Non-Compliance Procedure (MPD 04)
To be read in conjunction with Clause 13 of the SLAS Constitution and Rules as amended at the 2017 AGM.
1) Introduction
1.1 Following serious or persistent breaches of the Constitution and Rules of the Society and/or where the conduct of the member(s) has given cause for concern to the membership, non-compliance action against a member(s) may be taken by the management committee. The objective of instigating non-compliance action is to achieve improvements in the member(s) non-compliance of its Constitution and Rules to the benefit of the Society and its membership as a whole.
1.2 The alleged breach will be investigated by the committee to ascertain the circumstances of the breach and to establish all pertinent facts including any mitigating circumstances that have influenced the member(s) actions. A factual report will be prepared for record purposes and submitted to the committee at the earliest opportunity to enable the management committee to establish whether action against the member(s) should be undertaken.
1.2 If the management committee considers that sanctions are appropriate and should be applied to the member(s) it will instigate a non-compliance procedure. The procedure will enable the member(s) the right of appeal in the event that they consider any actions taken by the committee inappropriate. The right of appeal will be in the form of written statements to an independent arbitrator whose decision will be binding on the parties.
2) Non-compliance Procedures
Step 1:
A letter will be sent on behalf of the management committee to the member(s) outlining the breach and recommending a suitable course of action to resolve the breach. A reasonable period will be given to the member(s) to acknowledge the breach, complete the proposed remedial action and/or provide the committee with any additional information the member feels is relevant. If the member(s) accepts the breach and completes the recommended remedial action to the satisfaction of the management committee, the matter will be considered closed and the management committee will advise the member(s) of its decision that the breach has been resolved satisfactorily. Should, in the opinion of the management committee, the member(s) acknowledgement and remedial actions associated with the breach do not resolve the non-compliance/breach of the constitution and rules then:
Step 2:
After due consideration the management committee will submit a second letter to the member(s) notifying them that their response is considered inadequate and request that they should reconsider their response to resolve the breach to the general satisfaction of the management committee within a defined time period. The member(s) will be advised that the continuation of the breach will result in the management committee considering further sanctions against the member including, should it be deemed appropriate, the termination of membership. Should in the opinion of the management committee the member(s) subsequent acknowledgement and actions associated with the breach do not resolve the non-compliance breach of the constitution and rules then:
3) Step 3:
The management committee will submit a third letter to the member(s) notifying them that their response remains in the opinion of the management committee inadequate to resolve the breach and that as a result the member(s) will have their membership of the Society terminated. The letter of termination will advise the member(s) the effective date of termination and include a request for the removal of all personal property from the site by the member by the date of expulsion. The records of the Society will be amended to remove the members contact details from the database.
4) Right of Appeal
4.1 Member(s) will have the right of appeal against the actions or sanctions invoked on behalf of the membership by the management committee to an independent arbitrator. The independent arbitrator will be constituted by a committee of three officials drawn from the management committees of allotment associations within the Shrewsbury Town Council catchment area. The members appeal will include a confidential written submission to the independent arbitrator indicating all matters relating to the alleged breach, the management committees’ subsequent actions and confirming any mitigating circumstances and other pertinent information as they deem appropriate. The management committee will prepare and submit the confidential breach file documentation to the independent arbitrator for his consideration.
4.2 The independent arbitrator will be invited to consider the both written submissions within a reasonable time and thereafter to asses;
- the validity of the case for the breach,
- the appropriateness or otherwise of the parties’ actions and
- the suggested sanctions proposed by the management committee.
