|
Policy No. 1 - Membership
A. Screening: The names of all applicants shall be published to the membership.
If no objection is received within thirty (30) days after publication, the applicant is deemed
accepted.
B. Objections: If an objection is received within thirty (30) days, the application
will be held in abeyance until the applicant submits a written reply to the objection or appears
in person at a board meeting to answer personally.
If no written reply or waiver of right to reply is received, the application shall be considered
rejected and applicant's dues refunded.
C. Retired/Inactive Members: Any member, who has been a member in good standing for an
uninterrupted period of at least five (5) years and has retired or become inactive in the field
of process serving, shall be eligible to apply to the board of directors for a Retired/Inactive
class of membership. It will be the determination of the board to approve or disapprove the
member's request.
Annual dues will be set for this class of membership at the annual conference.
This class of membership will entitle the member to receive a subscription to The Docket Sheet,
have their name, address and telephone number printed in the membership directory (if requested),
and receive a copy of the membership directory.
The retired/inactive class of membership will have no voting rights. In the event a member in
this class returns to an active role in the profession, they will be required to become a full
member.
D. Honorary Member: The Board of Directors at their discretion may designate any person
an Honorary Member. Honorary members will be exempt from annual dues and will have no voting
rights.
This class of membership will entitle the member to receive a subscription to The Docket Sheet
and to have only their name printed in the membership directory.
The Board of Directors at their discretion will have the power to delete any Honorary Member
designation previously conferred.
Policy No. 2 - Dues
A. Any applicant or member who because of hardship is unable to pay dues in full, may, in
writing, request the Board to grant a reduction or delay in payment. The Board may take whatever
action it deems appropriate in each case.
Policy No. 3 - Officers and Directors
A. Responsibility to Uphold Standards of Confidentiality
Members elected to the Board of Directors as an officer and/or director are vested with professional responsibilities in addition to those enumerated in the NAPPS Code of Ethics for members. The Board engages in deliberations of many matters having serious effects on the Association and individual members, and the Association can be significantly damaged by premature disclosure of confidential information. Therefore, each Board member must understand and uphold standards of confidentiality. Each Board member, prior to taking the oath of office, must agree to the following ethical standards to be contained in a confidentiality agreement, which is to be signed by the Board member.
1. Unless first authorized by the Board to do so, a Board member has no power or authority to speak for the Association.
For any matters handled by the Board in Executive Session:
1. A Board member will not disclose information about the Board’s and/or Association’s activities unless those activities are already known by the membership or have been published to the membership.
2. Notice to members of the Board’s decisions should be made in writing and in a manner that allows all affected parties to be informed at approximately the same time.
A. Consequences of Violating the Standards of Confidentiality
1. Questions as to whether a Board member has violated the Standards of Confidentiality may be raised by any member of the Board during an Executive Session of any regularly scheduled or specially scheduled Board meeting. The member alleged to have violated the standards of confidentiality should be provided the opportunity to be present during the meeting. However, the absence of this member shall not be cause for the Board’s refusal to conduct such a meeting.
2. The Board shall, by majority vote, determine what action, if any, should be taken to resolve the matter. The Board may vote to take no action if it is believed no violation of the standards of confidentiality has taken place, or the Board may vote to take such action including, but not limited to, an informal admonishment by the President, up to and including termination of NAPPS membership. With the exception of termination of NAPPS membership, all such discipline shall be determined by majority vote of the Board. No termination of NAPPS membership under this Policy shall be effected except by a two-thirds majority vote of the Board.
A. Conflicts of Interest
1. Board Members have loyalties to NAPPS and to their individual companies and even other State Associations. Board members must stay alert for potential conflicts, disclose potential conflicts to the board, and proceed with great care when dealing with situations where the conflict may arise. In many cases, the board member should consider abstaining from voting on an issue.
Policy No. 4 - Grievance & Arbitration
A. The President shall appoint a Chairperson to handle all matters involving grievance
and arbitration.
B. Any member who has cause to complain that a member of NAPPS has violated a provision
of the Bylaws or Code of Ethics may submit their complaint to the Chairperson in the manner
prescribed in this policy manual.
C. Any former member in good standing at the time of membership termination who has
cause to complain that a member of NAPPS has violated a provision of the Bylaws
or Code of Ethics, may submit their complaint to the Chairperson in the manner prescribed in this Policy
Manual, but only as a complaint based on facts which occurred while the former member was a
member but not more than one year prior to filing of the complaint.
D. Complaints regarding nonpayment of bills shall also be handled pursuant to the
procedures in this policy manual. Any former member in good standing at the time of membership
termination who has cause to complain that a member of NAPPS has violated a provision of the
Bylaws or Code of Ethics, may submit their complaint to the Chairperson in the manner prescribed
in this Policy Manual, but only as a complaint based on facts which occurred while the former
member was a member but not more than one year prior to filing of the complaint.
E. Should the Chairperson be involved in the complaint, the grievance shall be submitted
to the President who will serve as, or appoint, a temporary Chairperson for this matter only.
F. Procedure For Filing Non-payment Grievances
 F-1 The complaining member
(hereafter referred to as "Complainant") after taking reasonable steps to collect a debt
which is now 90 days delinquent, shall send an original Notice Of Pending Complaint to the
nonpaying member (hereafter referred to as "Respondent") by regular mail with a copy to the
Chairperson
F-2 If payment is not made
within fourteen (14) days of the date of mailing of the Notice Of Pending Compliant, the
Complainant may file a complaint by submitting the following documents to the Chairperson: 1)
the original Nonpayment Complaint signed by the Complainant, 2) a copy of the Notice Of
Pending Complaint, and 3) all supporting documentation.
F-3 All forms pertaining to
Grievance & Arbitration shall be on a form prescribed by the Board and shall be available in
the membership directory or by contacting the Chairperson.
G. Procedure For Filing Unethical or Unprofessional Conduct Grievances
G-1 Any member who has cause
to complain that a member of NAPPS has violated a provision of the Bylaws or Code of Ethics
may submit to the Chairperson a written complaint containing the sufficient particulars of
the grievance along with all supporting documentation.
G-2 The Chairperson may
appoint a neutral third party who will attempt to resolve the dispute of the parties. This
third party shall maintain a written record and attach the record to the complaint file along
with any resolution of the dispute. If the matter cannot be resolved, and the issues raised
are unique in nature, the matter shall be submitted directly to the Board. Otherwise, the
grievance procedure shall continue as outlined in Section G of this Policy Manual.
H. Procedure For All Grievances After Submission to Chairperson
H-1 The Chairperson will send
a copy of the grievance to the Respondent by reliable means The Respondent must reply in
writing, together with all supporting documentation to the Chairperson. The reply must be
received within fourteen (14) days from the date of the Chairperson's letter containing the
complaint, or within such additional time as the Chairperson, in his/her discretion may grant
for good cause shown. If no reply is received, Respondent is then in violation of Policy 4,
Section L.
H-2 The Chairperson shall
send a copy of the reply to the Complainant.
H-3 The complainant may offer
a rebuttal to the Chairperson. The rebuttal must be received by the Chairperson within
fourteen (14) days from the date of the Chairperson's letter to the Complainant containing
the Respondent's reply.
H-4 Should the Respondent
fail to respond as required under Policy 4, Section G-1, the Chairperson shall submit the
matter to the Board of Directors.
I. Arbitration
I-1 After all procedures have
been followed as prescribed in Policy 4, Section G, the Chairperson shall submit the matter
to binding arbitration before a panel of three (3) members selected by the Chairperson.
I-2 If the dispute is
monetary, the Chairperson may determine the amount of any funds to be deposited by the
parties with the Administrator.
I-3 (a) The Chairperson shall
provide each member of the panel with a copy of all pleadings.
I-3 (b) The panel shall make
a ruling on this written record but shall have the right, in its sole discretion, to request from the parties additional materials, clarification or supplemental information.
I-3 (c) The panel shall
render a majority written decision on the merits of the dispute and a separate majority
written decision on proposed sanctions, if any, and send the written decision(s) together
with any dissents to the parties.
I-4 (a) Either party may
appeal the decision(s) of the grievance panel by filing within fourteen (14) days of the
postmark date of the decision(s) of the panel, a written appeal with the Chairperson together
with a statement of the reasons supporting the appeal. If the dispute is monetary, the
Chairperson shall determine the amount of any funds to be deposited by the Appealing Party
with the Administrator.
I-4 (b) The Chairperson shall
notify the President of any appeal filed.
I-4 (c) If an appeal if
filed, the decision(s) of the grievance panel is stayed pending resolution of the appeal.
I-4 (d) If such appeal is
not filed timely, the decision(s) of the panel shall be final; however, the Board at its
option may accept a late appeal.
I-4 (e) The Chairperson shall
submit the appeal and all documentation to the Board at the next regularly scheduled board
meeting for a ruling, which ruling shall be deemed final and not subject to further appeal.
I-5 Upon notification of the
outcome by the Chairperson, the Treasurer shall make the necessary disbursement of any funds
held in escrow.
I. Retention of Complaints:
J-1 All matters submitted to
the Arbitration & Grievance Committee shall remain confidential.
J-2 Once a matter has been
resolved or disposed of, the Chairperson shall forward the file to the Administrator for
retention.
J-3 The Chairperson shall
retain, for a period of three (3) years, a listing and disposition of each matter submitted
to the Arbitration & Grievance Committee.
J. Consistent Pattern of Complaints:
K-1 Where a number of
complaints filed against a member indicate a persistent pattern of nonpayment or
unethical/unprofessional conduct, the Chairperson shall notify such member, in writing,
that a continuance of similar complaints received by the Committee may result in reprimand,
suspension, or expulsion. The member shall have fourteen (14) days from the date of the
Chairperson's letter to respond to the charge.
K-2 Where a number of
complaints submitted by a member indicate a persistent pattern of filing nonpayment or
unethical/unprofessional conduct complaints which are frivolous or without real substance,
the Chairperson shall notify such member, in writing, of such finding and that such continued
action by the member may result in disciplinary action by the Board. The member shall have
fourteen (14) days from the date of the Chairperson's letter to respond to the charge.
K-3 If, after notification
by the Chairperson, the persistent pattern of nonpayment or unprofessional or unethical
conduct by a member continues or the member persists in filing complaints which are frivolous
or without real substance, the Chairperson shall refer the matter to the Board for
disposition. The Board, at its discretion, will determine what constitutes a persistent
pattern and may take whatever disciplinary action it deems appropriate. The Board will
notify the Chairperson and the Chairperson will in turn notify the member, in writing, of
the action taken.
L. If membership is revoked, the ex-member shall not be eligible to re-apply for
membership for a period of one (1) year from the date of the Chairperson's letter notifying
the member that his/her membership has been revoked.
M. Failure to comply with the bylaws of this Association, or the procedures as outlined
in this policy manual, or the rulings and decisions of the Arbitration panel or Board, shall
constitute sufficient grounds for suspension, expulsion, or any sanction the Board deems
appropriate.
N. The purpose of this Policy is to insure that every member is treated fairly and
justly. To this end, the Board shall have the authority, by majority vote, to take that action
necessary to carry out the purpose of the Policy, including but not limited to, the granting of
extensions of time and reconsideration of actions taken.
| Amended | 2/22/98 |
| Amended | 10/3/98 |
| Amended | 11/10/01 |
| Amended | 2/12/05 |
| Amended | 11/4/06 |
|
