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Standing Rules

GUIDELINES FOR ABA AD HOC COMMITTEE DISCIPLINARY HEARING

CONFIDENTIALITY: As a member of an ABA Ad Hoc Committee appointed to serve at a disciplinary hearing of charges against another member, you are required to treat these proceedings , information and documents with the utmost confidentiality and discretion. These matters are considered to be held in "executive session" and are not to be discussed with, shared with, distributed to, nor allowed to come into the possession or knowledge of anyone other than the listed members of this Ad Hoc Committee, the Board appointed parliamentarian of record, and the ABA Board through the Secretary. Robert's Rules of Order, Newly Revised (p. 644) under which this Association is governed, requires that the introduction and consideration of all resolutions leading up to a possible trial be held in the strictest secrecy to protect both the rights of the Association and the accused. The names of the committee members will not be divulged, except to those mentioned above prior to the actual hearing date. If you are contacted by anyone other than those individuals, please notify the Board, through the Secretary immediately.

Charges have been filed with the American Bullmastiff Association in accordance with Chapter VI, Section 2. The Board reviewed and discussed these charges and after consultation with two registered parliamentarians, voted to entertain jurisdiction and to refer the matter to an Ad Hoc Committee for a full hearing (trial). After the hearing, this same Committee will decide the outcome and if necessary, will assess any penalties according to Chapter VI, Section 3 & 4 of the By-Laws. This Guide is to assist you in the procedures to be followed during the hearing, in accordance with Robert's Rules of Order, Newly Revised, the AKC Rules, and the ABA Constitution and By-Laws, which hold precedence over both of the former authorities.

You will receive the following materials:

  • The Constitution and By-Laws of the ABA
  • The charges to be discussed with their specifications
  • List of Ad Hoc Committee Members with phone, fax, email addresses
  • Pertinent ABA Standing Rules
  • AKC Rule Books (if available)
  • The AKC video on misconduct at an AKC event also is available through the Secretary

Robert's Rules of Order, Newly Revised is the parliamentary authority used to govern the workings of the Association but only in the absence of such instruction in the ABA Constitution and By-Laws. Please secure a copy of this particular book at your local library or University for reference. If you cannot do so, please contact the Secretary, and a copy will be provided for your use. The Secretary will provide the name of the Parliamentarian who will assist and advise on parliamentary matters during the hearing, however, if you have any parliamentary questions prior to the hearing, please submit them to the Secretary.

BEFORE THE HEARING:

  • Contact other members of the committee to determine (1) a Chairman who will serve as moderator for the hearing, and (2) a Secretary who will take minutes of the proceedings. The Committee must (3) decide whether to permit "counsel" to attend the hearing. (a conference call is permitted but at individual expense) It is preferable to so notify both the accuser and the accused at least a week in advance of the hearing date if possible through the ABA Secretary. The ABA By-Laws state "The….Committee shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard" Additionally, Robert's Rules, p. 652 state, "Defense counsel can be attorney(s) or not, but must be members of the society unless the trial body by vote agrees to permit
  • attorney(s) who are not member(s) to act in this capacity" Although permitted, outside counsel is normally not recommended in such matters.
     
AT THE HEARING:
  • The Chairman calls the hearing to order and reminds all present that the hearing is in executive session and bears an obligation of secrecy. Those present should only include the members of the Ad Hoc Committee, the parliamentarian, the complainant and the accused. (And counsel for both the complainant and the accused if so allowed by previous vote of the Committee) Witnesses are to be present only when giving testimony and are to be called individually. (Any tape recordings and/or notes used to facilitate the recording of the Minutes or in the deliberations of the Committee must be surrendered to the Secretary immediately at the conclusion of the hearing for destruction. Neither the one who brings the charges nor the accused are permitted to make recordings of any kind)
  • The Committee secretary reads the preliminary motions relating to the charges and asks if the accused has received a copy of the charges, the notice of the hearing, the notice pertaining to counsel, and then introduces the members of the Ad Hoc Committee.
  • The Chairman directs the secretary to read the charges and the specifications.
  • The Chairman asks the accused how he pleads, GUILTY OR NOT GUILTY, to each of the specifications and finally to the charge itself.
  • If the plea is GUILTY, there is no need for a trial and, after a brief statement of facts from both sides, the Committee proceeds to the penalty to be assessed under the By-Laws of the ABA, Chapter VI, Sections 3 & 4.
  • If the plea is NOT GUILTY, the Hearing (trial) begins as the Chairman explains the steps and calls for each one in order. Until the completion of the closing arguments, no one is permitted to speak except the Committee, the complainant, and the
  • defense; and they must address the chair except when questioning witnesses. Cross -examination re-direct-examination and re-cross-examination of witnesses is permitted and the witnesses may be called for further testimony if needed. (See RRO, p. 653)

    1. Opening statements with the complainant first and accused second.

    2. Testimony of the witnesses supporting the charges. Witnesses are to appear individually, must be cautioned as to confidentiality, and should leave the hearing room upon completing their testimony. Those needed for further testimony should be so advised and asked to remain in the waiting area until dismissed.

    3. Testimony of the witnesses for the defense. Same rules apply.

    4. Rebuttal witnesses on both sides, first for the charges and then for the accused.

    5. Closing arguments for both sides.

    6. The Chairman asks the accused, the complainant, and any witnesses to leave the room so deliberation may begin. "A trial by the society cannot legally establish the guilt of the accused, as understood in a court of law; it can only establish his guilt as affecting the society's judgment of his fitness for membership. Ordinarily it is impossible for the society to obtain legal proof of facts in disciplinary cases. To get at the truth under the conditions of such a trial, hearsay evidence has to be admissible, and judgment as to the best interests of the society may have to be based on it. Witnesses are not sworn. The persons with first hand knowledge may be nonmembers, who probably will decline to testify…Even members may be reluctant to give testimony against the accused". (see RRO, p. 645) "A member who votes "guilty" should be morally convinced of the existence of this guilt on the basis of evidence heard" (see RRO, p. 655)

    7. Penalty deliberation, if guilty of any or all charges and specifications. See ABA By-Laws, Article VI, Section 3 & 4.

    8. Committee writes their findings and gives to the Association Secretary. "Confer with the parliamentarian about proper language and format" …."Its findings shall be put in written form and filed with the Secretary" (Article VI, Section 3, paragraph 2)

    9. Secretary notifies "all parties of the decision and penalty, if any". (Ibid)

    10. If Expulsion is recommended, at the next Annual Meeting: "The defendant shall have the privilege of appearing in his own behalf though no evidence shall be taken at this meeting. The President shall read the charges and the findings and recommendation, and shall invite the defendant, if present, to speak in his own behalf. A two thirds vote of those present and voting at the Annual Meeting shall be necessary for expulsion. If the expulsion is not so voted, the suspension shall stand" (Article VI, Section 4)