Colleagues:
Below is a revised version of Article VIII of the NASW Constitution, the article that deals with the organization's procedures for suspending or terminating membership.
Revision of Article VIII was advised last year by an attorney who reviewed the NASW constitution for compliance with state laws for nonprofit 501(c)6 corporations. Amendments to other parts of the constitution were approved by the NASW membership in February, but the amendment to Article VIII was rejected. Instead, members directed that an ad hoc committee be established to develop a new version to be voted on this November.
Mariette DiChristina, the president, and Tinsley Davis, executive director, asked John Gever, an NASW member, and Dan Ferber, a board member, to serve as co-chairs of an ad hoc committee to redraft Article VIII. Norman Bauman, Melissa Blouin, Jennie Dusheck, David Levine, and David Lawrence volunteered to serve on the ad hoc committee.
After several months and another attorney review, they have produced the following for your consideration and vote.
This version of Article VIII makes two key policy changes:
- A case would be heard by either the board or an ad hoc committee of non-board members. In most cases, the accused chooses who hears his or her case. (According to the old constitution, cases go directly to the general membership at the annual meeting. According to the version of Article VIII rejected in February, a case would be heard by the NASW board.)
- If the charges against the accused are upheld, he or she can appeal to the membership. If the accused is exonerated, the verdict is final.
We appreciate the thoughtfulness and care of everyone who participated in developing this amendment, including those who contributed suggestions and comments on the draft posted online earlier this summer.
All the best,
John Gever
Dan Ferber
Co-chairs, Article VIII subcommittee
ARTICLE VIII
Section 1. NOTICE OF TERMINATION OF MEMBERS FOR NONPAYMENT OF DUES. Any member who remains in arrears regarding payment of dues for 12 months shall be given 30 days' notice that if dues are not paid at the end of the 30-day period, his or her membership shall be terminated. In each case, the executive director shall give the delinquent member notice by any method reasonably calculated to provide actual notice and by first-class mail or overnight delivery by a nationally recognized carrier to the member's last address as shown on the corporation's records.
Section 2. TERMINATION OF MEMBERS. A membership shall terminate on occurrence of any of the following events: (i) resignation of the member; (ii) expiration of the period of membership, unless the membership is renewed on the renewal terms fixed by the Board; (iii) the member's failure to pay dues, fees, or assessments as set by the Board within the 30-day notice period as described in Section 1 (but such a terminated member may re-apply for membership after satisfying all payments in arrears); or (iv) conduct substantially prejudicial to the purposes and interests of the Association, as determined under Section 4 of Article VIII of these bylaws.
Section 3. SUSPENSION OF MEMBERS. A member may be suspended or have certain privileges of membership revoked for a limited time for conduct substantially prejudicial to the purposes and interests of the Association, as determined under Section 4 of Article VIII of these bylaws.
Section 4. PROCEDURES FOR SUSPENSION OR TERMINATION OF MEMBERSHIP. Should the president, or any three members, find the conduct of a member to be substantially prejudicial to the best interests of the Association, they shall deliver a signed, written complaint to the Executive Director or to any officer or Board member.
Within two working days of the Association's receipt of a complaint, the accused member shall be notified of the charges. Notice shall be given by any method reasonably calculated to provide actual notice and by first-class mail or overnight delivery by a nationally-recognized carrier to the member's last address as shown on the corporation's records. Within 20 calendar days of this notification, the executive director or, if the executive director is absent or is the object of the complaint, an officer or director designated by the president, shall arrange for the complaint to be heard by one of the following bodies: (i) when the accused member is an officer, board member, or employee of the organization, the accused member will have the charges heard by an ad hoc committee of seven members, randomly selected from the membership until seven members are found who are willing and able to serve on such a committee (the "Ad Hoc Committee"); or (ii) when the accused member does not hold office in the Association, that member may choose to have the charges heard by the Board or by an Ad Hoc Committee.
The Board or Ad Hoc Committee hearing the charges will promptly set a hearing date. The accused member shall be provided with all evidence to be presented to the Board or Ad Hoc Committee at least ten calendar days before the hearing on the complaint and shall have full opportunity to present rebutting or exculpatory evidence and argument. The Board or Ad Hoc Committee may vote by a simple majority to grant a 30-day extension for the accused member to prepare his or her defense if the member cites a need for additional time. The Board or Ad Hoc Committee may grant, in its discretion, additional 30-day extensions at the member's request.
A vote of at least five members of the Ad Hoc Committee, or at least two-thirds of the members of the Board participating in the hearing, shall be necessary to sustain the complaint. If the complaint is sustained, the Board or Ad Hoc Committee shall determine the sanctions to be imposed, which may include expulsion or suspension. The Board or Ad Hoc Committee will render a written decision on the charges after the hearing and will notify the accused member of the decision by first class mail or overnight delivery by a nationally recognized carrier. No individual shall participate in processing or reviewing a complaint if he or she is a complainant or the accused member, or if he or she has a conflict of interest involving complainants or the accused member.
A member who wishes to appeal a judgment, must file an appeal within 21 days of being notified of the judgment. The appeal will be heard and voted on by the general membership at the next annual meeting, provided this meeting occurs at least 30 calendar days after the appeal is filed. In the event that the appeal is filed within 30 days of the next annual meeting, the appeal hearing shall be heard at the following annual meeting. Any and all disciplinary action against the accused shall be suspended pending outcome of the appeal. Prior to the appeal hearing, all pertinent information determined by the Board to be pertinent and all evidence provided by the accused at the initial hearing will be made available to the entire membership in secure electronic format. The vote of the membership will be recorded by paper ballot for those members attending the meeting, and by proxy for those members not present. A vote of at least two-thirds of members voting shall be required to sustain the Board's or Ad Hoc committee's judgment.
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