1. Any Co-op Member has the basic right to appeal any decision made by the Co-op, whether it be by a Committee or by the Board of Directors.
2. This policy is subordinate to any other policy or bylaw which contains any appeal procedures in it. In a case where appeal procedures in another policy are inadequate or not outlined, the General Appeal Policy will be viewed as an extension of that policy.
3. There are two types of appeals:
a) Appeals of Committee decisions
b) Appeals of decisions of the Board of Directors
A) Since all Committees are answerable to the general membership through the Board of Directors, appeals of Committee decisions will be handled in the following manner:
i) Within 10 days of the Committee’s decision, the Member must submit to the chairperson of the Board of Directors a letter of appeal.
ii) Within 10 days of receipt of the letter of the chairperson must call a meeting of the Board of Directors to resolve the appeal. Unless all parties agree otherwise, this meeting will be closed to all but:
a) the Board of Directors
b) the chairperson, or spokesperson, for the committee
c) the member who is appealing the decision, or her/his spokesperson, and
d) An appointed chairperson, if necessary [as per a (iii)].
iii) The chairperson for the special Board meetings will be, mutually appointed by both sides of the appeal. Each side may choose a representative to state its case at the meeting. The meeting shall include the following:
a) an opportunity for each side to state its case;
b) an opportunity for each side to rebut;
c) an opportunity for the members of the Board to ask questions ;and
d) A vote by the Board.
The duration of points (a), (b), and (c) will be at the discretion of the chair. However, points (a) and (b) must be equal time in duration for each side of the appeal.
iv) At this meeting only members of the Board of Directors have a vote. The voting will be held in private.
B) Including section A above, any decision of the Board of Directors can be appealed to the General Membership with the following regulations:
i) Within 20 days of the Board’s decision, a petition must be submitted to the chairperson of the Board. The petition must contain the motion for appeal to be discussed and the signatures of at least 10% of the Co-op Members.
ii) Upon receiving this petition, the Board of Directors must call and hold a special meeting within 20 days giving the Members of the co-op 10 days notice of this meeting.
iii) The chair for the special Membership Meeting will be, mutually appointed by both sides of the appeal. Each side may choose a representative to state its case at the meeting. The meeting shall include the following:
a) an opportunity for each side to state its case;
b) an opportunity for each side to rebut;
c) an opportunity for the Membership to ask questions; and
d) a vote by the Membership.
The duration of points (a), (b), and (c) will be at the discretion of the chair. However, points (a) and (b) must be equal time in duration for each side of the appeal.
iv) It is the responsibility of both sides of the appeal to appoint a scrutiniser to supervise the counting of the ballots. The names of scrutinisers must be given to the chairperson before the meeting. If either side does not pick its scrutiniser, the chairperson will choose one, or both, at the beginning of the special meeting.
iv) All voting will be by secret ballot and the count will be kept secret unless the losing party asks for the official count.
v) A recount of the votes may be, requested by either party. Once the number of a recount matches a previous count or recount that number will be the final count and the ballots will be destroyed.
vi) If no recount is asked for, the ballots will be destroyed.
vii) No business may be discussed at the meeting, which does not relate to the petition for the meeting.
ix) Unless a petition to re-instate the appeal of at least fifty percent (50%) of the Membership is brought to the Board of Directors, the decision of the special Membership Meeting is final.
NB For all appeals related to the termination of Membership, an appeal to the Registrar of Co-operatives may be made as outlined in sections 122, 123, and 124 of the Co-operatives Act.