Following is the formal MGRC Ethics Complaint Review Procedure as recommended by the MGRC Ethics Committee and adopted by the MGRC Board of Directors on November 19, 2008.
Ethics Complaint Review Procedure
The following procedure shall be followed when a complaint is received by the MGRC Board of Directors regarding the conduct of any member.
1) Any complaint received by the MGRC Board of Directors shall be forwarded promptly to the President of MGRC for review. To be considered, complaints must be in writing, signed by the complainant and include contact information for the complainant. The complaint must also identify the claimed offender and include details of the conduct. Complaints must be brought forward within 30 days after the conduct occurred.
2) Upon receipt of the complaint, the MGRC President shall determine whether the complaint meets the following criteria; all the required elements are included, and whether the conduct detailed in the complaint could constitute a violation of the MGRC Code of Ethics. If so, the complaint shall be forwarded, on a confidential basis, to members of the MGRC Ethics Committee, and a formal meeting of the Ethics Committee shall be scheduled.
3) Within 5 business days of receiving a complaint, the President shall notify the named party and the complainant in writing that a complaint has been received, and whether or not the complaint has been forwarded to the MGRC Ethics Committee for further consideration. Notification to the named party shall include a copy of the complaint. If a complaint is forwarded to the MGRC Ethics Committee, notification to the named party shall also state that the named party may request a hearing before the Ethics Committee to respond to the complaint.
4) Upon receipt of notification from the President that a complaint has been received and forwarded to the Ethics Committee for review, the named party shall have 15 business days in which to respond in writing and/or to notify the Ethics Committee that the named party requests a hearing to respond to the complaint. The MGRC Ethics Committee shall hold a hearing promptly at a time both the named party and the committee are able to participate. A named party shall be given an opportunity to present information at the hearing and to have others speak on behalf of the named party.
5) The MGRC Ethics Committee may conduct an inquiry into the complaint in order to gather information necessary to its decision regarding the complaint. Based on the information presented and gathered, the MGRC Ethics Committee shall determine whether or not the named party has violated the MGRC Code of Ethics and what, if any, disciplinary action is appropriate. Possible actions against a member include written guidance for future action, probation from MGRC membership for a specific period of time or until certain conditions are met or termination of membership. The MGRC Ethics Committees decision shall be reported to the MGRC Board of Directors for final action.
6) Any members of the MGRC Board of Directors or the MGRC Ethics Committee who have a direct conflict of interest with respect to the complaint received shall remove themselves from the review process. If a member of the MGRC Ethics Committee removes himself or herself, the MGRC Executive Committee shall name an alternate.
7) Within 60 days after the President receives a complaint, the President shall notify the named party and the complainant in writing of the action taken. Upon receiving this decision, the named party shall been given 10 business days to appeal the decision to the MGRC Board of Directors and request an appearance before the board.
8) The complaint and all materials, correspondence, discussions, meetings and any other information arising from it shall be confidential with regard to all individuals except those individuals directly involved in the review described herein to the extent access to the information is necessary for the individuals to carry out their responsibilities or exercise their legal rights in the review.
9) The MGRC Board of Directors, with the consent of the named party, shall make public any of the information in MGRCs possession with regard to a complaint if the complaint or its claims become public and the board concludes that releasing the information is necessary to protect the reputation, credibility and economic well being of a lobbyist.