Judicial Panel
Rules of
Procedure
Table Of Contents
|
Article
I - Definitions Article
II - Membership and Organization Article
III - General Provisions Article
IV - Trials: General Procedures Article
V - Trials: Subordinate Trial
Body Decision Appeal Article VI - Miscellaneous |
Rules of Procedure
Correctional Officers
Association of Delaware
Approved May 31, 2003
Preamble
These judicial Panel Rules of
Procedure are adopted for the purpose of carrying out the functions and
responsibilities of the C.O.A.D.’s Judicial Panel, a body established by the
Correctional Officers Association of Delaware’s Constitution for the purpose of
resolving internal union disputes.
In adopting these rules, the Judicial Panel recognizes that it is not a court of law. The Judicial Panel is a part of C.O.A.D. which, by definition, is a correctional officers union. The members of the Judicial Panel, like their brothers and sisters in C.O.A.D., are first and foremost correctional officers. The members of the Judicial Panel are united in their belief that disputes between C.O.A.D. members involving C.O.A.D.’s Constitution can, and should be resolved within the union, in a manner consistent with the C.O.A.D.’s principles and without resorting to courts and lawyers.
C.O.A.D.’s procedures for the resolution of internal union
disputes are designed to allow union members to represent themselves without
having to incur the cost of outside counsel.
Article I
Definitions
Unless the context clearly indicates otherwise, the following terms when used in these Judicial Panel Rules of Procedure shall have the meanings set forth below:
Section 1. “Union” shall mean the Correctional Officers Association of Delaware and its Employees.
Section 2. “Constitution” shall mean the Constitution of Correctional Officers Association of Delaware.
Section 3. “Correctional Officer Association of Delaware” shall mean the pay grade employees of GS-10 and below, employed in the Bureau of Prison Department of Correction of the State of Delaware.
Section 4. “Judicial Panel or Panel” shall mean the body established and described in Article IX of the C.O.A.D. Constitution.
Section 5. “Panel Member or member of the Panel” shall mean any elected or appointed member of the Judicial Panel, including its chairperson and vice chairperson.
Section 6. “Trial Body” shall mean the Trial Body of C.O.A.D., as described in the Article IX Section 6 of the constitution.
Section 7. “Trial Officer” shall mean a member of the Judicial Panel appointed by the Judicial Panel Chairperson under the provision of Article IX, Section 6 of the constitution.
Section 8. “Chairperson of a
Trial Body” shall mean a trial officer elected by the trial body under Article
IX of the constitution.
Article II
Membership and Organization
Section 1. The Judicial Panel consist of five elected members of the Correctional Officers Association of Delaware, one of whom is designated as Chairperson in accordance with the constitution. The Judicial Panel Chairperson, or in the absence of the Chairperson the Vice Chairperson performs the duties set forth in the Constitution.
Section 2. The terms of election of members of the Judicial Panel shall be as established in the Article IX section 3 (a,b) of C.O.A.D.’s Constitution.
Section 3. In all matters requiring action by the Judicial Panel as a whole, a majority of its total seated membership shall constitute a quorum for conducting business.
Section 4. In addition to copies of charges being filed in accordance with Article XIII section (g) (h) of the Constitution, all communications of the Judicial Panel shall be directed to the Administrative Assistant and sent to Union Headquarters; except that any member of the Judicial Panel who has been assigned to serve as a Trial Officer, or as Chairperson of a Trial Body, may direct that matters connected with the case be sent directly to such member.
Section 5. Meetings of the
full Judicial Panel shall be held on the call of the Judicial Panel Chairperson
or on the call of the majority of the Panel Members.
Article III
General Provisions
Section 1. A charge must be submitted in accordance with Article XIII of the Constitution.
Section 2. A charge must be submitted in writing. A charge must be specific and must state the names and Institutional addresses of each person bringing the charge. The person bringing the charge must be a member in good standing of the Union. The charge must name the individual person or persons who are members, officers or staff of C.O.A.D. The charge must cite which alleged offense under which Article Section, of C.O.A.D.’s Constitution the person or persons are being charged with. The charge must cite the specific date and location of the alleged offense. The charge must cite the relevant facts. The charge must be signed and dated by the person or persons bringing the charge.
Section 3. Charges shall be submitted by registered mail, return receipt, as described in Article 11, Section 4 of these Rules.
Section 4. Copies of submitted charges are forwarded by registered mail, return receipt, by the Administrative Assistant of the alleged accused party or parties and by mail to the Judicial Panel Chairperson.
Section 5. As soon as practical after their receipt of a mailed copy of the charge, the Judicial Panel shall meet in person or by teleconference to determine if a complete and proper charge has been filed.
Section 6. If the Judicial Panel finds that the charge does not meet constitutional standards of specificity and/or due process it will respond in writing, as soon as practical, back to the charging party advising, without prejudice, of such finding.
Section 7. If the Judicial Panel finds that the charge does meet constitutional standards of specificity and the process, the charge will be considered as filed.
Section 8. The Judicial Panel Chairperson, in consultation with the Judicial Panel, will then select a Trial Body with consideration as described in the Constitution. The Judicial Panel Chairperson will set a trial venue and trial date. The Judicial Panel Chairperson will also take into consideration any undue hardship to both parties and the expense to the Union. The Judicial Panel Chairperson will ensure that notice of the trial venue and the filed charge is sent by registered mail, return receipt, to both the charging and accused parties, and that the Trial Body is copied.
Section 9. A request for a change in trial date and/or venue shall only be considered once by the Trial Body. A subsequent request for change of date and/or venue will only be considered by the body in the event of extraordinary circumstances or hardship.
Section 10. Any member or members of the Judicial Panel may voluntarily disqualify themselves from participation in any particular case by written notification to the Judicial Panel Chairperson, and such written notification need not state the reason for such voluntarily disqualification.
Section 11. No Panel Member who has disqualified themselves shall discuss such case with any other member of the Panel unless it be as witnessed under oath.
Section 12. No trial in which a member of the Judicial Panel is either the person bringing he charge or is the accused person shall be considered or heard by the Judicial Panel or its members. In the event such a case is filed with or appealed to the Judicial Panel, the Judicial Panel Chairperson shall refer the case to the executive board for further examination and shall notify both the person bringing the charge and the accused person that this has been done.
Section 13. With due recognition for Panel Members availability, travel distances, and other relevant factors, the Judicial Panel shall be responsible for fairly distributing among the members of the Panel cases and other matters reaching the Judicial Panel.
Section 14. The original decision in every case coming
before the Judicial Panel shall be filed with the Judicial Panel Chairperson
who shall be responsible for maintaining the current files of the Judicial
Panel. The Judicial Panel Chairperson shall
be responsible for reproducing the decisions and for distribution of decisions
to the Judicial Panel, and the President, of the Executive Board.
Article IV
Trials: General Procedures
Section 1. It shall be the duty of the Trial Officer to conduct hearing in an impartial and orderly manner. The Trial Officer shall have the authority, subject to other provisions of these Rules and the Constitution.
A. To administer oaths and affirmations;
B. To issue administrative request to appear to any witness;
C. To rule on all procedural matters, objections and motions;
D. To rule on all offers of proof and to receive relevant evidence;
E. To interrogate witnesses called by the parties in an impartial manner to develop and facts deemed necessary to fairly and adequately decided the matter under consideration; and,
F. To secure and present in an impartial manner such evidence, in addition to that presented by the parties, as the Trial Officer deems necessary to fairly and equitably decide the matter under consideration. The technical rules of evidence shall not apply to the proceedings of the Judicial Panel. The Trial Officer shall have complete discretion concerning the admissibility of evidence.
Section 2. These Rules shall be liberally construed and the Judicial Panel may, in its discretion, modify, waive, or supplant any of these Rules in any particular case, but only to the extent necessary to accomplish the purposes for which the Judicial Panel was established.
Section 3. In any case involving a novel or original interpretation of the constitution, the responsible member or members of the Judicial Panel shall inform the Chairperson immediately and the Chairperson shall refer the question to the Executive Board for determination.
Section 4. In computing any period of time prescribed or allowed by these Rules, the date of receipt of any document shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not Saturday, Sunday or a legal holiday.
Section 5. During the tenure of the case, it shall be the responsibility of each party to inform the Judicial Panel Chairperson and the Trial Officers hearing the case immediately in writing, of any change or error in such party’s address in accordance with Article II, Section 4 of these Rules.
Section 6. Copies of the decisions in any trial conducted by the Trial Body shall be served by registered or certified mail, return receipt requested, to the accuser and the accuser’s counsel of record, and to the accused and the accused’s counsel of record. In addition, copies shall be distributed to each member of the Judicial Panel, and the President of the executive board of C.O.A.D.
Section 7. The accused person in any trial shall have the right to choose either an open or closed hearing. Should the accused choose an open hearing, the Trial Officer shall nonetheless bar from the hearing room (1) all persons who are not members of the union except any person acting as counsel to the accused person or person bringing the charge and (2) any person who is to testify as a witness in the trial. The Trial Officer shall, at all times, have the authority to order the removal and the subsequent barring from the hearing room and person who causes or participates in any disruption of the proceedings, or who refuses to maintain proper decorum. Should the accused person choose to closed hearing, only the Trial Officers, the accused person and the accused person’s counsel of record, and the accuser and the accuser’s counsel of record shall be permitted continuous presence in the hearing room. Any witness called by either party or by the Trial Officers shall be present in the room only while giving testimony.
Section 8. The person
bringing the charge shall present the evidence in support of such charge. Following such presentation, the accused
person shall be afforded the opportunity to present a defense. The rights of
the accused person and the rights of the person bringing the charge shall be
observed at all times.
Article V
Trials: Subordinate Trial Body Decision Appeal
Section 1. An appeal of the decision of a trial body, as defined in these Rules and Procedures, shall be filed with the Judicial Panel within thirty (30) days following receipt of the decision. The appeal shall be in writing and shall be accompanied by a copy of the original charge and the decision that is being appealed. The appeal shall set forth in substance the appellant’s reasons for believing the subordinate trial body was in error and the nature of the error.
Section 2. Upon receipt of the appeal, the Judicial Panel shall make an initial determination as to whether or not the matter is to be filed. Should the Panel find that the appeal has not been submitted in a timely fashion, such appeal shall be summarily rejected; provided, however, that if the Panel finds that there were compelling or mitigating circumstances which caused the delay, the Judicial Panel may hold that the appeal is properly filed.
Section 3. Should the Panel find that the original charge which is part of the appeal is not sufficiently specific and detailed, the Judicial Panel Chairperson shall notify both the accused and the accuser of such finding and shall allow the accuser an additional period, not to exceed fifteen (15) days in which to make the charge more specific. Failure to do so negates the charge, dismissing any penalties that have been set to the alleged charge.
Section 4. Upon finding that the appeal is properly before the Panel, the Judicial Panel Chairperson shall appoint a Trial Officer in the manner provided in Article IV, Section 1, of these Rules.
Section 5. The Trial Officer shall establish the date, time, and place for the hearing and shall notify the parties at least fifteen (15) days in advance of such hearing.
Section 6. The trial shall be conducted in accordance with the provisions of Article IV of these Rules.
Section 7. Where the Trial Officer hearing the case desires to consider all or any portion of any written record made before a subordinate trial body, the Trial Officer shall so inform the accused person and the person bringing the charge and shall enter the matter into record.
Section 8. The Trial Officer may grant the parties the right to file briefs subject to such time limitations as the Trial Officer considers reasonable under the circumstances.
Section 9. The decision shall
be in writing and shall conform to the time frames set by the Judicial Panel
and the Executive Board.
Article VI
Miscellaneous
Section 1. The language of these Rules shall be liberally construed and shall be interpreted in a manner designed to fully protect the fundamental rights of members.
Section 2. These rules are
subject to and subordinate to the Constitution of C.O.A.D. and its employees.
It is the intent of the Judicial Panel that these rules shall conform to the
provisions of the Constitution of C.O.A.D.
Should a conflict between these Rules and the C.O.A.D.s’ Constitution be
found, the provision of the C.O.A.D. Constitution shall prevail.
/end
Rules
of Procedure
Correctional
Officer Association of Delaware
(Approved
May 31 2003)
Home | Staff | News | Publications | Articles | Meetings | Politics | Links