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Advisory Board Minutes - March 2010

 

LINKS TO MINUTES
March 2010 Session
March 2010 Session Opened
Minutes
Motion 2009/10-20 Motion to Amend/Correct the Special Rules
Motion 2009/10-21 Motion to Extend the Deadline for the Guidelines Committee Proposed Document
Motion 2009/10-22 Motion to Augment the Grievance Procedures
Motion 2009/10-22A Motion to Augment the Grievance Procedures
Announcements: Announcement: 4th Qtr EC Report
Announcements: Resolution of Grievance 2009-08-15
Announcements: Call for Grievance Committee members
Announcements: Re-subscribe Colleen Pustola to BOARD-EXEC
Announcements: Resignation of NWPL - State Coordinator Representative
Adjournment

SESSION OPEN 1 March 2010 By the NC

Approval of Minutes March 8

The December 2009 minutes have been posted for review to the National website at
http://www.usgenweb.org/business/AB-12-2009.shtml If there is no objection
or corrections the minutes will stand approved March 10, 7:00 a.m.

March 15
Having heard no objections or corrections, the December 2009 minutes will
stand as approved.

Sherri Bradley
National Coordinator
March 22
The January 2010 minutes of the USGenWeb Project have been posted at
http://usgenweb.org/business/AB-01-2010.shtml.

Please take a look and see if you find any corrections that need to be made.
The minutes will be stand approved on 25 March 2010 at 9:30 pm if no
corrections are identified.

March 26
Having heard no further corrections (other than the spelling of Les's
name), the January 2010 minutes of the Advisory Board will stand as
approved.

Sherri Bradley

MOTION 2009/10-20 Motion to Amend/Correct the Special Rules March 1

Presented by Larry Flesher and seconded by Tina Vickery and dated February
28, 2010, the motion reads:

I move that Section IV of the Special Rules be amended to read:

"The Order of Business will be posted online at
http://usgenweb.org/agenda2.shtml and be in interactive format that can and
will be updated by the Presiding Officer as needed when new items are
introduced and/or posted items have been completed/closed. Completed items
will be moved to http://usgenweb.org/agenda3.shtml. The list of completed
items will be cleared at the beginning of each Advisory Board term. The
Order of Business will be flexible and may be adapted to cope with immediate
business. Members will advise the Presiding Officer of suggested agenda
items for future Orders of Business."

For information, the section currently reads as follows:
"Order of Business will be renewed and announced to the assembly at the
beginning of each month by the Presiding Officer. The Order of Business
will be flexible and may be adapted to cope with immediate business. Members
will advise the Presiding Officer of suggested agenda items for future
Orders of Business."

Discussion is now open. If you have no discussion, please so indicate by
responding "No Discussion".

Sherri Bradley
National Coordinator

March 3
Having heard no further discussion, discussion on motion 2009/10-20 is
declared closed.

Please vote on motion 2009/10-20. The motion reads:

I move that Section IV of the Special Rules be amended to read:

"The Order of Business will be posted online at
http://usgenweb.org/agenda2.shtml and be in interactive format that can and
will be updated by the Presiding Officer as needed when new items are
introduced and/or posted items have been completed/closed. Completed items
will be moved to http://usgenweb.org/agenda3.shtml. The list of completed
items will be cleared at the beginning of each Advisory Board term. The
Order of Business will be flexible and may be adapted to cope with immediate
business. Members will advise the Presiding Officer of suggested agenda
items for future Orders of Business."

For information, the section currently reads as follows:
"Order of Business will be renewed and announced to the assembly at the
beginning of each month by the Presiding Officer. The Order of Business
will be flexible and may be adapted to cope with immediate business. Members
will advise the Presiding Officer of suggested agenda items for future
Orders of Business."

If you agree with the motion, please respond with 'yes'; if you disagree
with the motion, please respond with 'no'.

Voting will continue until 07:00 a.m. 6 March 2010 unless all responses are
received prior to that.

March 8
With 13 board members voting, motion 2009/10-20 has passed.

Those voting yes: Alice Allen, Anne Allen Geoghegan, Colleen Pustola, Cyndie
Enfinger, Denise Wells, Gail Kilgore, Jeff Kemp, Larry Flesher, Les Shockey,
Linda Lewis, Pauli Smith, Tina Vickery and W. David Samuelsen.

Those recusing: none

Those not voting: Dale Grimm


Sherri Bradley
National Coordinator

Motion 2009/10-21 Motion to Extend the Deadline for the Guidelines Committee Proposed Document March 14

Jo Branch has been heading up the Guidelines Committee discussion and
keeping us organized.  The committee has requested an additional 5 days to
complete the assigned tasks.  Can I hear a general consent motion to approve
the requested time extension?

Sherri Bradley

Presented by Tina Vickery and seconded by Linda Lewis and dated 14 March
2010, the motion reads:

"I move, that by general consent, the Guideline Committee deadline be
extended an additional five days for completion of their work.  The date of
this extension will begin with the successful completion of this motion."

Are there any objections to this motion?

March 15
Under the requirements of General Consent and having heard no objection,
motion 2009/10-21 is declared passed.

The revised deadline for the proposed document is 20 March 2010.

Sherri Bradley
National Coordinator

MOTION 2009/10-22 Motion to Augment the Grievance Procedures March 15
Presented by Tina Vickery and seconded by Larry Flesher and dated 15 March
2010, the motion reads:

"I move that the V. GRIEVANCE PROCEDURES of the Standard Rules of the
USGenWeb Project http://www.usgenweb.org/volunteers/standard-rules.shtml be
augmented with the following with regard to the grievance process and the
confidentiality of the process:

The grievance process begins when the grievance is filed with the Grievance
Committee. Once received by the Grievance Committee Chair, a notice will be
submitted to the Advisory Board and posted on the EXEC list that includes
the names of all parties involved and a one or two word description of the
violation. This will serve as the Advisory Board's cue to cease and desist
any involvement until and unless the grievance resolution is appealed.

The grievance confidentiality begins when the grievance is filed with the
Grievance Committee.
The party filing the grievance must acknowledge AT THE TIME OF FILING that
they understand and agree to abide by the confidentiality of the grievance
process. All other parties must acknowledge AT THE TIME OF NOTIFICATION
that a grievance has been filed that they understand and agree to abide by
the confidentiality of the grievance process.

Grievance confidentiality extends to all parties (including the mediators,
arbitrators and GC
members) from the time the grievance process begins. Failure to agree to
abide by the confidentiality of the grievance process is grounds to
automatically and immediately lose the grievance.

The consequences for breaking the confidentiality of the grievance process
will be:

. The party that broke confidentiality automatically and immediately loses
the grievance with no option to re-file.

. A general statement such as "I've filed a grievance and cannot discuss it"
in answer to a question is not considered a breach.

. If the confidentiality is breached by someone outside of the parties
involved, the parties involved should not be penalized, unless it is evident
that a party to the grievance is intentionally feeding information, after
the grievance process began, to the one that broke the confidentiality.

. If the confidentiality is broken by the mediator, an arbitrator or the GC
representative to the mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties involved another chance to get
the issue resolved.

. Consequences for breaching the confidentiality of the grievance process by
someone outside of the grievance will be determined on a case-by-case basis
that may include a disciplinary hearing and penalties applied based on the
results of the findings."

Discussion is now open. If you have no discussion, please so indicate by
responding "No Discussion".

Sherri Bradley
National Coordinator

March 15
There is one thing wrong with the motion.

"Where is the due process to PROVE the breaking of confidentiality?"

No reference to Sturgis.

Who are "all parties" beside mediators, arbitrators and GC?

All boil down to discretionary powers by who? Who decides?
1. EXACT who are the judge and the jury in breaking of confidentiality.
It can not be the GC since members of the GC are prone to breaking it as
well.

2. Who should be the judge and the jury. It can not be the AB. The AB
must remain neutral without any hint of clique of majority tainting the
process.

3. There is no clear due process to prove intentional or intentional breach.

The Parliamentarians (both groups - American Institute of
Parliamentarians and National Association of Parliamentarians) have very
low tolerance of inclusion of anything to do with due process in the
bylaws to begin with so don't entertain any notion of amending the bylaws.

David Samuelsen

I cannot agree with some of the consequences for breaking confidentiality.
Automatic punishment is usually a bad idea. There is no differentiation
between an intentional breach and an inadvertent breach. And there are no
provisions for the accused to explain his actions.

Dale Grimm
The whole motion sounds out of wack... says a lot but actually doesn't say
anything.

Except you want the power to decide and not our peers and it doesn't say who
can break confidentiality... as we know it is broken if it is brought up to
the members of the AB. Especially if you are going to tell the AB that
someone broke it. So, who can talk and who can't?

Gail Kilgore

March 18
Shared with permission
The judge and jury for a grievance is the Grievance Team, i.e.
one volunteer mediator
two volunteer arbitrators
one Grievance Committee member who serves as a non-voting chair of the Team

This Team is the "judge and jury" for all aspects of a grievance, and that
would include a breach of confidentiality. The Team would decide if it
was intentional or not, and whether the breach was serious enough to merit
punishment.

I think the point of the amendment is to make a breach of confidentiality
an offense that may have consequences. Without consequences, the
confidentiality requirement can be ignored by anyone who thinks rules are
made for other people but don't apply to him/her.

Pat Asher, ARBenton CC
Permission granted to forward.

March 18
This was sent to me by a project member. Would
this re-wording work for all of those that have
concerns about the consequence section?

Thank you to the project member who took the time
to thoughtfully craft these changes.

Tina Vickery
_____

"To allay concerns, the section on consequences
could be rewritten to indicate who/where judgment
would be made -- something like the following.
(Changes in ALL CAPS)

The consequences for breaking the confidentiality
of the grievance process will be:

. IF THE GRIEVANCE TEAM DETERMINES ONE OF THE
PARTIES TO THE GRIEVANCE has broken
confidentiality, that party automatically and
immediately loses the grievance with no option to
re-file.

. A general statement such as "I've filed a
grievance and cannot discuss it" in answer to a
question is not considered a breach.

. If the confidentiality is breached by someone
outside of the parties involved, the parties
involved should not be penalized, unless it is
evident that a party to the grievance is
intentionally feeding information, after the
grievance process began, to the one that broke the
confidentiality.

. If the confidentiality is broken by the mediator,
an arbitrator or the GC representative to the
mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties
involved another chance to get the issue resolved.

. Consequences for breaching the confidentiality of
the grievance process by someone outside of the
grievance will be determined on a case-by-case
basis that may include a disciplinary hearing BY
THE ADVISORY BOARD, and penalties applied based on
the results of the findings."

March 18
If consequences for breach are to be defined for the aggrieved and the
accused they must also be defined for the GC, should that be the source of
the leak. Reassigning is a necessary disaster recovery step to allow the
grievance to continue but no consequence is defined.

I also approve of the additional wording offered above.

Linda K. Lewis

March 19
For every grievance filed there are 3 parties directly involved - the
grievance filer, the accused, and the GC. The same standards apply to all -
goose/gander. If it's zero tolerance for one, it is zero tolerance for all.
'Case by case' aptly applies to all those who are not part of the three
parties where some tolerance might be allowed.

Bullet 1 is bold and clear. It addresses the who, what, and why questions
for two of the three parties directly involved. Who = filer and accused,
what = forfeiture of the grievance, why = breach of confidentiality. Zero
tolerance.

Finally in bullet 4 we address the third party involved. We define who = GC
members, why = breach of confidentiality, corrective action to keep the
grievance on track, but there is no consequence at all. It's ok.

I suggest the GC bullet be a clone of 1 with an appropriate consequence. It
should also be the number 2 priority, IMO.
 
Linda K. Lewis

March 20
Shared with permission
The penalty for GC Members is already specified in the existing
Grievance Procedures:

Section 1, Qualifications.
"Because grievances are considered personnel matters, all volunteers
must state that they are willing to abide by strict confidentiality
requirements. Volunteers must also state that they understand that
violation of this confidentiality agreement will mean immediate
expulsion from the Grievance Committee, and could result in
determination of Member Not in Good Standing by the Advisory Board. "

If the new consequences section specifies a penalty for GC Members,
then the existing Qualifications section will have to be changed to
reconcile with the new section.

Pat Asher
ARBenton CC

March 21
I think we should stick with the GC's guidelines, and should include a
reference back to that paragraph to cover that issue. It's already in
place. Keep it there.

Denise Wells

March 22
Linda,

Are you good with not adding anything in this addendum about the
consequences for the GC members since that is already addressed in the
currently posted procedures? How about the rest of you that also questioned
this?

Are there any other issues that anyone feels need to be addressed other than
what was in the original motion and the re-wording suggested by Tina, below?
If there are, can we please hear them so we can get this agenda item
completed so we can move on to the next? (Yes, I know that the motion will
need to be revised, but it would be nice if we could get all changes
incorporated all at once.)

Sherri

March 23
If we are adding a consequences addendum, entitled Consequences, then all
the consequences need to be there....it only has to refer to, link to, or
repeat the consequences laid out elsewhere.

The documents become so poorly organized you cannot go to a section and find
everything about that topic. It becomes too easy to miss something.

Linda K. Lewis

March 25
Tina Vickery has withdrawn motion 2009/10-22 and Larry Flesher has withdrawn
his second to the motion. This motion is declared closed.

Sherri Bradley
National Coordinator

Motion 2009/10-22A Motion to Augment the Grievance Procedures March 26
Moved by Tina Vickery and seconded by Jeff Kemp and dated 26 March 2010, the
motion reads:

I move that the GRIEVANCE PROCEDURES, Section V of the Standard Rules of the
USGenWeb Project, at http://www.usgenweb.org/volunteers/standard-rules.shtml

be augmented with the following in regards to the grievance process and the
confidentiality of the process.

The grievance process begins when the grievance is filed with the Grievance
Committee. Once received by the Grievance Committee Chair, a notice will be
submitted to the Advisory Board and posted on the EXEC list that includes
the names of all parties involved and a short (5-10 word) description of the
violation. This will serve as the Advisory Board's cue to cease and desist
any involvement until and unless the grievance resolution is appealed.

The grievance confidentiality begins when the grievance is filed with the
Grievance Committee. The party filing the grievance must acknowledge at the
time of filing that they understand and agree to abide by the
confidentiality of the grievance process. All other parties must
acknowledge at the time of notification that a grievance has been filed that
they understand and agree to abide by the confidentiality of the grievance
process. 

Grievance confidentiality extends to all parties (including the mediators,
arbitrators and GC members) from the time the grievance process begins.
Failure to agree to abide by the confidentiality of the grievance process is
grounds to automatically and immediately lose the grievance.

The consequences for breaking the confidentiality of the grievance process
will be:

. The party that broke confidentiality automatically and immediately loses
the grievance with no option to re-file.

. A general statement such as "I've filed a grievance and cannot discuss it"
in answer to a question is not considered a breach.

. If the confidentiality is breached by someone outside of the parties
involved, the parties involved should not be penalized, unless it is evident
that a party to the grievance is intentionally feeding information, after
the grievance process began, to the one that broke the confidentiality.

. If the confidentiality is broken by the mediator, an arbitrator or the GC
representative to the mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties involved another chance to get
the issue resolved. Consequences for the GC representative are referenced
in Section V of the Standard Rules, Subsection A, under the "Qualifications"
item.

. Consequences for breaching the confidentiality of the grievance process by
someone outside of the grievance will be determined on a case-by-case basis
that may include a disciplinary hearing and penalties applied based on the
results of the findings.

Discussion is now open. If you have no discussion, please so indicate with
"No Discussion".

Sherri Bradley
National Coordinator

March 26
I move that the GRIEVANCE PROCEDURES, Section V of
the Standard Rules of the USGenWeb Project, at
http://www.usgenweb.org/volunteers/standard-rules.shtml
be augmented with the following in regards to the
grievance process and the confidentiality of the
process.

The grievance process begins when the grievance is
filed with the Grievance Committee. Once received
by the Grievance Committee Chair, a notice will be
submitted to the Advisory Board and posted on the
EXEC list that includes the names of all parties
involved and a short (5-10 word) description of the
violation. This will serve as the Advisory Board's
cue to cease and desist any involvement until and
unless the grievance resolution is appealed.

The grievance confidentiality begins when the
grievance is filed with the Grievance Committee.
The party filing the grievance must acknowledge AT
THE TIME OF FILING that they understand and agree
to abide by the confidentiality of the grievance
process. All other parties must acknowledge AT THE
TIME OF NOTIFICATION that a grievance has been
filed that they understand and agree to abide by
the confidentiality of the grievance process.

Grievance confidentiality extends to all parties
(including the mediators, arbitrators and GC
members) from the time the grievance process
begins. Failure to agree to abide by the
confidentiality of the grievance process is grounds
to automatically and immediately lose the
grievance.

The consequences for breaking the confidentiality
of the grievance process will be:

. The party that broke confidentiality
automatically and immediately loses the grievance
with no option to re-file.

. A general statement such as "I've filed a
grievance and cannot discuss it" in answer to a
question is not considered a breach.

. If the confidentiality is breached by someone
outside of the parties involved, the parties
involved should not be penalized, unless it is
evident that a party to the grievance is
intentionally feeding information, after the
grievance process began, to the one that broke the
confidentiality.

. If the confidentiality is broken by the mediator,
an arbitrator or the GC representative to the
mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties
involved another chance to get the issue resolved.
Consequences for the GC representative are
referenced in Section V of the Standard Rules,
Subsection A, under the "Qualifications" item.

. Consequences for breaching the confidentiality of
the grievance process by someone outside of the
grievance will be determined on a case-by-case
basis that may include a disciplinary hearing and
penalties applied based on the results of the
findings.

Tina Vickery
Representative at Large

Where you talk about the GC and the penalties for their breaking C,
would it be wise to include the link to the location of the g rules
that provides for the consequences for the g reps in

Denise Wells
Oh yes, I am certain that we can instruct/have Jeff
bookmark sections of this augmentation to
applicable sections in the Grievance Procedure.
The pieces of this motion will be augmented into
the appropriate sections of the procedures.

Tina Vickery
Alice and all - I've put up a temporary page that will show the changes (in
red, or by striking out the old text). The mock-up is at
http://usgenweb.org/temp/amended-standard-rules.shtml#conf. Does this help?

Mind you, this is my attempt to put the information where it belongs.
Please don't take this as the absolutely final rendition of this section or
delay getting a second to the motion just because you don't like where I've
put something. The "where" within the document could be adjusted if
necessary if the motion passes.

Can we do that?

Sherri Bradley

March 27

I do not like this motion. We have reverted back to the original text that
I objected to previously. The consequences do not have any provisions for a
hearing. The text stating "Anyone who has been proven guilty of breaking
confidentiality" is infinitely better than "anyone who broke
confidentiality."

The motion should also state where the text is to be inserted.

Dale Grimm
I agree with your thinking, Dale, as far as the motion needing to state where the text is to be inserted. Reading through the temp. site Sherri put up yesterday, I found the new text to be in places I would not have thought of to put it.

I'm still *out to lunch* on the consequences part, although right now I'm leaning towards objecting to that myself. I will forward the motion to the NENC to see if anyone there has any thoughts.

Alice
NENC CC Rep
Alice, is this more along the lines of what you were thinking about?

_____

The grievance process begins when the grievance is filed with the Grievance
Committee. Once received by the Grievance Committee Chair, a notice will be
submitted to the Advisory Board and posted on the EXEC list that includes
the names of all parties involved and a short (5-10 word) description of the
violation. This will serve as the Advisory Board's cue to cease and desist
any involvement until and unless the grievance resolution is appealed.

The grievance confidentiality begins when the grievance is filed with the
Grievance Committee. The party filing the grievance must acknowledge AT THE
TIME OF FILING that they understand and agree to abide by the
confidentiality of the grievance process. All other parties must
acknowledge AT THE TIME OF NOTIFICATION that a grievance has been filed that
they understand and agree to abide by the confidentiality of the grievance
process.

Grievance confidentiality extends to all parties (including the mediators,
arbitrators and GC members) from the time the grievance process begins.
Failure to agree to abide by the confidentiality of the grievance process is
grounds to automatically and immediately lose the grievance.

The consequences for breaking the confidentiality of the grievance process
will be:

. If the grievance team determines one of the parties to the grievance has
broken confidentiality, that party automatically and immediately loses the
grievance with no option to re-file.

. A general statement such as "I've filed a grievance and cannot discuss it"
in answer to a question is not considered a breach.

. If the confidentiality is breached by someone outside of the parties
involved, the parties involved should not be penalized, unless it is evident
that a party to the grievance is intentionally feeding information, after
the grievance process began, to the one that broke the confidentiality.

. If the confidentiality is broken by the mediator, an arbitrator or the GC
representative to the mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties involved another chance to get
the issue resolved.

. Consequences for breaching the confidentiality of the grievance process by
someone outside of the grievance will be determined on a case-by-case basis
that may include a disciplinary hearing and penalties applied based on the
results of the findings.

Specifically, the following modifications to the Standing Rules will be
made:

Section V of the Standing Rules, item E, number 1 will be modified to read:
The grievance process begins when a complaint is made by any of the
following: (Items a-c remain unchanged.) In addition, the following will
be added as a separate item after the last paragraph of number 1. "The
grievance confidentiality begins when the grievance is filed with the
Grievance Committee and extends to all parties (including the mediators,
arbitrators and GC members) from the time the grievance process begins.

Item E, number 2 will be modified to read: The initial complaint should be
brought to the Grievance Coordinator, and must include the following
information: (Items a-f remain unchanged.) Item g will be added, which will
state "An acknowledgement that the member understands that the
confidentiality of the grievance process begins when the complaint is filed
and that they agree to abide by the confidentiality of the grievance
process."

Item E, the first paragraph of subsection number 4 will be modified to read:
"Upon receiving the initial complaint, the Grievance Coordinator will assign
it a number, and appoint one of the permanent committee members to review
the complaint to determine whether it meets the requirements outlined in
subsection C of this Section. At the same time, the Grievance Committee
Chair will send a notice to the Advisory Board and to be posted on the
BOARD-EXEC mail list that includes the names of all parties involved and a
short (5-10 word max) description of the violation. This will serve as the
Advisory Board's cue to cease and desist any involvement until and unless
the grievance resolution is appealed."

The second paragraph of subsection 4 will be modified to read: "The review
of the complaint will result in an "accept" or "reject" determination from
the Committee Member assigned. The review at this level should assume that
the facts stated in the complaint are true, and the determination of the
viability of the grievance made based upon the assumption that the complaint
is true and a review of the by-laws, policies, or procedures alleged to have
been violated. The recommendation and the reasons therefore, shall be
provided to the Grievance Committee as a whole, and voted upon."

The fourth paragraph of subsection 4 will be modified to read: " If accepted
as a viable grievance, the parties shall be so informed. The parties must
acknowledge at the time of notification that a grievance has been filed that
they understand and agree to abide by the confidentiality of the grievance
process. Failure to agree to abide by the confidentiality of the grievance
process is grounds to automatically and immediately lose the grievance. A
Committee Member and volunteer mediator and two volunteer arbitrators will
be assigned. The parties to the grievance, the Committee Member, mediator,
and arbitrators will then be subscribed to a private email list."

The first paragraph of subsection 6 will be modified to read: " When the
team is seated, the parties shall be so advised by the Mediator. Everyone
will be reminded that the grievance confidentiality extends to all parties
(including the mediators, arbitrators and GC members) from the time the
grievance process begins and that failure to abide by the confidentiality of
the grievance process is grounds to automatically and immediately lose the
grievance. The parties shall have seventy-two (72) hours to submit to the
Mediator a written statement of their position on the issues of the dispute.
The mediator shall provide the position statements to the team members for
their review."

The current subsection 9 will be renumbered to subsection 10.

The following subsection will be inserted between the current section 8 and
the former subsection 9 (newly renumbered to section 10) and will be
numbered as subsection 9:

The consequences for breaking the confidentiality of the grievance process
will be:

. The party that broke confidentiality automatically and immediately loses
the grievance with no option to re-file.

. A general statement such as "I've filed a grievance and cannot discuss it"
in answer to a question is not considered a breach.

. If the confidentiality is breached by someone outside of the parties
involved, the parties involved should not be penalized, unless it is evident
that a party to the grievance is intentionally feeding information, after
the grievance process began, to the one that broke the confidentiality.

. If the confidentiality is broken by the mediator, an arbitrator or the GC
representative to the mediation/arbitration portion of the grievance, the
grievance gets reassigned to give the parties involved another chance to get
the issue resolved. (Link this to Section A, the paragraph entitled
"Qualifications".)

. Consequences for breaching the confidentiality of the grievance process by
someone outside of the grievance will be determined on a case-by-case basis
that may include a disciplinary hearing and penalties applied based on the
results of the findings.
Sherri Bradley

March 28
Yes, this works for me.

Alice

Announcement: 4th Qtr EC Report March 7
Having heard no objections to the 4th quarter EC report, it stands as
approved.

Sherri Bradley
National Coordinator

Resolution of Grievance 2009-08-15 March 11
With this note the Advisory Board is in Executive Session discussing the
resolution of a grievance that has recently been closed.

Sherri Bradley
National Coordinator

March 25
The Advisory Board has been in executive session discussing the resolution
of grievance 2009-08-15. This discussion was based on the final
determination report that the Grievance Committee submitted. Normally the
Advisory Board does not receive any information or a final report about a
grievance, but in this case because of the problems encountered during the
grievance process, they did. 

In regards to grievance 2009-08-15, filed by a FLGenWeb County Coordinator
against six members of the FLGenWeb board, and the report that the Advisory
Board received from the Grievance Committee dealing with problems
encountered during handling of the grievance, a formal hearing will be held
to determine if disciplinary action should be taken against two of the
FLGenWeb board members named in the grievance.

Charges against Fran Smith:

1 - Refusal to participate in good faith in the mediation and arbitration
phases of grievance 2009-08-15, filed by Ms. Laverne Tornow against six
individual FLGenWeb board members, as demonstrated by attempts to introduce
issues outside of the scope of the mediation and arbitration portions of the
grievance, raising repeated objections to questions posed by both the
mediator and the arbitrators and refusing to answer specific questions posed
by the grievance committee team and the insistence that the USGenWeb
Project's Grievance Process was not the proper venue to handle a grievance,
that all grievances must be filed in a court of law in the state of Florida.

2 - Repeated breaches of the confidentiality of the grievance, despite
repeated warnings during both the mediation and arbitration phases of the
grievance process by contacting those outside of the mediator, the
arbitrators and the GC representative handling the grievance.

3 - Failure to reinstate Ms. Laverne Tornow to all previous positions as
County Coordinator for the counties of Alachua, Baker, Bradford, Citrus,
Hamilton, Laayette, Marion, Pasco, Pinellas, Seminole and Union counties
that she held immediately prior to her removal from the project as directed
in the final determination of the Grievance Committee's report. The
USGenWeb Project bylaws and the Grievance Committee Procedures clearly state
that the decision of the Grievance Committee is binding upon all members of
the USGenWeb Project, therefore Ms. Smith is not in compliance with the
bylaws since Ms. Tornow has not been reinstated.

Charges against Dennis Gries:

1 - Refusal to participate in good faith in the mediation and arbitration
phases of grievance 2009-08-15, filed by Ms. Laverne Tornow against six
individual FLGenWeb board members, as demonstrated by attempts to introduce
issues outside of the scope of the mediation and arbitration portions of the
grievance, raising repeated objections to questions posed by both the
mediator and the arbitrators and refusing to answer specific questions posed
by the grievance committee team and the insistence that the USGenWeb
Project's Grievance Process was not the proper venue to handle a grievance,
that all grievances must be filed in a court of law in the state of Florida.

2 - Repeated breaches of the confidentiality of the grievance, despite
repeated warnings during both the mediation and arbitration phases of the
grievance process by contacting those outside of the mediator, the
arbitrators and the GC representative handling the grievance. The breaching
of the confidentiality continues to this day.

3 - Mr. Gries' insistence during the grievance process that he was not a
member of the USGenWeb Project, despite being a member of the FLGenWeb
Project, and as such, the USGenWeb Project's bylaws did not apply to him,
and that the grievance process was an illegal attempt to circumvent the FL
Corporate laws.

Sturgis states that " . . . every organization has the inherent right to
discipline, suspend or expel a member for valid cause, even if provisions
for doing so are not included in the bylaws" and "A membership can be
terminated and a member expelled because of violation of an important duty
to the organization, a breach of a fundamental rule or principle of the
organization, or for any violation stated in the bylaws as a ground for
expulsion. In general, termination of membership
is justified if a member fails or refuses to work within the framework of
the organization."

If a State Coordinator (or the managing board of a XXGenWeb Project has
engaged in removal of dissenting CCs, thereby taking away the state
project's ability to take advantage of the protections our bylaws provide,
we must fall back on the protections and disciplinary procedures outlined in
our parliamentary authority, Sturgis.

Therefore, to protect the rights of the County Coordinators in Florida, the
provisions for redress outlined in Sturgis must take precedence. Because I
received many of the emails that were a part of the breaches of the
confidentiality of the grievance, I will not be participating in the
disciplinary hearing. Tina Vickery, as RAL will be handling the
investigation and hearing. 

I will be subscribing the members of the AB, Fran Smith and Dennis Gries to
the USGWCONF mail list, which is unachieved. which is where the hearing on
the charges will be discussed. In addition, the option for subbing the
Grievance Team (the moderator, arbitrators and the GC representative that
chaired the grievance) to the list if it is determined that their input is
required.

Sherri Bradley
National Coordinator

Announcement: Call for Grievance Committee members March 30
The Grievance Committee of the USGenWeb is in need of members to be a part
of the Grievance Committee. If you are interested in being a part of this
committee, please note the minimum requirements stated below:

"Volunteers for the Grievance Committee will be required to meet certain
minimum requirements for service.

Volunteers must have a minimum of one year's continuous service as a Member
in Good Standing of either a State Project or a recognized Special Project
of the USGenWeb Project.

Because grievances are considered personnel matters, all volunteers must
state that they are willing to abide by strict confidentiality requirements.
Volunteers must also state that they understand that violation of this
confidentiality agreement will mean immediate expulsion from the Grievance
Committee, and could result in determination of Member Not in Good Standing
by the Advisory Board."

Letters of interest should be sent to John Quigley, Chair of the Grievance
Committee, at jquigley2@gmail.com
 
Thank you.

John Quigley
CC Kinney County TX
Chair Grievance Committee
jquigley2@gmail.com

 
Announcement: Re-subscribe to BOARD-EXEC March 19
For the record, Colleen Pustola was re-subscribed to the BOARD-EXEC mail list
on Monday, March 15 2010 after she reaffirmed that she would agree to
maintain the confidentiality of the BOARD-EXEC mailing list.

Sherri

Discussion of Guidelines Committee Report on ABCHAT March 27
For the record, the Advisory Board is currently discussing the Guidelines
Committee's report and suggested Guidelines document on ABCHAT. Please take
the time to read through the recommended document and be prepared to discuss
any changes, whether to add additional items, revisions that we determine
should be made, or items that should be removed. 

Many thanks to the Guidelines committee, Jo Branch, Judy Florian, Patrice
Green, Jeff Kemp and Billie Walsh for their work on this project. I know I
speak for the entire AB when I say that you took an almost impossible job
and did a wonderful job of compromising on a final product. This document
is a compilation of both the CC and SC guidelines documents that are
currently posted on the USGenWeb Project website if anyone want to compare
the two.

Please ensure that your discussion on this topic takes place on ABCHAT
instead of this list.

Sherri Bradley

Resignation of NWPL - State Coordinator Representative March 30
I have lost all respect for the Advisory Boards and a lot of its members. I
don't like closed doors but they also seemed to be closed when things are
happening that the members are not even aware of until it gets so big and
when it explodes we get advised that talks have been going on.

The sneaking and lying and playing sides is not what I want to be a part
of. Due to my health reasons, I am told I have to relieve stress in my life
and the most stressful thing is the AB.

Richard Harrison, I hope that you run for my seat and I pray that the
members of Colorado and Iowa will support his appointment to the AB.

Gail Meyer Kilgore
NWPL - SC Rep

March 30
On behalf of the Board, I accept your resignation. I wish you the best with
your health problems and in all your future endeavors.

Sherri Bradley
National Coordinator

ADJOURNMENT Sherri Bradley adjourned the March meeting on April 1, 2010.

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