Friday, March 31, 2017

Association Disciplinary Procedures

Occasionally issues arise within an association that warrant address by the Board of Directors. When issues do occur, it is important that all parties be treated equitably and without prejudice. By clearly outlining the policies and procedures used to address issues, we hope to ensure the fair treatment of all of our members. 

The KGBA Code of Conduct and Disciplinary Procedures have been created and unanimously accepted by the KGBA Board of Directors. While most votes by the BOD simply require a quorum majority in order to pass, modifications of these documents require the unanimous support of the entire BOD.


KGBA Disciplinary Procedures

Complaints
A complaint may relate to a personal grievance, a collective grievance or an alleged breach of the KGBA Code of Conduct or other serious matter.

Raising an issue informally
It is anticipated that most issues can be resolved at local level between the parties involved, ie between members themselves, or with the assistance of another member, Chapter Leader or individual Board member. For individuals uncomfortable addressing an issue directly, a complaint can also be sent to any Board member and addressed informally while maintaining complainant’s anonymity. The sooner an issue is raised informally the better as it can often be resolved quickly and in a low key manner. 
Where this is not possible/appropriate or where such an approach fails to address the matter satisfactorily, the formal complaints procedure should be followed.

Formal Complaints
This procedure is intended to be used only where issues cannot be resolved at local level with other members or local leaders. The aim of this procedure is to ensure that all association members and affiliates act in a manner designed to protect the good name of the KGBA.

Disciplinary Procedure
Formal complaints must be submitted in writing to the KGBA’s primary address, clearly stating the issue and relevant details and signed by the Complaining Party. The complaint should identify any efforts (where applicable) that were made to try and resolve the matter personally or at a local level. Complaints relating to the misrepresentation as to the pedigree of any animal bred or owned by him/her; the willful misrepresentation of facts concerning any animal owned or bred by him/her; the use of fraud, deception or misrepresentation in securing any membership offered by the Association; or any conduct detrimental to the Association will be dealt with under the disciplinary procedure. Conduct detrimental to the Association is defined as any conduct which tends to injure the good name of the Association, disturb its well-being, hampers it in its work or violates its Code of Conduct.

All complaints will be submitted to the Board of Directors. If the Board determines the complaint justified, the Association will send a copy of the complaint to the Respondent by certified mail at the Respondent’s last known address as reflected in the Association records. Within twenty-one (21) days of Respondent’s receipt of the complaint from the Board of Directors, the Respondent may file an answer to the complaint setting forth any defense to the charges in the complaint or any other matter Respondent believes helpful to the resolution of the Complaint. The answer shall be sent to the current address of the Association’s principal place of business. Once the board has received the complaint and response, or the time for receiving a response has expired, the Board of Directors shall address the complaint and response. If the complaint is deemed justified, a hearing will be conducted within sixty (60) days. At least a two-thirds (2/3) majority of the members of the Board of Directors voting shall be required for the acceptance of any disciplinary action taken against a member. If a complaint is brought against a Board member, he shall recuse himself from taking part in any aspect of the complaint procedure, investigation of misconduct or hearing process. If a Board member becomes a Complainant, he shall strictly limit his participation in the complaint process to that of a Complainant and shall recuse himself from otherwise participating in any other aspect of the complaint procedure, investigation of misconduct or hearing process. Any issue, procedural or otherwise, that arises during the complaint process that is not specifically covered by this Article, shall be determined by the Board of Directors.

The disciplinary action available to the Board as to both members and non-members includes, but is not limited to any one or more of the following (in order, based on severity of misconduct):

·         An informal warning as to future conduct
·         A formal (recorded) warning as to future conduct
·         Require a letter or apology within a specified time
·         Denial of privilege to advertise in KGBA official publications
·         Revocation of participation privileges in all KGBA approved events (including sanctioned shows) for a definite or indefinite period
·         Denial of privilege to judge or evaluate Kinder goats for a definite or indefinite period
·         Revocation of participation in KGBA board, groups or committees for a definite or indefinite period
·         Revocation or denial of membership privileges or access to KGBA services for a definite or indefinite period of time
·         Permanently terminated membership privileges
·         Suspension of the use of any registered herd names
·         Terminating in whole or in part a participating non-member’s access to KGBA services
·         Taking any other lawful action the Board deems appropriate
·         Registration certificates may be corrected or cancelled and registration applications denied if deemed false or fraudulent

Appeal
The member or members have the right to appeal the outcome of the KGBA Board/Disciplinary Committee’s decision. An appeals Board will be established by the President, consisting of one Board member and at least two independent club members from outside the Committee. This decision shall be final and binding.

No Duty: Nothing in the KGBA bylaws or disciplinary procedures shall impose any duty or obligation on the KGBA to either initially investigate or continue to investigate any complaint, or to enforce any purported contract or agreement between the parties to any transactions. In the event any court action is commenced which relates, mentions or pertains, in any manner, to a complaint, KGBA, in its sole discretion, may either temporarily or permanently terminate its investigation.

Animal Abuse - Upon review by the Board of Directors, a member found guilty of animal abuse in a civil or criminal court will automatically be reviewed by the Board of Directors and, if deemed appropriate, expelled from membership and denied use of the registry and its services. If the individual is not a member, he/she may be denied future membership and use of the registry and its services.


**No Director or member shall serve as a hearing officer or member of a hearing committee who has a financial interest in the outcome of the proceeding. 

KGBA Code of Conduct

The Kinder Goat Breeders Association, its directors and members strive to always reflect the highest standards of honesty, good will and integrity. The KGBA and its members have a responsibility to do more than avoid improper conduct or questionable acts. Our moral values must be certain and positive so that others will be influenced by our example. This code applies to all members that breed and sell Kinder goats as well as those attending KGBA events, discussions, meetings, and using social media. Violating our Code of Conduct demeans the integrity of our Association and devalues our goats and our purpose. Violating the KGBA Code of Conduct may result in disciplinary actions as described in the KGBA Disciplinary Procedures.

Members of the Kinder Goat Breeders Association, and its public forums and events, subscribe to the following Code of Ethics. They are committed to conducting themselves in a manner that:

  1. Reflects the goals, philosophy, and procedures as set forth by the KGBA.
  2. Honors the core values of integrity, respect, and accountability, as this is at the heart of everything that we do.
  3. Maintains a high level of ethical behavior.
  4. Refrains from creating disharmony in the Association by attacking the good will of other members or the organization; the flaming of a member or officer on the web or in public constitutes creating disharmony.
  5. Reflects stateliness and integrity at any breed organization function in such a manner as to enhance the image of the Kinder Goat Breeders Association over oneself; to refrain from misrepresenting the organization; to respect the Officers of the Association.
  6. Expresses good sportsmanship in all activities.
  7. Refrains from a conflict of interest or the perception thereof.
  8. Refrains from threatening actions, poor language, or unnecessary criticism of other breeders or their goats.


In addition, they commit to:
  1. Maintain accurate individual records so that the Kinder Goat Breeders Association and Registry is accurate overall.
  2. Provide accurate and appropriate registration documents to purchasers of one's breeding stock.
  3. Utilize safe animal husbandry practices to insure the health and well being of one’s Kinder herd.
  4. Treat our animals kindly and humanely.
  5. Be candid and forthright in dealing with the public and potential purchasers of one's stock.
  6. Be knowledgeable about the Kinder Goat Breed Standard and thoroughly familiar with the various faults one may encounter in a breeding program in order to preserve and protect the authenticity of the gene pool.
  7. Always maintain integrity in dealings and make every effort to maintain a good breed standard.
  8. To help educate the general public as well as to assist the novice breeder.

**KGBA does not discriminate on the basis of age, disability, economic status, ethnicity, gender, race, religion, political affiliation or sexual orientation.

***This Code of Conduct passed by vote of officers of the Kinder Goat Breeders Association February 13, 2017.

Saturday, March 25, 2017

KGBA Proposes By-Law Changes

If you are a current member of the Kinder Goat Breeders Association, you have recently received a Bylaw Amendment Proposal in the mail. If changes to the KGBA bylaws are made, they will affect the Association for years to come and should not be taken lightly. The Board of Directors has carefully considered whether or not these changes are truly needed, and and we unanimously agree that they are necessary and beneficial to the association. We ask that you consider them as carefully as we have, - ask questions, have discussions and consider how they will affect the entire association now and in the future. Once you have made your decision, please vote! The success of our association depends on the interest and involvement of our membership.


  

KGBA BYLAW AMENDMENT PROPOSAL

To remain a vital and relevant non-profit organization, the KGBA must be adaptable, exchanging practices that don’t work for ones that do.  At times, it becomes necessary to amend or change the bylaws to reflect working precedents set by past administrations, and to allow the association to run more smoothly and effectively in years to come.


Accordingly, the Board is advancing several bylaw proposals this year.  What follows are the existing bylaws in question and the changes that are being proposed. The KGBA Board of Directors has approved the proposed bylaw changes, and is presenting them for consideration by the general membership of the Kinder Goat Breeders Association. Please note that any changes to the bylaws require a majority vote of members. 

1) ARTICLE XV - AMMENDMENTS TO THE BY-LAWS - AMENDMENTS BY MEMBERSHIP -
Proposal – To allow for future amendments to the Kinder Goat Breeders Bylaws even in cases of low voter turnout, by changing the requirement for amendment to require a “simple majority vote” rather than a “majority of the eligible voting membership.”
(Currently, if we have 1000 members who are eligible to vote, at least 501 of them must vote for the bylaw change in order for it to pass.)

EXISTING BYLAW: These by-laws may be amended or repealed at any regular meeting or special meeting of the membership, provided that the majority of the eligible voting membership vote in favor of such amendment or repeal, and provided further that copies of the proposed by-law changes have been furnished to each voting member by mail or hand delivered NOT LESS THAN TEN (10) DAYS preceding the meeting at which such proposed changes are adopted or rejected.

PROPOSED AMENDMENT: These by-laws may be amended or repealed at any regular meeting or special meeting of the membership, provided that the simple majority vote in favor of such amendment or repeal, and provided further that copies of the proposed by-law changes have been furnished to each voting member by mail or hand delivered NOT LESS THAN TEN (10) DAYS preceding the meeting at which such proposed changes are adopted or rejected.

2) ARTICLE IV – MEMBERSHIP
Proposal – to implement a standard of behavior by which all members are expected to adhere, (and allow the Association to hold members accountable for their actions) by adding the following Article Sections to existing Bylaws:

PROPOSED AMENDMENT: Code of Conduct and Disciplinary Procedures
Membership in the Association is a privilege, not a right. Any member or non-member who violates in any manner the Code of Conduct or any other rule or regulation duly adopted by the Board of Directors; commits any act of deception to the Association or any attempt to deceive the Association, a member or nonmember in regards to the ownership or pedigree of any KGBA registered animal, or in supplying information for the Association’s records; whose behavior is deemed to be detrimental or counter to the interests of the Association, its programs, policies, objectives, or its members; or whose conduct has or will endanger the welfare, good name or credit of the Association, may be sanctioned, censured, suspended or expelled from membership in the Association and denied all privileges of the Association, including, without limitation of the generality of the foregoing, the privilege of registrations or change in ownership of Kinder goats on the records of the Association by the process as outlined in the KGBA Disciplinary Procedures. Any changes to the Code of Conduct and/or Disciplinary Procedures must be approved by unanimous vote of the entire Board of Directors.

3) ESTABLISHMENT OF CHAPTERS, CLUBS AND GROUPS (REGIONAL, LOCAL OR SOCIAL MEDIA) 
Proposal – to implement a standard procedure for the establishment and dissolution of Chapters, Clubs and Groups affiliated with the Kinder Goat Breeders Association.
PROPOSED – establishment of KGBA (affiliated) chapters, groups, and clubs must be requested in writing as described in “Chapter, Club and Group Establishment,” and must be approved by a majority vote of the KGBA Board of Directors. Once established, will be considered official affiliates of the KGBA, and receive all associated benefits. Affiliates must follow all rules and procedures as described in “Chapter, Club and Group Establishment” documents. The Board of Directors may terminate the Association’s affiliation with any Chapter that does not adhere to Association Bylaws, Code of Conduct or engages in activities detrimental to the Association.