Dates, Rules and Requirements (Continued) are due back on June 22
b. Ballots will be counted in NYC on June 23, 2015.
XII. Election Appeals Procedure A. Appeals to the Election Committee 1. Any current PEF member who believes he/she is aggrieved by anyone’s alleged violation of the Election rules or any alleged misapplication or misinterpretation of the PEF Constitution or any PEF policy or procedure concerning Elections, may appeal such to the PEF Elections Committee. a. There shall be a time limit of thirty (30) calendar days following the ballot count certification by AAA, for filing appeals to the Elections Committee. Should balloting not be necessary, the time limit will be thirty (30) calendar days following the last day of petitioning.
b. To appeal the Committee’s decision to the Executive Board: There shall be a time limit of thirty (30) calendar days following the date of the written decision of the Committee.
2. Any ethics complaints arising as a result of the election process will be adjudicated by the Elections Committee.
3. The appeal shall be submitted on an Elections Appeal Form and filed with the Elections Committee in person or by mail at PEF Headquarters. The appeal shall contain a concise, factual statement of the facts of the alleged violation, misinterpretation or misapplication. Upon receipt of the appeal, the Elections Committee shall notify, in writing, persons as may be deemed appropriate, of the appeal. Such persons shall then have fifteen (15) working days from notification of the appeal to make a written response to the Committee. Any responses received will be distributed to all related parties of the original appeal.
4. The Elections Committee shall conduct an investigation of the appeal, if appropriate, and shall render a decision in writing as soon as possible. The Committee shall use its best efforts to render a decision in writing within 60 calendar days of receipt of the appeal. The Committee’s decision shall be mailed to the grievant and to such other persons as may be deemed appropriate.
5. The Election Committee may award appropriate relief in any appeal, including the following: a. ordering compliance with the Constitution, policy, procedure or Election rule violated;
b. ordering, as deemed necessary, the conduct of a new election (petitioning and/or balloting);
c. suspending the ballot count until the appeal has been adjudicated.
d. referring an appeal to the President for a hearing before the Election Hearing Panel when the Elections Committee's recommendation for relief includes a reprimand, fine, suspension, expulsion or other discipline.
6. The Elections Committee, without ruling on the merits of the appeal may deny any appeal which it deems is frivolous, repetitive, moot or brought in an unduly delayed fashion. A decision by the Committee to reject an appeal on one of these
bases shall be appealable to the Executive Board.
7. In the event that it is necessary, the Elections Committee may refer an appeal to the President for a hearing before an Election Hearing Panel.
B. Hearings Before the Election Hearing Panel 1. Upon receipt by the President of an appeal referred by the Elections Committee for a hearing, the President shall appoint a five-person Hearing Panel, subject to confirmation by the Executive Board, to preside at the hearing or trial. The members of the Hearing Panel shall be members of the Executive Board. No party to the appeal or potential witness to the events at issue in the appeal may be a member of the Hearing Panel.
2. The accused may appear before the Hearing Panel in person and with witnesses to answer the appeal. A full and fair hearing will be conducted, with the accused afforded the right to question witnesses and examine any evidence presented by the party filing the appeal. Witnesses must be sworn in and testify under oath. The parties may select another PEF member to represent him or her in the presentation of a defense. The accused may elect to present a defense in writing rather than personally appear. In the of absence of a written or personal defense, the hearing or trial shall still proceed.
3. Hearings before the Election Hearing Panel shall be conducted pursuant to the rules of Procedures for Election Hearings.
C. Judgment of the Hearing Panel 1. Upon completion of the hearing, the Election Hearing Panel shall vote on whether to sustain the appeal in whole or in part. A majority vote of the Election Hearing Panel shall be required to sustain the appeal. The Election Hearing Panel shall use its best efforts to render a decision in writing within thirty (30) calendar days of the end of the hearing or trial. The Election Hearing Panel's decision shall include a summary of the evidence presented and shall state the basis upon which the decision is made. The Election Hearing Panel's decision shall be mailed to the accused, the party who filed the appeal, and to such other persons as may be deemed appropriate. If the appeal is not sustained, it shall be dismissed.
2. If the appeal, or any portion thereof, is sustained, the Election Hearing Panel shall render judgment and may impose discipline. Discipline may include: a. Requirement that the guilty party or parties conform to the Constitution, policy, procedure, Election Rules, or Code of Ethics violated.
b. Commands to do or perform or restrain from specific acts.
c. Fine. d. Reprimand. e. Deprivation of PEF privileges. f. Removal from office. g. Suspension or expulsion from PEF.
3. Judgments of the Election Hearing Panel are final unless a party to the appeal, appeals the decision to the Executive Board.
D. Appeals to the Executive Board 1. The Elections Committee’s decision or the
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Elections Hearing Panel’s decision may be appealed to the PEF Executive Board. The appeal shall be filed in writing with PEF’s Secretary/Treasurer, delivered in person or by mail.
2. The appeal shall be considered at the next scheduled meeting of the Executive Board, provided the appeal is postmarked at least twenty (20) calendar days prior to that meeting. Upon receipt of the appeal, the Secretary/Treasurer shall promptly give written notice of the pendency of the appeal to the Elections Committee or the Election Hearing Panel and to such other persons as may be deemed appropriate. These persons may make written submissions to the Board concerning the appeal.
3. It shall require an affirmative vote of one third (1/3) of Executive Board members present and voting to hear an appeal. If the Executive Board votes not to hear the appeal, the decision of the Elections Committee or the Election Hearing Panel shall be final.
4. If the Executive Board votes to hear the appeal, in considering the appeal, the Executive Board shall allow the Elections Committee or the Election Hearing Panel, the appellant and such other persons as shall be deemed appropriate to present oral arguments. The appellant shall be granted equal time as allotted to the Elections Committee or the Election Hearing Panel, but not less than 10 minutes, for presentation of the appeal. It is the appellant’s responsibility at his/her own expense, to be present at this meeting for presentation of any oral argument.
5. The Secretary/Treasurer shall notify the appellant, the Elections Committee, or the Election Hearing Panel and any other parties as may be deemed appropriate, of the Executive Board’s decision on an appeal.
6. The Board may affirm, reverse or modify the decision of the Election Committee or the Election Hearing Panel, including the Election Hearing Panel’s award of relief. The decision of the Board shall be final.
7. The Executive Board, without ruling on the merits of the appeal, may deny any appeal which it deems is frivolous, repetitive, moot or brought in an unduly delayed fashion.
E. Representation Members shall have the right to present their own case or have another PEF member present the case. Outside attorneys will not be present during any proceedings.
XIII. Miscellaneous 1. Nothing in the procedure shall in any way impair the authority of any PEF officer, body or committee from fulfilling normal obligations during the pendency of an appeal.
2. Any questions related to these rules and procedures should be directed to the Elections Committee (not PEF staff) through PEF headquarters.
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