week to be delivered. Now the defendant is claiming she doesn't have enough time to prepare. Our by-laws don't give a specific timeline for responses The Hearing Committee is in place and ready to move forward, but we are concerned with the change of the BOD at the end of the year.

To make it worse, the plaintiff and defendant are candidates in the election taking place now, with the new Board Members taking office January 15, 2012.

My question is: Does the current Hearing Committee continue to serve in that capacity once their positions are over, or do we have to put together a new committee with the new Board Members after the first of the year?

Thanks for your help.

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Guest Edgar

Does the current Hearing Committee continue to serve in that capacity once their positions are over . . . ?

Our by-laws state specifically that the Hearing Committee must be made up of Board Members.

I believe you've answered your own question.

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Yes, but the Hearing Committee is in place and we are in the middle of the process. The paperwork has been sent to all involved and the hearing/trial scheduled. The only thing left is the actual hearing/trial.

We would like to know that since our by-laws don't address the changing of the board in the middle of a disciplinary process; if the Hearing Committee would be grandfathered in. When the process started they were Board Members, it seems wrong to change the committee in the middle of the process due to the timing of the charges. The whole process would have to start over, which in this case would give a distinct advantage to the defendant.

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Yes, but the Hearing Committee is in place and we are in the middle of the process. The paperwork has been sent to all involved and the hearing/trial scheduled. The only thing left is the actual hearing/trial.

We would like to know that since our by-laws don't address the changing of the board in the middle of a disciplinary process; if the Hearing Committee would be grandfathered in. When the process started they were Board Members, it seems wrong to change the committee in the middle of the process due to the timing of the charges. The whole process would have to start over, which in this case would give a distinct advantage to the defendant.

The rule is not suspendable and cannot be suspended (and they can't be "grandfathered") no matter how inconvenient the rule may be. RONR (11th ed.), p. 263, ll. 1-7

Edited by George Mervosh

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The rule is not suspendable and cannot be suspended (and they can't be "grandfathered") no matter how inconvenient the rule may be. RONR (11th ed.), p. 263, ll. 1-7

I concur. Another fine example of the "Law of Unintended Consequences."

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The three voted in to serve on the committee, were the only people eligible due to the severe conflicts of interest with the defendant.

This is explicit in your rules?

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