By-Laws of CHA
3rd AMENDED BY-LAWS
COMPREHENSIVE HEALTH ASSOCIATION
FOR ITS REGULATION, EXCEPT AS OTHERWISE PROVIDED BY STATUTE OR ARTICLES OF ORGANIZATION.
1) The principle office of the ASSOCIATION (as referred to in the accompanying ARTICLES OF ORGANIZATION) is in the State of California and is located in the County of Orange. The ASSOCIATION may have other offices either within or without the State of California as the President and Board of Directors may determine or as the affairs of the ASSOCIATION may require from time to time.
2) The President is hereby granted full power of authority to change said principle office from time to time from one location to another. Any such change shall be noted in the By-Laws opposite this section, or added to this Article as provided below. The address of the principle office of the ASSOCIATION is as follows:
1031 Rosecrans Ave.
Fullerton, Ca. 92833
3) Branch or other offices may be established at any time by the President and Board of Directors at each and every place where the ASSOCIATION is now or further qualifies to do business or carry on the functions of the ASSOCIATION.
4) The Resident Agent for Service of Process for the Association is:
Pro Business Coach, Inc.
1442 E. Lincoln Ave. # 352
Orange, Ca. 92865
5) It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
6) The signing of the Comprehensive Health Association’s Membership Certification indicates membership in the association and that the member intends to adhere to and accept all of the by-laws, rules and regulations of the association as they exist at the time of signing and as they may be changed in the future.
THE BOARD OF DIRECTORS
1) The business and affairs of the association shall be managed by its Board of Directors who may exercise all such powers of the association and do all such lawful acts and things as are not by statute or by the Articles of Organization or by these By-Laws directed or required.
2) The Board of Directors shall consist of not less than one (1) nor more than seven (7) Directors. The Directors shall be elected at the first meeting of the ASSOCIATION, except as hereinafter provided, and each Director shall hold office until his successor shall be elected and shall qualify. The First Board of Directors is to elected by the members of the association.
3) Any Director may be removed, whether for or without cause, either:
(a) at a special meeting of directors by the unanimous affirmative vote of the directors present in person or by proxy at such meeting and entitled to vote for the election of Directors, if notice of the intention to consider such matter shall have been given in the notice calling such meeting, or
(b) any director may be removed at any time by the affirmative vote of a majority of the directors of the association entitled to vote for Directors, it being valid for said vote to be registered either at any meeting of the directors or by written affirmative action submitted to the Secretary of the association. If any vacancies occur in the Board of Directors, whether by death, resignation, retirement, disqualification or removal from office or otherwise, a majority of the Directors then in office, though less than a quorum, may choose a successor, or successors may be chosen at a special meeting of directors called for that purpose; and each successor Director so chosen shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of Directors shall be filled by election at an annual meeting of the members or at a special meeting of Board of Directors called for that purpose.
4) A position on the Board of Directors is obtained by election by the membership at either a regular or special membership meeting and then by the unanimous approval of the existing parties serving on the Board of Directors.
5) The members of the Board of Directors, including the officers, serve for a period of twenty-five years, but they may resign their position at any time if they so desire. After a twenty-five year period of service the Board Member or Officer must indicate to the Board of Directors whether an additional term of office is desired. If no additional term is desired, a new Board Member must be voted upon at the next general membership meeting. If an additional twenty-five year term is desired, it may be granted by a majority vote of the Board of Directors.
6) The Board of Directors shall meet no less than once a year at a place designated by the President.
7) All decisions of the Board of Directors are to be passed by a majority vote unless otherwise indicated herein.
8) The Board of Directors will make all decisions as to the compensation of the officers and/or the disbursements of the ASSOCIATION funds.
9) The Board of Directors will determine nomination and election procedures for the ASSOCIATION.
10) The Board of Directors establishes and determines the ASSOCIATION'S policies and procedures.
MEETINGS OF THE BOARD OF DIRECTORS
12) The Directors of the ASSOCIATION may hold their meetings, both regular and special, either within or without the State of California.
13) Regular meetings of the Board of Directors may be held with or without notice at such time and place as shall from time to time be determined by the Board.
14) Special meeting of the Board of Directors may be called by the President on three days' notice to each Director, either personally or by mail, or by telegram, or such special meetings may be called by the President or Secretary in like manner and on like notice on the written request of one Director. The business to be transacted at, or the purpose of, any special meeting need not be specified in a notice or waiver of notice except where expressly provided by statute, the Articles of Organization, or by these By-Laws. It is provided, however, that any action taken by a majority of all Directors, whether at a meeting or in writing, signed by said Directors, shall be considered as valid and as binding as if it were the action of the Board of Directors at a duly called and qualified meeting, without regard to quorum or other prerequisites for such meeting.
15) At all meetings of the Board of Directors the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by statute or by the Articles of Organization or by these By-Laws. If a quorum is not present at any meeting of the Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than an announcement at the meeting, until a quorum shall be present.
COMPENSATION OF DIRECTORS
16) Directors, as such, may receive a stated salary for their services, or by resolution of the Board, a fixed sum and expenses of attendance may be authorized. Nothing herein shall be construed to preclude any Director from serving the ASSOCIATION in any other capacity and receiving compensation therefore.
1) Whenever under the provisions of the statutes, or of the Articles of Organization, or by these By-Laws, notice is required to be given to any Director or member, and no provision is made as to how such notice shall be given, it shall be construed to mean personal notice, but any such notice may be given in writing, by mail, postage prepaid, addressed to such Director or member at such address as appears on the books of the ASSOCIATION. Any notice required or permitted to be given by mail shall be deposited in the United States Mail as aforesaid.
2) A waiver in writing, signed by the person or persons entitled to receive a notice, whether before or after the time stated in such notice, shall be deemed equivalent to the giving of such notice. A waiver by telephone call is also acceptable.
1) The officers of the ASSOCIATION shall be elected by the Directors and shall be a President, and a Secretary-Treasurer. The Board of Directors may also elect one or more vice-presidents and one or more assistant secretary-treasurers. The same person may hold any two or more offices.
2) The Board of Directors may appoint such other officers and agents as shall be deemed necessary, who shall be appointed for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board.
4) The salaries of all officers and agents of the ASSOCIATION shall be fixed by resolution of the Board of Directors. However, said officers and agents can choose to serve without compensation.
5) Each officer of the ASSOCIATION shall hold office until his successor is chosen and qualified or until his death or until his resignation or removal from office. An officer or agent elected or appointed by the Board of Directors may be removed at any time by the unanimous affirmative vote of the entire Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy may be filled by the Board of Directors.
6) The officers of the ASSOCIATION are to be included in the number of members to the Board of Directors.
1) He/she is responsible for all aspects and operations of ASSOCIATION.
2) He/she presides over the meetings of the Board of Directors.
3) He/she is elected by the Board of Directors for an indefinite term as he/she so desires to serve, but may resign the post at any time.
4) The President can be removed from his/her office by the unanimous vote of the Board of Directors only under the following conditions:
A. When and if he/she misappropriates ASSOCIATION funds or commits fraud, or...
B. If in the estimation of three (3) physicians he/she is found mentally or physically unable to perform his duties.
The above, hereinafter are referred to as the Standards of Conduct. If the Board of Directors does remove the President from his/her office, a new President must be elected by a unanimous vote of the Board of Directors, immediately.
5) He/she has the authority to call special meetings of the Board of Directors, if in his/her opinion he/she finds such meetings to be in the best interest of ASSOCIATION.
6) He/she is empowered to delegate any function of the office as he/she deems necessary.
1) He/she assumes the duties of the President if for any reason the President is either unable to perform the duties of his/her office or is in a position that prevents him/her from enacting said duties.
2) He/she assumes the Presidency if the President is removed from office.
3) He/she is elected by the Board of Directors for an indefinite term as he/she so desires to serve, but may resign the post at any time.
4) The Standards of Conduct that apply to the President also apply to the Vice-President.
1) Is responsible for maintaining the minutes of all meetings of the Board Of Directors, general meetings and conventions and any other functions or records of ASSOCIATION. The Secretary shall attend all sessions of the Board of Directors and all meetings of the members and record all votes and the minutes of all proceedings in a book to be kept for that purpose. He shall give, or cause to be given, notice of all meetings of the members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or President, under whose supervision he shall be.
2) Further is specified the responsibility for the collection and distribution of ASSOCIATION funds and their according accounting.
3) The Secretary-Treasurer is elected by the Board Of Directors for an indefinite term as he/she so desires to serve, but may resign the post at any time.
4) The Standards of Conduct that apply to the President also apply to the Secretary-Treasurer.
CHECKS, DRAFTS, DEPOSITS, ETC.
The President will sign all checks, drafts, etc. or any other Officer so designated by the Board of Directors. The Officers of ASSOCIATION are authorized to make deposits of funds at any Bank, Trust Company or other depository so designated by the Board of Directors.
The amount of indebtedness that the ASSOCIATION may incur is to be decided by the Board of Directors. It will be limited to the amount of cash, reserves, and assets the ASSOCIATION has on hand to pay its obligations.
ASSOCIATION RECORDS and PRIVACY
The Association’s books and all association records shall not be made public or available to non-members of the association. However, members may view the association organizational books at the association’s designated office and can have access to their own records when they provide a written request for their own records to the Board of Directors. A member’s records will only be released to the member if those records are requested in writing to the Board of Directors. The requesting member agrees not to disclose these records to non-members of the association without the expressed consent of the Board of Directors.
Association records will be kept at either the principle office of the association or at a place so designated by the Board of Directors for viewing by the members.
No member of the association may reveal any information about the association or its members to anyone or anything under any circumstances, which includes but is not limited to the internet, postings, blogs, emails, texts, or any other form of communication to any third party, without the written permission of the President of the Association. Since the privacy of our members and member records is a matter of extreme importance to our association, any violation of this article by any member or non-member will result in such disciplinary action as may be decided by the President of the Association and there is no limit to what penalties or actions may be levied upon the offending party.
AMENDMENT TO THE BY-LAWS
These By-laws may be amended, repealed, altered or changed, in whole or in part, from time to time, only in the following manner:
1) A petition must be written and submitted to the general membership and can be proposed by any member. If that petition is signed by a majority of all members it may then be submitted to the Board of Directors who will consider the petition at their next meeting of the Board of Directors. The petition will be accepted or rejected by the Board of Directors at their discretion.
2) Any member of the Board of Directors may propose that any article of the by-laws be amended, repealed, altered or changed, in whole or in part, at any meeting of the Board of Directors.
3) If a decision is made to amend, repeal, alter or change any article of the by-laws such a decision can only be made upon the unanimous vote of the Board of Directors.
The President is empowered to convene special meeting of the Board of Directors or the General Membership, when in his opinion such special meetings are in the best interest of ASSOCIATION or to transact any special business.
The President, or Secretary-Treasurer if so directed by the President, has full and complete control of the General Fund under the auspices of the Board of Directors. The General Fund will pay all of ASSOCIATION'S expenses.
MEMBERSHIP REQUIREMENTS & REGULATIONS
Requirements for membership into the ASSOCIATION are as follows:
1) All persons above the age of 18 years of age, regardless of sex, creed or national origin, may be eligible for membership, unless otherwise qualified and elected as the By-Laws of the ASSOCIATION may provide. It is mandatory for the officers and members of the Board of Directors of ASSOCIATION to be members of the ASSOCIATION.
2) Membership is not otherwise limited unless it is so indicated by the Board of Directors.
3) All persons seeking membership must make an application to the Board of Directors who will then review the application and immediately make the determination as to whether or not membership will be offered.
4) All members must agree to abide by the by-laws, procedures, rules and regulations of the ASSOCIATION. If for any reason it is determined that a member is not abiding by them, the Board of Directors may take such action as they deem necessary.
5) All members agree never to bring any law suit against the ASSOCIATION without first utilizing the Association's grievance procedures described in Article 27. All members agree never to involve the ASSOCIATION in any lawsuit unless otherwise authorized by the Board of Directors. Further, should any legal action be brought against any member, said member must agree to completely exonerate and hold blameless the ASSOCIATION and its officers in any such action. All members of the ASSOCIATION agree not to bring any lawsuit against any officer of the ASSOCIATION if said officer of the ASSOCIATION performs work on behalf of the ASSOCIATION for no compensation. All members of the ASSOCIATION agree that, if a lawsuit is ever brought against or by any member of the ASSOCIATION, said member of the Association will hold harmless and defend the Association, its officers, and its members as a result of and or from any lawsuit. All members agree to completely exhaust all administrative remedies provided for in the Association's grievance procedures to resolve any dispute before filing or commencing any legal action through Arbitration, Small Claims Court, State Superior Court, or Federal Court.
6) If membership is ever terminated by the ASSOCIATION or the member, the ex-member must relinquish all claims against the ASSOCIATION.
7) If membership is ever terminated by the death of the member, said member's heirs and or assigns will have no claims against the ASSOCIATION.
8) TERMINATION OF MEMBERSHIP: A member may terminate membership in the Association at any time provided a written notice is given to the association by certified mail with a return receipt requested of the member’s desire to terminate membership. Likewise, the Association may terminate membership of a member in the Association at any time provided a written notice is given to the member by certified mail with a return receipt requested of the Association’s desire to terminate the membership of the member. Termination is effective as of the date on the certified mail.
Non-members are not entitled to receive any ASSOCIATION benefits.
GRIEVANCE COMMITTEE & ACTIONS
The Board of Directors may appoint a Grievance Committee that will receive all complaints against any member. They have the authority to investigate such claims and make a report of their findings to the complaining members and the President. The Grievance Committee will then make a recommendation of actions that can be taken by the complaining member or the President. If in the opinion of the Grievance Committee there is probable cause for the grievance to proceed, the grievance will then follow the procedure indicated in Article XXVII.
MEMBERSHIP MEETINGS AND CONVENTIONS
1) There may be one yearly convention of all members to be held at a place and time so directed by the Board of Directors.
2) There may be as many general membership meetings as designated by the Board of Directors.
3) Attendance to conventions and meetings are not mandatory.
4) At all meetings and conventions, should a vote be taken, only members are allowed to vote. However, if so deemed appropriate by the Board of Directors, such a vote can be tendered by mail.
5) All meetings and conventions are conducted in accordance with Robert's Rules of Parliamentary Procedure.
The ASSOCIATION is authorized to provide certain benefits to its members and undertake whatever means necessary to secure those benefits as directed by the Board of Directors. These benefits can include, but are not limited to: obtaining insurance, obtaining goods and services, obtaining & providing information, counseling, financial planning, special representations, business planning and consultation. All benefits may be supervised, controlled, and are under the auspices of United Associations of which Comprehensive Health Association is a member if United Associations provides those benefits.
The association, it's directors, or officers are authorized by the members to act on their behalf as their agent to obtain, negotiate, and manage benefits, which in their estimation are beneficial to the association, and or the individual members. Likewise, the members of the association agree to be bound by all the actions performed on their behalf by the association, it's directors, or officers. In addition the members agree to hold harmless the association, it's directors, it's officers, and all other members for it's actions and if any dispute or grievance should arise that the aggrieved member will first utilize the association grievance procedures set forth in the by-laws.
DUES AND CONTRIBUTIONS
The ASSOCIATION operates as a result of the income derived from the dues paid by the members and contributions from various other sources as to be identified and authorized by the Board of Directors.
1) The amount of membership dues to be assessed will be determined by the Board of Directors. Such dues will be due and payable according to the mandates of the Board of Directors.
2) The amount of the percentage to be contributed to the General Fund from dues, contributions, and other sources will be determined by the President and the Board of Directors.
3) Membership dues and contributions can vary according the mandates of the Board of Directors and the needs of the ASSOCIATION.
DISTRIBUTION OF PROFITS
If the ASSOCIATION should generate any profits they will be distributed as follows:
1) All profits will be distributed at the end of each calendar year as follows:
a) 50% of all profits will be maintained in the general fund.
b) 50% of all profits will be distributed to the membership.
2) The Board of Directors may suspend or pass the payment of such profits or installment of earnings at their discretion.
The maintenance of all equipment or services is the responsibility of the President who is empowered to see that all repairs, if any, are efficiently and effectively performed.
STANDARDS OF CONDUCT
Members or officers of the ASSOCIATION all agree that under no condition will they abuse the privileges or benefits of their position or membership. This is to include violations of any Federal, State or Local laws or regulations.
LIABILITY / DISPUTES
All members will hold blameless and without any liability ASSOCIATION, its officers, Board of Directors, and other members from any action resulting from any legal action that may brought against any member of ASSOCIATION. Further, should any legal action be brought against any member, said member must agree to completely exonerate, and hold blameless the ASSOCIATION in any such action.
Grievances by any member must first and always be reported to the Grievance Committee. After the reporting of any grievance, the Grievance Committee and the aggrieved party shall follow the grievance procedure specified in Article XXVII.
If any member violates these by-laws, said member will be subject to such disciplinary actions as may be authorized by the Board of Directors. There are no limits to the actions that may be undertaken by the Board of Directors, and if the offending member is determined by the Board of Directors to be guilty of a violation of the by-laws, said offending member agrees to pay any and all attorney fees as well as any other costs or fees incurred by the Association in prosecuting such a violation.
Members are not required to exclusively utilize the ASSOCIATION services. Members are allowed to undertake other business enterprises, form other business relationships, etc., provided that there be no conflict of interest with the activities of ASSOCIATION or any resulting obligations.
CATEGORIES OF MEMBERSHIP & DUES
The Board of Directors of the ASSOCIATION may designate and create as many levels of membership as they feel are in the best interest of the ASSOCIATION. The initial categories of membership are:
(a) General Membership
(b) Professional Membership
(c) Director Membership
(d) Corporate Membership
(e) Professional Associate Membership
The benefits attached to each membership and corresponding dues or obligations are to be determined by the Board of Directors and may be changed from time to time in accordance to their determination. Only Director Members may vote to determine the actions of the Association.
Since the economics of providing services for the membership can change drastically over a period of time, the ASSOCIATION is empowered to undertake whatever actions must be taken and execute accordingly any plan or methodology necessary to find solutions to the problems that face its members provided it does so upon the approval of the Board of Directors.
If at any time a member or the President finds himself/herself or the association aggrieved in any manner, said member or the president agree and are required to bring this matter to the attention of the Grievance Committee to resolve any dispute or alleged wrong-doing by the offending member or members. The Board of Directors will accord said member his/her constitutional right to resolve the dispute and be heard in accordance to the general guidelines of the United States Administrative Procedures Act in one of either or both manners.
(a) Informal Hearing: Said aggrieved member will be given the opportunity to be heard in the manner and form so decided upon by the Board of Directors. The primary procedure is to file a complaint in writing and submit it to the Grievance Committee. The Grievance Committee will investigate and submit their findings to the Board of Directors. The Board of Directors will then make a decision regarding the case and relay their decision to the Grievance Committee. The Grievance Committee will then relay the decision of the Board of Directors to the aggrieved member. If said aggrieved member is dissatisfied with the decision of the Board of Directors, said aggrieved member is entitled to a formal administrative hearing which may be obtained by writing a petition to the Board of Directors requesting an Administrative Mediation.
(b) Administrative Mediation: If either party is dissatisfied with the judgment of the Disciplinary Committee, either party must then request Administrative Mediation. There is no cost to the disputing parties for this association service. The Association will provide a location for both parties to meet, and negotiate in good faith, and must attempt to reach an equitable solution. Failure to attend the mediation or negotiate in good faith will result in a default judgment rendered on behalf of the attending party or cooperative party. If the parties cannot reach a mutually acceptable resolution after a sincere effort (as acknowledged by the Mediator selected by the Grievance Committee) then the parties can seek their remedies in a Formal Administrative Hearing.
(c) Formal Administrative Hearing aka Arbitration: If a formal administrative hearing is conducted, it shall be conducted at a place and time so directed by the Grievance Committee. However, all parties must agree to the following conditions:
(1) The hearing will take place in a place designated by the Grievance Committee.
(2) The hearing will be conducted in the State of California in Orange County.
(3) The hearing will be conducted under the general guidelines of the Administrative Procedures Act by a Hearing Officer selected by the Grievance Committee.
(4) Both disputing parties must each pay $750.00 to the association to cover the cost of the hearing at the time of the filing for the hearing. If the amount of $1,500.00 is less than the cost of this action, the cost is proportionately refundable to the parties.
(5) The aggrieved party will be referred to as the Plaintiff. The person to whom the complaint is directed will be referred to as the Defendant.
(6) After the Plaintiff makes the request for a Formal Administrative Hearing, the Plaintiff will file a statement with the Grievance Committee stating the actual complaint and how the Plaintiff wants to be compensated.
(7) The Grievance Committee will be responsible for all scheduling issues. The Hearing will be tape recorded. If any party wants a written copy of the record, they shall be responsible for the cost of producing a written record.
(8) The Grievance Committee Chairman will be responsible for communicating with all parties and making sure that all parties are informed of any hearing requirements, deadlines and scheduling.
(9) Prior to commencement of the pre-hearing procedures, which begin upon the service upon both parties of the hearing date, if the Plaintiff withdraws the request for a hearing, both parties will receive the entire amount of their deposit. After the pre-hearing procedure begins, no refund will be given.
(10) After the Hearing date is selected the following pre-hearing procedures are to be followed by all relevant parties.
a. 90 days prior to the hearing, both opposing parties will serve upon each other any requests for evidence in the possession and control of the other. If a cost is involved producing this evidence, it will be paid for by the requesting party.
b. 60 days prior to the hearing, the requested items are to be delivered to the requesting party. Failure to do so will result in sanctions to the offending party unless good cause is established for the delay. However, any such delay will result in the advancement of the hearing date.
c. 30 days prior to the hearing, both parties will serve upon each other a list of the items or documents they will introduce at the hearing and a list of all witnesses that will be called to testify. Both parties will notify the Grievance Committee as to how much time their presentation will last. No witnesses or evidence will introduced at the hearing that has not been previously disclosed.
(11) On the day of the Formal Administrative Hearing:
a. Both sides will give an opening statement of their position.
b. The Plaintiff will present his case.
c. The Defendant will present his case.
d. After both sides have finished their presentations the Hearing Officer will announce the following briefing schedule.
(12) Simultaneous Opening Briefs will be served by the opposing parties upon each other and the Hearing Officer 45 days from the date of the delivery of the tape or transcript.
(13) Simultaneous Reply Briefs will be served by the opposing parties upon each other and the Hearing Officer 30 days from the date of the delivery of the transcript.
(14) The Hearing Officer will render a final and binding decision, in writing, 30 days after the Hearing Officer receives the Reply Briefs and will so inform the parties, the Grievance Committee, and the Board of Directors.
(15) Both parties may represent themselves. An attorney may represent any party at any phase of these procedures. Only one person per side will be allowed to speak during the presentation of their case.
(16) All parties may obtain a written transcript of the administrative proceedings, but each must pay for a copy of such a transcript.
(17) The decision of the Hearing Officer, once issued, is binding on all parties at the time of issuance. And there is no limitation upon the Hearing Officer with respect to the amount to be awarded the prevailing party with respect to that final judgment.
(18) The collection of any damages thereafter will be the responsibility of the prevailing party.
(19) If the losing party is dissatisfied with the result of the administrative hearing, said party has the option to appeal that decision to the Board of Directors. However, said appeal must be filed within 30 days of an adverse Hearing Officer’s decision. If said appeal is not filed within the above prescribed 30 days, the losing party herein forfeits the right to such an appeal.
(20) Formal Administrative Appeal: The appealing party will pay the cost of the Administrative Appeal by depositing the sum of $1,000.00 with the Treasurer of the Association prior to the making his/her request for a hearing.
(21) The Administrative Appeal will be conducted as follows.
a. The Administrative Appeal will be conducted in writing. The Appealing Party will submit 3 legal briefs consisting of any number 8 ½ by 11 pages, with one inch margins, double spaced and with type face not less than 14 points. All exhibits will be attached and consecutively numbered or lettered. The brief should be contained in a three ring red binder. These briefs should be delivered to the Grievance Committee within 45 days of the filing for the appeal. This brief will be referred to as the Appellant’s Brief.
b. The Responding Party will have 45 days from the receipt of the Appellant’s Brief to submit 3 legal briefs consisting of any number 8 ½ by 11 pages, with one inch margins, double spaced and with type face not less than 14 points to the Grievance Committee. All exhibits will be attached and consecutively numbered or lettered. The brief should be contained in a three ring blue binder. This brief will be referred to as the Respondent’s Brief.
c. At this level, either party may use an attorney to aid them in the preparation of these briefs. The Grievance Committee will submit these briefs to three members of the Board of Directors of the Association who shall be known as the Appeals Judges.
d. The Appeals Judges will review both briefs and render a decision in writing to be delivered to the Grievance Committee within 90 days of the receipt of the briefs. However, for the decision to be binding, it must be rendered upon a majority vote.
(22) The decision of the Appeals Judges, once issued, is absolutely binding on all parties at the time of issuance.
(23) If either party is still not satisfied with the judgment, this judgment may be appealed for review by Commercial Arbitration. It is agreed that the commercial arbitration company that must be used for this purpose is known as JAMS. However, if for any reason JAMS is no longer in business, the Board of Directors of the association will select, at their discretion, another commercial arbitration company if an additional appeal is desired.
(24) After this review by a commercial arbitration company, if either party is still not satisfied, they may seek the remedies provided by the California Code of Civil Procedure Section 1295.
(25) Failure to follow the grievance procedure will subject the offending party to action by the Grievance Committee, and the offending party herein agrees to pay any costs incurred by the association related to defend the action of the offending party, to include but not limited to all related fees, court costs, transcript fees, and Attorney fees. The disciplinary action against the offending party will be the responsibility of the Grievance Committee and they may take whatever form they determine to be just and proper. However, this decision is subject to review by the Board of Directors.
(26) Once the grievance procedure is begun it must be completed as specified by this Article in sections (c) (1) through and including (c) (24). However, at any time during this procedure, the parties are given the option to reach a mutually agreed settlement, or withdraw the grievance, or reach whatever resolution may be mutually acceptable to the parties.
All member and association information may not be divulged by any member to any non-member. It is also recognized that
(A) Association members may also have information in written and oral form, or that may be obtained through experience gained from membership in the association that contains proprietary, personal, and/or confidential information;
(B) All association members agree to hold such information in confidence and not use it other than as directed by the Board of Directors; and
(C) If it is found that association information has been divulged by any member, the Board of Directors is authorized to take whatever disciplinary actions they deem necessary which can include, but are not limited to fines, expulsion, restriction of membership privileges, or personal liability for any legal, administrative or other consequences of their actions.
(D) All association members agree that any and all member information that may otherwise be subject to HIPPA regulations pursuant to 45 CFR Section 164.512, if Article XXVI is invoked, or if the association's administrative grievance procedure is requested, or if an action by a member is under investigation by the Grievance Committee, or if an action isundertaken by any member pursuant to Article XXVII.
MEMBERS & BYLAWS
It is accepted that the by-laws may change from time to time. The current by-laws are always available for viewing on the internet at the association’s web-site. However, if a member does not have access to a computer, upon request, a computer will be made available in the offices of the association for viewing by any member of the association. A written copy of the by-laws will be made available to any member who so desires them. All members accept the responsibility of knowing and understanding the current by-laws of the association and agree to abide by the current by-laws as they exist or as they may change in the future.
The foregoing By-Laws are hereby adopted by the undersigned of said ASSOCIATION on this the 15th day of September, 2010.
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