If the Hearing Committee, by a vote of a majority of its members, rejects the proposed disciplinary action, the Hearing Committee, as soon as possible, shall inform the Board of the rejection. The grievance shall then automatically be remanded to the Board to be heard at the next Board meeting. A member of the Hearing and Grievance Committees must be present during the Board’s consideration of the remanded grievance to discuss each Committee’s findings and conclusions and to answer any questions. If the Board proposes an alternative disciplinary action for the incident, another hearing shall be held by the Hearing Committee in accordance with the procedures set forth herein after giving the Respondent(s) with not less than fourteen (14) days’ written notice. Initiation of a Grievance A Grievance must be in writing and identify the alleged facts that are claimed to constitute improper conduct, conduct likely to endanger the welfare, safety, harmony or good reputation of ARCCA or its Members, or a violation of any of the Governing Documents of ARCCA or of a Village Association. Except for Grievances initiated by a citation issued by ARCCA’s security personnel, the Grievance shall be initially filed with the Administrative Office of ARCCA and submitted by the Administrative Office to the Grievance Committee. In such case, ARCCA’s Administrative Office shall give each Respondent and Complainant written notice of the initiation of the Grievance, which shall include the written complaint(s) of the person filing the Grievance (the “Complainant”), a copy of the pages of the Governing Documents that contain the provisions that the Complainant alleges were violated, and a copy of these Rules. Notice to the Complainant(s) and/or Respondent(s) for any purpose provided in these Rules, including the place, date and time of a hearing, shall be deemed given upon depositing the notice in either the U.S. Mail or with a commercial courier such as Federal Express, addressed to each at their respective last known address as shown in ARCCA’s official records. Additional notice may be given by email to the last known email address in ARCCA’s official records. Sanctions Issued Pursuant to a Schedule Adopted by the Board of Directors In the case of violations (including but not limited to traffic and ARC violations) where sanctions are imposed pursuant to a schedule adopted by the Board of Directors, the citation or notice of violation shall be filed with the ARCCA Administrative Office. Such violations shall be addressed by a panel of the Grievance Committee (referred to herein as the “Citation Panel”), which must consist of at least a majority of the Grievance Committee. The Citation Panel shall serve as the Hearing Committee for purposes of Florida Statutes, Section 720.305 with respect to violations imposed by Board-adopted schedules. The Citation Panel shall hold a hearing on all citations subject to sanctions imposed by Board- adopted schedules after giving Respondent(s) a minimum of fourteen (14) days’ notice, regardless of whether a hearing is requested. The Respondent(s) shall be given written notice by the ARCCA Administrative Office that the violation is subject to the Citation Panel process under these rules and shall be provided with a copy of the citation or violation notice, the pages from the Governing Documents which are alleged to be violated, and a copy of these Rules. The decisions of the Citation Panel shall be deemed the decision of the Hearing Committee for the purposes of these Rules. The sanction for each violation shall be set strictly in accordance with the schedule adopted by the Board of Directors in the ARCCA Rules and stated in the violation notice. The Citation Panel has no authority to change, reduce, or increase the sanction. However, where the schedule in the ARCCA Rules refers to “Transponder suspension” the Citation Panel may recommend to the Board the
3
Made with FlippingBook - PDF hosting