MAY 2023.RULES & REGS
will present the Committee’s findings to the Board. The Board may accept, reject or modify the recommendation.
5. Notice of Board Decision and of Right to Appeal. Senior Management will notify the Member in writing after the Board of Governors has made a determination of the outcome of the grievance. If the Board levies a fine, suspension or other disciplinary action, the notice shall describe the conduct complained of with reasonable specificity, the provisions of the governing documents violated, the fine, suspension or other disciplinary action levied, and the date the fine will become due, or the date the suspension or other disciplinary action will become effective, which shall in no event be less than fourteen (14) days from the date of the notice. The notice shall also advise the Member of his or right to appeal by submitting written notice of such appeal to Senior Management within fourteen (14) days of the notice described in this paragraph. 6. Appeal. If a Member submits timely notice of appeal, the implementation of a public reprimand, fine, suspension or other disciplinary action shall be stayed until such time as the appeal is concluded. The President will appoint an independent group of three Members to hear the appeal, none of whom shall be a member of the Grievance Committee or the Board of Governors. The Chair of the Grievance Committee shall preside at the appeal hearing, but shall not vote on the appeal or be present when the appeals panel is making its decision. Senior Management shall work with the members of the appeals panel and the Member to find a mutually acceptable time for the appeal hearing, but if the parties are unable to agree on a time within 14 days after the notice of appeal is received, the Chair may designate a date and time for the appeal. At the appeal hearing, the Chair will review with the appeals panel the results of the Grievance Committee’s deliberations, and the Member may then join the meeting. The Member may be represented by counsel or may have another representative speak on the Member’s behalf. Following the Member’s presentation, the Member will leave the meeting and the appeals panel will vote on whether to accept or reject the fine, suspension or other disciplinary action approved by the Board. The appeals panel may not modify the Board’s determination, other than to reject it. If the appeals panel sustains the Board’s decision, Senior Management will notify the Member and the fine, suspension or other disciplinary action will take effect promptly. If the appeals panel rejects the Board’s decision, Senior Management will notify the Member promptly and the Board may not impose any disciplinary action against the Member with respect to the grievance. 7. Public Notice of Disciplinary Action. All fines and suspensions levied by the Board of Governors or, in the case of speeding violations (as described below), all penalties accepted by the Member or imposed by the Grievance Committee, shall be published in a mailing to the Members of the Community after any appeal has been exhausted without a decision in favor of the Member or the
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