New Hampshire Association of Assessing Officials

II. Responsibility and Authority top

A. It shall be the duty of the committee to consider all matters concerning questions of professional ethics and conduct brought to its attention.

B. The committee shall receive and investigate all complaints referred to the Association concerning alleged violations of the NHAAO Constitution, the NHAAO By-Laws, the Code of Ethics and Standards of Professional Conduct, and other rules and regulations promulgated by the Board of Directors, hereinafter referred to as alleged ethical violations. The committee shall have the authority and responsibility, to the extent herein defined, for issuing letters of charge, conducting hearings, and carrying out appropriate disciplinary action. A complaint may issue from the committee, or from one or more individual members thereof, and that complaint shall be processed in the same manner as other complaints received by the committee.

C. The committee shall have full authority in rendering advisory opinions relating to the interpretation and application of the NHAAO Constitution, NHAAO By-Laws, the Code of Ethics and Standards of Professional Conduct, and other rules and regulations promulgated by the Board of Directors. Such advisory opinions may be issued in response to requests from members or other responsible persons, but shall not be binding upon the NHAAO unless concurred on by the Board of Directors.

D. The committee shall have the responsibility for studying and reporting to the Board of Directors on any proposed amendments to or changes in the NHAAO Constitution, the Code of Ethics and Standards of Professional Conduct, or election rules and procedures.

E. The committee shall not have jurisdiction to act on complaints of alleged ethical violations when such alleged violation occurred prior to the adoption of the NHAAO Code of Ethics and Standards of Professional Conduct, unless such alleged violation is a continuing act or effects continuing consequences. The committee shall not have jurisdiction to act on complaints of alleged ethical violations when such violations occurred over three years prior to the filing of the complaint, unless such alleged violation is a continuing act or effects continuing consequences.

F. The committee shall not have jurisdiction to act on complaints of alleged ethical violations when such alleged ethical violation was an act required by law, or an act required by any governmental authority other than the authority vested in the member.

III. MEETINGS top

A. The committee shall meet on the call of the chairman, or on a petition of a majority of the committee members, provided the time and place of the meetings have been approved by the president. A majority of the members shall constitute a quorum.

B. Whenever the chairman, for any reason, is unable to act, the vice-chairman shall have all the duties and authority of the chairman and shall act as chairman.

C. All meetings of the committee shall be open to the general membership unless otherwise required by these Rules and Procedures.

D. The committee shall go into executive session upon the call of the chairman for the purpose of discussing any alleged conduct by any member which could be considered an alleged ethical violation.

IV. CONFIDENTIALITY top

A. All matters concerning alleged ethical violations shall be accorded the utmost confidentiality by the committee and all other persons who may be privy to any proceedings concerning alleged ethical violations.

B. All discussions of any alleged ethical violation at any meeting of the committee shall be in executive session. The chairman of the meeting shall take all appropriate measures to assure the confidentiality of the proceedings. Such measures shall include, but not be limited to, the exclusion from the meeting room of all parties who are deemed by the committee to be unnecessary to the proper conduct of the proceedings. Except as to distributions provided for in section V(B), VI, VII(J), VII(K), VIII(A), VIII(F), VIII(G), IX(B), and X(B) of these Rules and Procedures, prior to any distribution of any documents, including minutes or agendas, to persons other than the committee members any language identifying any member with any alleged ethical violation shall be censored by making the offending language illegible.

V. COMPLAINTS: FORM, CONTENT, AND RECEIPT top

A. Complaints of alleged ethical violations of the NHAAO Constitution, the Code of Ethics and Standards of Professional Conduct, or other rules and regulations promulgated by the Board of Directors may be received from any source, including nonmembers of the Association.

The complaint shall be in writing on an approved "NHAAO Ethics Complaint Form" and signed by the person(s) complaining, hereinafter referred to as "complainant." The signed form shall contain the following:

(a) the full name, address, and telephone number of the person(s) or organization making the complaint;

1. Any organization making the complaint shall identify at least one person to be responsible for prosecuting the allegation.

(b) the full name, address, and telephone number, if known, of member(s) whose alleged conduct is the subject of the complaint;

                (c) a plain and concise statement of the facts alleged; and

                (d) any other information deemed relevant by the complainant.

The complainant shall ensure that copies of all documents, assessment records, and appraisal reports relevant to the complain, and available to the complainant, are attached to the complaint when it is filed.

B. All complaints shall be transmitted to the chairman of the committee. The chairman will record the receipt of the complaint, prepare a case file, and shall immediately mail uncensored copies of the complaint to the members of the committee, and to the person(s), hereinafter referred to as "respondent," whose alleged conduct is the subject of the complaint with a letter stating that the complaint has been referred to the committee. The letter shall notify the respondent that the respondent shall file a written reply with the chairman within thirty (30) days after receipt of the complaint and that failure to file a written reply may be considered by the committee to be an admission of the charges in the complaint. Where the respondent fails to respond within the prescribed period, the committee shall be authorized to issue a Default Order based on the complaint. The letter and a copy of the complaint shall be sent by any form of courier or mail service that confirms delivery by a return receipt, hereinafter referred to as "courier service," along with a copy of these Rules and Procedures. The chairman shall immediately transmit any reply to the members of the committee.

1. Respondent may file a motion to set aside the Default Order within twenty (20) days after receipt of the Default Order. The respondent shall show good cause for the failure to reply within the prescribed period. Respondent shall file such motion through courier service to the chairman. The committee shall schedule as soon as possible a hearing on the motion only. Appeal of the denial to set aside a Default Order is through those appeal procedures set forth in these Rules and Procedures.

C. After receiving a copy of the complete and signed complaint from the chairman and after the mailing to the respondent has been made, the committee shall examine the complaint and make whatever inquiries the committee deems necessary to gather the information necessary to dispose of the complaint.

Whenever, after investigation of any complaint, the committee finds either the committee lacks jurisdiction or the facts do not support the alleged charge(s), the committee shall dismiss the complaint and the chairman shall notify the complainant and the respondent of the committee’s action.

If, upon investigation, it is determined by the committee that a complaint has merit and meets the committee’s jurisdictional requirements, the chairman shall issue a letter of charge to be sent by courier service to the respondent.

VI. LETTER OF CHARGE top

The letter of charge shall include a clear and precise description of the acts that are claimed to constitute the alleged misconduct, and shall set forth the provisions of the NHAAO Constitution, the Code of Ethics and Standards of Professional conduct, or other rules and regulations promulgated by the Board of Directors that may have been violated. The letter of charge shall advise the respondent that a reply to a letter of charge should be sent by courier service to the chairman of the committee and that a hearing on the charges contained in the letter will be arranged. The letter of charge shall contain notice that failure of the respondent to appear at the hearing may result in disciplinary action being taken against the respondent.

VII. HEARINGS top

A. In most cases, the hearing shall be held in the city where the respondent resides, but hearings may be held elsewhere at the committee’s discretion. The committee may conduct scheduled hearings, or, by approval of the committee, the chairman may designate one or more members of the committee to serve as the hearing examiner(s), and such additional persons as are deemed necessary to assist in the performance of administrative duties. Reasonable expenses incurred by committee members and others designated by the chairman to assist in the conducting of hearings shall be reimbursed by the NHAAO, within budgetary parameters established by the Board of Directors.

B. At least thirty (30) days prior to the date set for a hearing, the chairman shall cause a letter to be delivered by courier service notifying the respondent of the time and place of the hearing. The letter shall also advise the respondent of the respondent’s right to have witnesses appear at the hearing and testify on the respondent’s behalf, provided the testimony is relevant to the charges made against the respondent.

C. At least thirty (30) days prior to the date set for a hearing, the chairman shall issue a summons to be sent by courier service to NHAAO members and nonmembers, including the complainant, who may have relevant evidence to present, asking them to appear and testify at the hearing. Reasonable expenses incurred by the witnesses other than the complainant and respondent in attending hearings shall be reimbursed by the NHAAO, within budgetary parameters established by the Board of Directors. Reasonable expenses do not include fees of expert witnesses or counsel or other agent fees.

D. An appearance at the hearing without objection by the respondent shall constitute a waiver of any defect in the notice of the hearing. If the respondent and/or the complainant fail to appear at the duly noticed hearing without showing good cause to the committee at least five (5) days before the scheduled hearing, the committee may proceed with the hearing in the absence of either or both the respondent and the complainant or make its decision based on the available evidence.

E. Failure of the respondent or complainant to appear without good cause to the committee may result in disciplinary action against the respondent or complainant under the code of Ethics and Standards of Professional conduct.

F. The chairman or the designated hearing examiner(s) shall arrange for the transcribing or recording of the proceedings of the hearing.

G. The chairman shall preside at the hearing or designate the vice-chairman or one of the committee members to preside. Evidence of and in defense against the allegations contained in the letter of charge shall be presented at the hearing.

The committee shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. The committee member presiding shall have full authority to control the procedures of the hearing.

No committee member, including the chairman, may attend a hearing in his or her capacity as a committee member in which it may reasonably be construed that he or she has an interest in the instant proceedings or where he or she has been summonsed as a witness.

H. The committee shall allow the respondent and the complainant to be represented by legal counsel at the hearing, and the Association may have its legal counsel present. Legal counsel may consult with and advise his or her client, and may examine and cross-examine principals and witnesses. However, legal counsel shall not testify for his or her client.

I. The hearing need not be continuous. The presiding committee member may recess the hearing whenever, in his or her reasonable judgment, fairness or convenience so requires.

J. At the conclusion of the hearing, the committee shall review the charge(s), the respondent’s reply, and all evidence and testimony presented at the hearing, and, within twenty (30) days from the conclusion of the hearing shall cause to be issued its decision to either (a) acquit, (b) reprimand, (c) suspend, or (d) expel. The chairman shall mail copies of the decision to the complainant and respondent by courier service. The decision shall include notice that the complainant and the respondent have thirty (30) days from receipt of the decision to appeal to the Executive Board and that a copy of the transcript or recording of the hearing will be available to the respondent or complainant upon request. The decision shall also advise the respondent that the discipline if any, will be imposed after the time for appeal has expired.

K. A copy of the decision shall be mailed to the President.

L. If no appeal is received within thirty (30) days, the decision of the committee becomes final and effective on the day after the appeal could have properly been filed.

VIII. APPEAL TO THE EXECUTIVE BOARD, DECISION, NOTIFICATION top

A. The executive Board, as referred to in this section, includes the following NHAAO Officers: President, First Vice President, Second Vice President, Secretary, and Treasurer.

B. The appeal shall be in writing and transmitted by courier service to the President of the NHAAO. The appeal shall contain a succinct statement of the alleged error(s) and the reason(s) why the decision of the committee is claimed to be incorrect. The President shall record the receipt of the appeal and shall mail copies of it by courier service to each member of the Executive Board. A copy of the appeal shall also be mailed to each member of the committee.

C. If an appeal is requested, the discipline imposed shall be stayed until after the Executive Board issues its decision.

D. If a member of the Executive Board resides in or is employed in the same city as the respondent, he or she shall be disqualified from hearing the appeal and shall be replaced by the President with a member of the Board of Directors. If any member of the Executive Board is directly involved in matters of the complaint, he or she shall be disqualified and shall be replaced by the President with a disinterested member of the Board of Directors.

E. The Executive Board shall meet as soon as is practical to hear the appeal. The appeal hearing shall be held in Concord, New Hampshire, but hearings may be held elsewhere at the discretion of the Executive Board. At least twenty (20) days prior to the appeal hearing, the Executive Board shall cause notice to be issued by courier service informing the respondent and complainant of the time and place of the appeal hearing. The notice shall also inform the respondent and complainant that legal counsel may be present, but that no witnesses may appear.

F. At the appeal hearing, the chairman of the Professional Ethics Committee, or his or her representative, shall present the recording or transcript of the case, all evidence, and shall summarize the case. Any party or counsel may be heard to correct the summary. Any counsel for a party may present the Executive Board with reasons why the decision should or should not be followed, but only new and additional relevant evidence which was not available at the time of the Professional Ethics Committee hearing and evidence of procedural error by the Professional Ethics Committee may be presented. Evidence which was clearly available at the time of the original hearing is not eligible to be submitted as new evidence.

G. At the conclusion of its hearing, the Executive Board shall, in executive session, vote to affirm, reject, or modify the decision of the Professional Ethics committee and shall cause to be issued to the respondent and complainant a notification of its decision within twenty (20) days of the appeal hearing. The notice shall be sent by courier service. The members of the Professional Ethics Committee shall be notified by regular mail. Any modification of the decision of the Professional Ethics Committee shall comply with the disciplinary action outlined in section IX of these Rules and Procedures.

H. All final actions of the Professional Ethics Committee and/or the Executive Board shall be routinely reported to the Board of Directors by the committee chairman or the NHAAO president.

I. All decisions of the Executive Board shall be the final action on the matter by the NHAAO.

IX. DISCIPLINARY ACTION top

A. If there has been no appeal from the decision of the Professional Ethics Committee, such disciplinary action shall commence within thirty-one (31) days following the decision of the committee. If an appeal by the respondent is unsuccessful, or if an appeal by the complainant is successful, the disciplinary action shall commence from the date the final decision is announced and the member(s) to be disciplined is/are properly advised.

B. For purposes of these rules, the words reprimand, suspend, and expel shall be interpreted as follows:

1) REPRIMAND – A personal and confidential letter will be sent to the respondent by the chairman of the Professional Ethics committee expressing disapproval of his or her conduct and explaining that the committee will be monitoring the respondent’s conduct for a period of not more than one year from the date of the issuance of the committee’s decision. If the respondent is found to have violated the NHAAO code of Ethics during that period, he or she will be notified by the chairman of the committee. The respondent will retain all rights and privileges of membership during this year.

2) SUSPEND – The respondent shall be denied the right to vote, serve on NHAAO committees, participate as an instructor or speaker at NHAAO programs, or publicly represent the NHAAO in any manner for a period of not more than three years. The respondent will retain all other rights and privileges of membership during this time.

3) EXPEL – The respondent shall have all rights and privileges of membership revoked beginning on the date of the committee’s decision. After a period of one year, the expelled member may reapply for membership in the same manner as an original applicant.

C. All final decisions and disciplinary actions under these rules shall be public information.

D. No disciplinary action shall be construed as to affect membership rights of any New Hampshire municipality or the New Hampshire Department of Revenue Administration. In the instance where a member is suspended or expelled, and where that member represents a municipality or the Department of Revenue Administration, the municipality or the Department of Revenue Administration shall be notified through the mails of the suspension or expulsion by the President.

X. GENERAL PROVISIONS top

A. Self-Executing Provisions for Membership Suspension and Expulsion. If any member of the NHAAO is indicted under any statutorily authorized legal proceeding for a felony or for an alleged crime of office which reflects on his or her professional conduct as set forth in the Code of Ethics and Standards of Professional conduct, the chairman of the Professional Ethics Committee shall direct a letter to be sent by courier service to the indicted person:

1) advising the member that he or she may wish to withdraw from NHAAO activities during the period of indictment for his or her own benefit and the good of the Association.

2) advising the member that he or she has the right to request a hearing under the general Rules and Procedures of the Professional Ethics Committee and show why his or her membership should not be suspended.

3) advising the member that if he or she does not indicate his or her intention to withdraw from NHAAO activities, or request a hearing, within twenty (20) days from the mailing of that letter, his or her NHAAO membership shall automatically be suspended.

Automatic suspension shall take place as outlined above where neither a notice of intention to withdraw from NHAAO activities nor a request for a hearing has been received within twenty (20) days.

Where any member has been convicted of a felony or a crime of office which reflects on his or her professional or ethical conduct as outlined in the Code of Ethics and Standards of Professional Conduct, that member shall be automatically expelled from NHAAO membership.

B. SUSPENSION PENDING RESOLUTION OF COMPLAINTS

A person whose alleged conduct is the subject of a complaint pending before the Professional Ethics Committee shall be denied the right to vote, serve on NHAAO committees, participate as an NHAAO instructor or a speaker at NHAAO programs, or publicly represent the NHAAO in any manner, until the complaint has been resolved.

A person suspended under this provision may, however, obtain a waiver of the suspension by applying to the Professional Ethics Committee. The application for waiver must be received by the chairman of the committee within ten (10) days of the day the person received notice of the complaint. The application, once received by the chairman, shall serve to lift the suspension. The Professional Ethics committee may, within twenty (20) days, reinstate the suspension, pending a deliberation on the merits of the complaint.

A person whose suspension has been waived may then vote, serve on NHAAO committees, represent the NHAAO publicly, participate as an NHAAO instructor, or speak at an NHAAO program. The President must, however, notify the host agency of the pending ethics complaint.

In no instance shall a waiver of suspension continue subsequent to the issuance of a letter of charge.

C. REINSTATEMENT OF MEMBERSHIP

Whenever any member has been suspended or expelled from the NHAAO for violations of the NHAAO Constitution, the Code of Ethics and Standards of Professional Conduct, or other rules and regulations promulgated by the Board of Directors, or has resigned his or her membership while allegations of misconduct were before the committee, he or she may petition the Board of Directors for reinstatement of membership. The Board of Directors shall refer all such petitions to the Professional Ethics Committee for its report and recommendation.

D. RETENTION OF CASE FILE

When the Professional Ethics Committee or the Board of Directors has declared any complaint proceedings ended, the president shall be so informed and all evidence compiled in such a case/hearing shall be delivered to the president who shall cause such file to be safely stored for a period of five (5) years, after which period the records shall be destroyed.

XI. RESPONSIBILITY TO THE ASSOCIATION top