2022 Atlanta Board of Trustees Meeting
b) In the event that the accused is NOT a member of the Board or a current Officer of the OMA, the Committee will inform the Board of its findings and recommendations. The Board will appoint a committee of three of its members (the “Board Committee”), which will have the authority to take action. The Board Committee may choose to follow the recommendations of the Committee at their sole discretion, and the Board Committee shall comply with the Colorado Revised Nonprofit Corporation Act. In the case of any OMA member suspension or expulsion proceeding under Section 2.09(a) of the OMA Bylaws, the member shall be provided: (i) not less than fifteen days prior written notice of the expulsion or suspension and the reasons therefor, and (ii) an opportunity for the member to be heard, orally or in writing, not less than five days before the effective date of the expulsion or suspension by the Board Committee. Any written notice given by mail must be given by first-class or certified mail sent to the last address of the member shown on the OMA’s records. Board Committee decisions regarding member suspension or expulsion require a 2/3 vote. c) In the event that the accused is an acting Board Member or Officer at the time the complaint is filed, the Committee has the authority to take action, subject to the Colorado Revised Nonprofit Corporation Act. The complainant and the accused will be notified of the Committee’s decision which shall include the report of findings of the Committee and sanctions, if any, imposed. d) If a violation of the Code has been found to have occurred, or a sanction has been imposed by the Committee or by the Board Committee, and has become final and non- appealable, the findings and any sanctions may be presented to the OMA Membership at the discretion of the Committee, provided that the Executive Director is in agreement. In the case of a complaint against a Board member or officer, or at the discretion of the Board in all other circumstances, any such notification would be drafted by the Executive Director in consultation with the General Counsel. e) Appeal – Either the complainant or the accused may appeal a decision of the Committee or Board Committee, by submitting a notice of appeal to the Board (copy to the Executive Director) within thirty (30) days of notification of the decision. If a Board Committee made the underlying decision, members of the Board Committee shall not be involved in the decision regarding the Appeal. The Notice of Appeal must include the grounds of appeal, be based on new evidence or reconsideration of evidence and include a narrative justification for the appeal. The appeal must be requested by a written statement via email to the OMA Executive Director. The Board shall have the authority whether or not to consider the appeal. Further, the Board shall have discretion to collect statements of evidence from the accused or the complainant and may collect such additional evidence as it deems necessary or advisable. The Board shall have the authority to affirm the Committee’s or Board Committee’s decision, to overturn it, to vacate
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