Disciplinary Procedures Task Force on proposed changes to the procedures for the handling of an ethics complaint
Ethics Committee and Task Force Members Commitee: William R. Dee, Chair, Chapter 29 Theresa M. Brennan, Vice-Chair, Chapter 9 Task Force: Dana Abney, Chapter 4 T A Anderson, Chapter 77 Colleen Brown, Chapter 65 Ronn Carlentine, Chapter 47 Johnny Dyess, Chapter 24 Eric Finn, Chapter 29 David Maturen, Chapter 7 Sharen Carnell Willis, Chapter 40
Complaint Procedures for Violations of: Code of Ethics Rules of Professional Conduct Standards of Practice for Right of Way Professionals
Complaints must be in writing and signed by the complainant. Disciplinary Rule 5.A. Issue: Should anonymous complaints be permitted? Pros and Cons
Written complaint must be sent to the Chapter President of the chapter where the individual who is being accused of a violation is a member. Disciplinary Rule 5.B. Issue: Should complaints be filed at the Chapter level or elsewhere? Suggestions?
Investigating Committee consists of two (2) members from the chapter of the accused, appointed by chapter president, and the Ethics Committee chair will appoint a third person from that region, outside the chapter. At least one of the members of the Investigating Committee must be an SR/WA. Disciplinary Rule 6.A. Issue: Should local chapter members be appointed to investigate ethics complaints? Why or why not? If not, then who?
An expelled member shall not be considered for reinstatement sooner than five (5) years from the date of expulsion and is subject to review and approval. Disciplinary Rule 17. Issue: Should an expelled member be allowed to be reinstated? Is five years reasonable?
The Member Charged can voluntarily resign at any time during the disciplinary proceedings. However, the effects of resigning will differ depending on when the resignation is tendered in relation to the status of the proceedings. See Disciplinary Rule 14. Issue: Should there be further consequences if a member resigns during an investigation? Publication of ethics violations in Right of Way Magazine? Mandatory ethics course for violations?
Recordkeeping Requirements Currently no records maintained at HQ related to resignations due to ethics investigation Issue: What kinds of records should HQ maintain of ethics investigations and violations?
Other Changes? Membership Application currently does not inquire whether applicant has ever been subject to an ethics investigation of the IRWA New members are not required to attend any ethics courses or other orientation Current members other than candidates are not required to attend ethics courses or refreshers periodically
Other Changes? Disciplinary Procedures Rules of Professional Conduct Standards of Practice for Right of Way Professionals Course 103 – Ethics and the Right of Way Profession Course 104 – Standards of Practice for the Right of Way Profession