Article IV Section III

Duties

Any member of the County Committee may bring a formal complaint for violation of these Rules, particularly any matters pursuant to Article VII, before the Hearing Committee, which shall hold a hearing within thirty (30) days following receipt of the complaint. The parties must be given ten (10) days advance notice of the date and time of the proposed hearing. The complaining member and the accused member or officer may present such evidence or call such witnesses as may support his or her argument, and may be represented by an attorney provided advance notice of that representation has been provided to the Hearing Committee.

The County Chairman shall preside over the hearing of the Hearing Committee, except when the County Chairman is the accused or the complainant, in which case the Vice Chairman shall serve as the presiding officer. The County Chairman or the Vice Chairman shall consult with the County Party Solicitor, who shall be in attendance at all hearings, regarding any motions and shall guarantee a fair hearing. The Hearing Committee may adopt, with the advice and consent of the Leadership Team, appropriate procedural rules for the conduct of hearings.

All Hearing Committee hearings shall be conducted in such a fashion as to preserve the confidentiality of the proceedings. Prior to each hearing, the Hearing Committee members hearing the case will be expected to execute and abide by a Non-disclosure Agreement which prohibits the disclosure of all information learned by the Committee member during the course of the proceedings.

Additionally, each Committee member shall certify in writing that no conflict of interest exists which would prevent him/her from hearing the complaint in a fair and unbiased manner. Prior to the commencement of the hearing, any party to the hearing, whether a Hearing Committee member, complaining party, accused or witness, will also have the opportunity to raise any actual or perceived conflict of interest that they believe may exist, which conflict shall be considered and determined by the County Party Solicitor in accordance with his/her duty to ensure a fair hearing.

There shall be no quorum requirement applicable to Hearing Committee meetings.

The Hearing Committee’s recommendation shall be presented to the Leadership Team within two (2) days after the hearing for action by the Leadership Team. Action by the Leadership Team shall be taken within fourteen (14) days of the transmittal, and in consideration of Article VII, Removal from Office. Members of the Leadership Team will be expected to execute and abide by the same non-disclosure and conflict procedures required of the Hearing Committee. Notice of any final determination of the Leadership Team, however, may be provided to the County Committee as a whole at the discretion of the County Chair, with the advice and consent of the Leadership Team.