Grievance Procedure

V. Nov05

The privilege of professional practice imposes obligations of morality and responsibility as well as professional knowledge. A member of the Louisiana Agricultural Consultants Association recognizes that such membership acknowledges a voluntary assumption of the obligation of self-discipline above and beyond the requirements of the law and will strive to uphold the honor and dignity of the profession. Members assume an obligation to the profession, their clients, peers, agriculture, the public and society in general. General principles of conduct and obligations assumed are expressed in the Code of Ethics. Questions arising concerning conduct and possible violations of trust, professional conduct, Code of Ethics or the By-laws of LACA may be brought to the attention of LACA by the following grievance procedure.

1. Definition. The following definitions shall apply:
   1. Client – A client is any individual or entity for whom a member performs a service.
   2. Member – A member is any individual who is accepted for membership in the Louisiana Agricultural Consultants Association as set forth in Article Three of the Amended and Restated By-laws of the LACA.
   3. Suspension – An individual that has been suspended will no longer be considered a member of LACA while under suspension. After the term of suspension has expired, the individual may reapply for membership in LACA.
   4. Termination – If, through disciplinary procedure, an individual’s membership in LACA is terminated, the individual is removed from membership.
   5. Internal Affairs Committee (IAC)- The IAC activities and membership shall be subject to the LACA Bylaws, and shall not have or exercise any authority or power in excess of or in contradiction to the authority of the Executive Board. To conduct business, a simple majority of all IAC members shall constitute a quorum of the IAC. A simple majority vote of members present shall be sufficient to pass or reject any measure of business before the committee. Conference calling shall be considered an acceptable form of meeting. Any IAC meeting or hearing conducted without minimum thirty (30) days prior notice to the Executive Board of such meeting shall be deemed invalid as to its actions and conduct of business. Any IAC meeting proceedings or minutes must be submitted in written form to the Executive Board within ten (10) days of the adjournment of such meeting. The LACA Executive Board may, at its discretion, be present in an observatory capacity at any meeting or hearing of the IAC. This shall not apply to any individual member of the Executive Board who is the subject of any ongoing IAC procedures including but not limited to the occasions which the IAC has retired to discussions with legal counsel.
   6. Conflict of Interest – Should a member of the IAC feel that circumstances exist that prevent him or her from making an unbiased assessment of a grievance investigation, they may request that the President of the LACA appoint a replacement. The President may do so with the approval of the LACA Executive Board. If the Executive Board is aware of a conflict of interest in a member of the IAC, it may also request that the President of the LACA appoint a replacement member to the IAC, pending Board approval of said replacement member.
   7. By-laws – By-laws shall mean the Amended and Restated By-laws of the Louisiana Agricultural Consultants Association (effective January 29th, 2004), and any amendments and successors thereto as adopted from time to time by the membership.
2. Conditions of LACA membership. As a condition of membership in LACA, members agree to abide by the By-laws and the appropriate Code of Ethics. As stated in Article V. Item 2, of the Code of Ethics, any member having positive knowledge of deviation from the By-laws and Code of Ethics may bring such deviation to the attention of the Executive Board. The following procedure sets forth appropriate steps to be taken should such actions be deemed necessary by the IAC.
3. Disciplinary action. An individual’s membership in LACA is subject to suspension or revocation as set forth herein.
   1. Disciplinary action shall be one of the following:
      1. Private Censure – The Internal Affairs Committee may decide on private censure according to the provisions set forth herein subject to the approval of the Executive Board.
      2. Suspension – The Internal Affairs Committee may suspend for one year, the rights, privileges and benefits of said member subject to the approval of the Executive Board.
      3. Termination – Upon recommendation by the IAC and subsequent approval by the Executive Board, if a suspended member, following the period of suspension, has not rectified conditions responsible for his or her suspension, the membership of said individual shall be terminated by the Executive Board in accordance with the provisions set forth herein.
4. Disciplinary Procedures. The following procedures shall be used in all complaints investigated by the IAC.
   1. Complaints. Only written and signed complaints from a LACA Full Member(s) are accepted. Complaints shall be transmitted to the IAC for investigation. Complaints filed must reference the specific Article in the LACA Code of Ethics which the complainant feels is being or has been violated and also must present enough specific documentation that the IAC can effectively determine the merit of the complaint.
   2. Procedures. LACA shall adopt the uniform procedures, outlined in this document, for handling all complaints and shall conform to the guidelines herein set forth.
      1. Upon the receipt of a complaint, the IAC shall open a complaint file on the member against whom the complaint is lodged. Said file shall remain open until the IAC has determined that these grievance procedures have been concluded, or the matter(s) of the complaint has been otherwise resolved. If there is an open or pending complaint file, the IAC is required to meet at least once per year, and at its discretion may meet more frequently pursuant to and in furtherance of these procedures.
      2. Upon receipt of a complaint, the Secretary of LACA shall send a letter by registered mail delivery confirmation required, to the member against whom the grievance has been filed, detailing the nature of charges made against said member. Any such mail for which delivery cannot be confirmed by reason of said member’s rejection or refusal shall be deemed as delivered to said member.
      3. The IAC shall have the duty of investigating, in detail, the nature and extent of the complaint and alleged violation.
      4. The IAC shall report its findings and determinations to the Executive Board within 90 days of the date of the meeting at which the complaint was addressed. The report shall be in writing.
      5. The IAC shall determine one of the following:
         1. That the complaint is without merit, no violation has occurred and the investigation should be terminated, or
         2. The complaint and alleged violation have merit.
   3. Determination.
      1. In the event the determination is that no violation has occurred, the matter shall terminate at that point. A registered letter, requiring delivery confirmation, shall be sent by the Executive Board on behalf of the IAC to the complaining party and also to the member against whom charges have been filed, indicating that the investigation has not revealed any violation of the LACA Code of Ethics or By-laws and the complaint file shall be closed.
      2. Once the investigation of said member has been closed, repeat charges of the same nature against said member will not be considered by the IAC unless substantial and compelling new evidence is submitted.
      3. In the event the determination is made that a violation has occurred, the following procedure shall be followed.
         1. The IAC shall notify the member against whom the complaint has been filed as to the extent and nature of the complaint. At that time, the member shall be informed of any possible actions or requirements which may be imposed upon the member and the member’s rights. Copies of all documents which are pertinent to the complaint shall be made available to the member. Said member shall file a response with the IAC no later than 30 days after receipt of notification. Additional time to respond may be requested, but such request must be in writing and received by the committee within the original 30-day period. The member may submit factual data, affidavits, or other documentation which the member feels will assist the IAC in determining the extent of the violation, if any.
         2. The IAC or the member may request a hearing. The time and place for this hearing shall be as mutually agreeable as possible; however, the committee shall make the final determination. This hearing shall be considered private and shall be limited to the member being investigated, his or her counsel, the IAC and its counsel, any interested members of the Executive Board, any pertinent witnesses, and any other party the IAC shall determine reasonable and necessary to the hearing.
         3. If, after review of the documents submitted and upon further investigation or hearing, if necessary, it is the finding of the IAC that there exists a violation requiring private censure, the private censure shall be imposed. A letter shall be sent from the IAC to the member indicating the requirements which the committee feels the individual member should, in the future, do or refrain from doing. Said letter of censure shall be sent by certified mail, delivery confirmation required.
         4. A copy of the private censure letter and any acknowledgment of receipt shall be placed in the member’s file. The file shall remain confidential, except as otherwise required by law or enforcement proceedings.
         5. In the event that the censured party refuses to comply with the requirements needed to insure membership in good standing, the member may be suspended as set forth herein.
      4. In the event the IAC determines that the nature and extent of the violations are so severe as to require imposition of suspension of membership, the following procedures shall apply:
         1. Upon determination by the IAC that the alleged violation, if true, would constitute grounds for suspension of membership, the IAC shall provide the member an opportunity for a hearing before the Internal Affairs Committee. If said member rejects the opportunity to have a hearing, said member should notify the IAC of his or her refusal in writing by registered letter.
         2. The IAC shall give the member notice of the time and place for a hearing, and shall hold a hearing whether or not the member rejects the opportunity to have a hearing. If the member accepts the opportunity to have a hearing, the time and place for the hearing shall be as mutually agreeable as possible; however, the IAC shall make the final determination. This hearing shall be considered private and shall be limited to the member being investigated, his or her counsel, the IAC and its counsel, any interested members of the Executive Board, any pertinent witnesses, and any other party the IAC shall determine reasonable and necessary to the hearing.
         3. The evidence shall be presented by the IAC Chair or the designated representative of the Chair. LACA may have legal counsel present.
         4. The member shall be entitled to be represented by legal counsel.
         5. All evidence shall be received by the IAC regardless of whether or not it violates hearsay or other legal evidentiary rules. The IAC shall present its evidence first. Then the member shall present his or her evidence. The member may have legal counsel present. Any committee member or party participant may question any witness who presents evidence at the hearing.
         6. Upon hearing or receiving all of the evidence, the IAC shall declare the receiving of the evidence closed and shall retire with legal counsel, if necessary, at a time and place of its selection, to make its determination. Determination of the committee shall be in writing to the Executive Board, setting forth the basis of its determination.
      5. If it is the determination of the IAC that a violation has not occurred, notification of that determination shall be transmitted to the member by the IAC. The case will then be considered closed.
      6. If the determination of the IAC is for suspension, that determination shall be set forth, with particularity. Copies of the finding(s) and determination(s) shall be supplied to the Executive Board. The Executive Board on behalf of the IAC shall inform said member of the findings by registered letter, requiring delivery confirmation.
      7. The member shall have 30 days from the receipt of the IAC’s determination to appeal the IAC findings to the Executive Board. The member may, within this 30 day interval, tender to the Executive Board any briefs, or other documents not previously presented to the IAC, which the member wishes the Executive Board to consider. Said information may include any mitigating circumstances which the member feels should be taken into consideration by the Board. The Executive Board shall review its entire file, including the determination of the IAC, and shall make a final determination, by meeting or conference call, as to the imposition of suspension within 60 days of final date for receipt of additional briefs or other documents from the member as set forth above. An affirmative vote of 75% of the Board members present at a quorum meeting or conference call shall be required for the imposition of suspension.
      8. If a 75% affirmative vote for the imposition of suspension is not received, the Board by majority vote may impose private censure.
         1. Upon affirmative vote to impose suspension by the Executive Board, said decision of the Board shall be sent by certified mail within seven (7) business days to the member, delivery confirmation required. The imposition of suspension shall take effect 15 days after the mailing of the suspension decision to the member. The findings of the Executive Board shall constitute a final decision by LACA.
      9. If suspension is imposed, the member shall, within 15 days of the effective date of the suspension, return to LACA all evidence of membership in said organization. The member shall thereafter in no way represent affiliation in any manner with LACA until reinstated. The individual shall have the one year term of suspension to rectify the circumstances leading to his or her suspension.
      10. The suspended individual may reapply for membership after the one year period of suspension has expired. A letter of explanation as to how circumstances leading to suspension have been rectified shall accompany the membership application to the Membership/Recruitment/Retention Committee (MRRC). If the circumstances leading to his or her suspension have not been rectified, the MRRC shall confer with the IAC with regard to this matter. If the IAC feels that the circumstances resulting in the original grievance decision have not been rectified, the IAC shall recommend to the Executive Board that it permanently terminate membership of said individual.