Disciplinary Action and Grievance Policy

1. General

In every organization, differences of opinion about interpretation of policy and other matters can occur.

This policy is designed to address informal and formal grievances or concerns between individuals who are volunteers within the organization (general members, event volunteers, committee members, and Board members) where informal resolution has not been successful.

Grievances or concerns shall first be addressed via an informal resolution process directed either to the President or the Executive Director. In all cases, the goal will be to resolve the grievance or concern quickly through informal means (direct communication, informal mediation, etc.). If the issue cannot be resolved according to the informal process established by the President or Executive Director, then an individual may file a formal grievance.

The principal distinction between a Disciplinary Action and a Grievance is that a Disciplinary Action is instituted by the Board of Directors and a Grievance is instituted by an individual.

Employment law considerations mean that this policy is not suitable for the resolution of issues between compensated persons and volunteers. Any volunteer who has a complaint to make about a compensated staff member or contractor should first see the Board President. Compensated staff and contractors who wish to complain about a volunteer should see the Executive Director. Where appropriate, the Board President and Executive Director will bring such matters to the attention of the Board for resolution or action.

A separate policy exists for inter-staff disputes.

2. Definitions

A. Board of Inquiry: Consists of at least three Board Members drawn from the Community Affairs Committee, the Personnel Committee, the Officers, and the Executive Director; such persons shall serve on the Board of Inquiry during their tenure in one or more of the aforesaid capacities regardless of the date of the incident or grievance being considered. Board members who are no longer committee members or serving as officers shall be relieved of their responsibilities on the Board of Inquiry. B. Convener: The Board President, Vice President, or person appointed in accordance with the procedure outlined below who shall chair the Board of Inquiry. C. Date of First Notification: Defined as either:

The date of the Board Meeting at which a Disciplinary Action shall be instituted; or
The later of: a. The third working day following the postmark on the envelope containing the original grievance or, if delivered by hand or sent via email, the date of delivery; or b. The third working day following the postmark on the envelope containing the amended grievance filed in accordance with Section 6.D.1 of this policy or, if delivered by hand or sent via email, the date of delivery of such amended grievance. D. Hearing: The meeting of the Board of Inquiry at which the Petitioner (if any) and the Respondent may speak and at which other materials, witness statements, and evidence may be considered. E. Period of Inquiry: The period between the Date of First Notification and the date upon which the Board of Inquiry shall deliver its decision or the Disciplinary Action/Grievance shall be otherwise terminated. F. Petitioner: The person who files the Grievance. G. Respondent: The person named in the Grievance and/or Disciplinary Action whose behavior, actions, or failure to act is the subject of the inquiry.

3. Board of Inquiry

A. Composition

Neither the Petitioner nor Respondent shall sit upon the Board of Inquiry.
No person who shall be giving evidence shall sit upon the Board of Inquiry.
The Petitioner and Respondent shall be informed in writing by the Convener within five (5) working days of the date of first notification of the names of those persons sitting on the Board of Inquiry and, with the exception of the Convener and the Executive Director, both the Petitioner and the Respondent may challenge any persons who have been appointed to the Board of Inquiry. Challenges shall be submitted in writing to the Executive Director and Board President, and should specifically address instances of conflict of interest, personal relationship, injury, or harm with any appointed members of the Board of Inquiry. The Executive Director and Board President will then present their recommendation in writing to the Convener for their consideration.
If, by virtue of challenges or otherwise, the number of persons on the Board of Inquiry (including the Convener and Executive Director) is less than five, then at their sole discretion the Convener may appoint other Board members to the Board of Inquiry so that there is a minimum of five persons (including the Convener and Executive Director).

B. Convener

The Convener shall be (in order of availability):

The Board President.
The Vice President, subject to the Board President being unavailable to act in this capacity by reason of illness, absence, being a party to the hearing, or giving evidence to the Board of Inquiry.
Some other person, being a member of the Board of Directors of the Corporation, appointed by the Board for this purpose within three (3) working days of the date of first notification in the event that the Vice President is unavailable for the same reasons.

C. Role of the Executive Director

The Executive Director shall be a member of the Board of Inquiry in a record-keeping and advisory capacity. They shall not have any decision-making or voting authority.

4. Disciplinary Action

A. Authority

Only the Board may authorize a Disciplinary Action. It may do so of its own volition or upon receiving a written statement of facts from a third party. The Board meeting minutes for this Executive Session shall include the basis for Disciplinary Action, how this basis was established, and the specific instances where an individual is alleged to have acted or failed to act in accordance with the organization’s policies and procedures.

B. Process

Upon establishing the basis for a Disciplinary Action, the Board shall immediately refer the matter to the Board of Inquiry.
The Convener and Executive Director shall draft a statement detailing the alleged behavior/action/failure to act and consequent breaches of policy, mailing this to the Respondent and all members of the Board of Inquiry within five (5) working days of the date of first notification. This document shall be known as the Discipline Notice and shall not state a proposed remedy. It shall be accompanied by a copy of this policy and state the date, time, and place of the Hearing. The date of the Hearing shall be no more than twenty (20) business days following the date of first notification. The hearing shall be held on a weekday at 7:00 PM unless the Respondent requests otherwise and such request is agreed to by the Board of Inquiry. The venue of the Hearing shall be the organization’s office unless the Board of Inquiry directs otherwise (e.g., virtual meeting). The venue shall be accessible to the Respondent and situated within the City and County of San Francisco.
The Board of Inquiry shall meet within ten (10) working days of the date of first notification to discuss any interim arrangements which may be required (see Section 6.C below, “Interim Arrangements”) and make any other directions for the Hearing, including identifying any third parties it wishes to invite to give evidence. Any interim arrangements affecting the Respondent, including names of invited third parties, shall be communicated to them by the Convener the next business day following such meeting.
Attendance at the Hearing shall be by invitation of the Board of Inquiry only and shall not be open to the public, guests, media, or any other person. The Petitioner and Respondent shall attend in person or by virtual meeting and may bring a support person with them. The Board of Inquiry will be limited to dialogue with the Respondent, and support persons shall not speak for or engage directly with the Board of Inquiry. The Respondent shall have the opportunity to hear all evidence presented and may make a statement of up to 15 minutes in length. The Respondent shall not have the opportunity to question witnesses. Following their statement, the Respondent may be asked questions by members of the Board of Inquiry. Following questions, the Respondent shall be excused and the Board of Inquiry shall consider its decision.
In making its decision, the Board of Inquiry shall first discuss and document its findings of fact. It shall then determine whether the Disciplinary Action is valid (in whole or in part): a. If without substance, the Board of Inquiry shall publicly exonerate the Respondent and apologize for any distress and inconvenience unless the Respondent requests otherwise. In either event, the exoneration and apology shall also be made in writing to the Respondent. b. If valid (in whole or in part), the Board of Inquiry shall determine an appropriate remedy, which may include one or more of:
1. Verbal warning
2. Written warning
3. Probation
4. Requiring the Respondent to make a personal and/or public apology
5. Suspension of Membership for a limited period
6. Termination of Membership and period during which any application for membership submitted by the Respondent will be refused
7. Permanent Termination of Membership
8. Being relieved of all duties for a period of time
9. Permanently relieved of all duties
10. Temporary removal from the organization’s offices for a period of time
11. Permanent removal from organization’s offices
Remedies of Probation and higher shall require ratification by the Board of Directors at its next meeting (unless granted an extension). In determining what action to take, the Board of Inquiry shall consider: a. Any previous infractions by the Respondent; b. The desire to heal and improve the morale of the organization in direct relation to the hearing in question; and c. Any extenuating circumstances.

The Board of Inquiry shall give a timeframe within which all steps will be completed, such timeframe to be no earlier than the date of ratification by the Board of Directors.
Nothing in this section shall preclude the organization or any other person seeking further relief through the courts or reporting matters to appropriate authorities.
The Board of Inquiry shall advise the Respondent in writing of its decision within five (5) working days of the Hearing.
Subject to ratification by the Board of Directors, the decision of the Board of Inquiry shall be final and there shall be no appeal notwithstanding the non-attendance and/or non-cooperation of the Respondent.

5. Grievance Procedure

A. Process

Upon receipt of a Grievance, the Board/Nominating Committee shall immediately refer the matter to the Board of Inquiry.
The Convener and Executive Director shall examine the Grievance to ensure it meets the requirements of this policy and mail a copy to the Respondent and all members of the Board of Inquiry within five (5) working days of the date of first notification, accompanied by a copy of this policy and stating the date, time, and place of the Hearing. The Hearing date shall be no more than twenty (20) business days following the date of first notification.
The Board of Inquiry shall meet within ten (10) working days of the date of first notification to discuss interim arrangements and directions for the Hearing.
Attendance at the Hearing shall be by invitation only. Both Petitioner and Respondent may attend in person or virtually and may bring a support person (who shall not speak for or engage directly with the Board of Inquiry). Both parties shall have the opportunity to hear evidence, make a statement of up to 15 minutes, and respond to questions from the Board of Inquiry.
In making its decision, the Board of Inquiry shall determine whether the Grievance is valid and, if so, determine an appropriate remedy from the remedies listed in Section 4.B.5.
In determining action, the Board of Inquiry shall consider previous infractions, the desire to mend hurt feelings and create a cohesive team, extenuating circumstances, record of service, and remedies proposed by the Petitioner.
Decisions of the Board of Inquiry shall be communicated within five (5) working days and, subject to Board ratification, shall be final.

6. Supplemental Provisions

A. Limitations

A grievance in writing or by email, signed by the Petitioner, must be filed with the Board President, Executive Director, and Secretary within fourteen (14) days of the last occurrence of the behavior/incident referred to.
The Board of Inquiry may extend the period upon written representation explaining why filing was not possible and a unanimous vote to waive the time limit.
No grievance or Disciplinary Action shall be accepted where the behavior/incident occurred more than six (6) months prior to the date of first notification.

B. Notices and Address for Service

All notices and communications may be served in person, by first-class mail, or by email at the address on record.
Communications received after 5:00 PM on a business day or on a weekend shall be deemed received at 10:00 AM on the next business day.

C. Interim Arrangements

The Board of Inquiry shall have power at its sole discretion to give interim directions prior to the Hearing to protect health and wellbeing, including:

Suspension of Membership;
Suspension of Duties;
Directing parties to refrain from communicating with one another;
Reclassifying a Grievance as a Disciplinary Action; or
Other arrangements deemed appropriate.

D. Amendment or Withdrawal of Grievance

If a Grievance does not satisfy requirements, the Convener shall notify the Petitioner within two (2) working days, giving three (3) working days to amend or re-file.
The Petitioner may withdraw the Grievance up to 48 hours prior to the Hearing. In the event of withdrawal, documents shall be sealed and archived, and destroyed on the second anniversary unless another matter arises.

E. Confidentiality

All matters shall be kept confidential and discussed only during executive session. A breach of confidentiality by the Petitioner may result in automatic termination of the grievance if it prejudices a fair hearing. The Board may in its discretion release a summary to address misinformed media attention and defend the organization.

F. Consolidation and Multiple Grievances

The Board of Inquiry may consolidate multiple grievances involving the same parties within a single process and hearing.

G. Eligibility of Petitioner

A grievance may only be brought by a member in good standing of the Corporation.

H. Implied Indemnity

There shall be a rebuttable presumption that any officer acted with the knowledge and consent of the Board, and any grievance against an officer’s official behavior shall be inadmissible unless it is shown they were not acting with such knowledge and consent.

Approved by the Board: February 1, 2000
Amended: April 4, 2000