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National Association of Professional Process Servers Policy Manual Adopted Changes

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					                                     NAPPS POLICY MANUAL
            Policy No. 1 - MEMBERSHIP                                                                                     board, and proceed with great care when dealing with
                                                             A.    Responsibility       to   Uphold   Standards     of    situations where the conflict may arise. In such cases, the
A.    Screening. The names of all applicants shall be        Confidentiality                                              board member should consider abstaining from voting on
published to the membership. If no objection is                                                                           an issue.
received within thirty (30) days after publication, the      Members elected to the Board of Directors as an officer
applicant is deemed accepted.                                and/or director are vested with professional                 2.           The obligation of a Board Member to timely
                                                             responsibilities in addition to those enumerated in the      report potential conflicts of interest extends beyond
B.     Objections. If an objection is received within        NAPPS Code of Ethics for members. The Board                  participation at a meeting of the Board of Directors.
thirty (30) days, the application will be held in abeyance   engages in deliberations of many matters having serious
until the applicant submits a written reply to the           effects on the Association and individual members, and       D. Consequences of Not Reporting Conflicts of
objection or appears in person at a board meeting to         the Association can be significantly damaged by              Interest
answer personally.                                           premature disclosure of confidential information.
                                                             Therefore, each Board member, as well as certain             D-1.          Questions as to whether a Board member
If no written reply or waiver of right to reply is           committee members who the Board concludes is privy           did not promptly report a conflict of interest may be
received, the application shall be considered rejected       to such confidential information, must understand and        raised by any member of the Board during an Executive
and applicant’s dues refunded.                               uphold standards of confidentiality. Each Board              Session of any regularly scheduled or specially scheduled
                                                             member, prior to taking the oath of office, and each         Board meeting. The member alleged to have not reported
C. If a member is convicted of a felony, or has their        committee member designated by the Board as being            a conflict of interest shall be provided the opportunity to
authority to serve process revoked by any authority, the     privy to confidential information, prior to accepting        be present during the meeting, and to be represented by a
member must notify the administrator within 14 days.         committee membership, must agree to the following            person of the member’s choice. If the member declines to
In either instance the Board of Directors shall take         ethical standards to be contained in a confidentiality       attend the meeting, the Board may conduct the meeting
whatever action they deem appropriate. Failure to            agreement, which is to be signed by the Board member         or delay the meeting at its discretion.
notify the administrator, the Board may take appropriate     and certain committee members.
action.                                                                                                                   D-2.         The Board shall, by majority vote, determine
                                                             A-1 Unless first authorized by the Board to do so, a         what action, if any, should be taken to resolve the matter.
                                                             Board member has no power or authority to speak for          The Board may vote to take no action if it is believed no
D.     Retired/Inactive Members. Any member, who             the Association.                                             violation of the duty to report conflicts of interest has
has been a member in good standing for an                                                                                 taken place, or if the Board believes the violation was
uninterrupted period of at least five (5) years and has      For any matters handled by the Board in Executive            inadvertent or of a minor nature. The Board may vote to
retired or become inactive in the field of process           Session:                                                     take action including, but not limited to, an informal
serving, shall be eligible to apply to the board of                                                                       admonishment by the President, up to and including
directors for a Retired/Inactive class of membership. It     A-1(b) A Board member will not disclose information          revocation of NAPPS membership. With the exception of
will be the determination of the The board to shall          about the Board’s and/or Association’s activities and        revocation of NAPPS membership, all such discipline
approve or disapprove the member’s request.                  unless those activities are already known by the             shall be determined by majority vote of the Board. No
                                                             membership or have been published to the membership,         revocation of NAPPS membership under this Policy shall
Annual dues will be set for this class of membership at      and first authorized by the Board. This section shall also   be affected except by a two-thirds majority vote of the
the annual conference.                                       apply to any member who is not on the Board but is           Board.
                                                             allowed to attend any part of an Executive Session.
This class of membership will entitle the member to                                                                          Policy No. 4 - GRIEVANCE & ARBITRATION
receive a subscription to The Docket Sheet, have their       A-1(c) Notice to members of the Board’s decisions
name, address and telephone number printed in the            should be made in writing and in a manner that allows        A.    The President shall appoint a Chairperson to handle
membership directory (if requested), and receive a copy      all affected parties to be informed and before the           all matters involving grievance and arbitration.
of the membership directory.                                 membership is informed.
                                                                                                                          B.    Any member who has cause to complain that a
The retired/inactive class of membership will have no
                                                             B. Consequences of Violating the Standards of                member of NAPPS has violated a provision of the Bylaws
voting rights. In the event a member in this class
                                                             Confidentiality                                              or Code of Ethics may submit their complaint to the
returns to an active role in the profession, they will be
                                                                                                                          Chairperson in the manner prescribed in this policy
required to become a full member.
                                                             1.           Questions as to whether a Board member          manual.
                                                             has violated the Standards of Confidentiality may be
E.     Honorary Member. The Board of Directors at
                                                             raised by any member of the Board during an Executive        C.     Complaints regarding nonpayment of bills shall
their discretion may designate any person an Honorary
                                                             Session of any regularly scheduled or specially              also be handled pursuant to the procedures in this policy
Member. Honorary members will be exempt from
                                                             scheduled Board meeting. The member alleged to have          manual. Any former member in good standing at the time
annual dues and will have no voting rights.
                                                             violated the standards of confidentiality shall be           of membership termination who has cause to complain
                                                             provided the opportunity to be present during the            that a member of NAPPS has violated a provision of the
This class of membership will entitle the member to
                                                             meeting. If the member declines to attend the meeting,       Bylaws or Code of Ethics, may submit their complaint to
receive a subscription to The Docket Sheet and to have
                                                             the Board may conduct the meeting or delay the               the Chairperson in the manner prescribed in this Policy
only their name printed in the membership directory.
                                                             meeting at its discretion.                                   Manual, but only as a complaint based on facts which
                                                                                                                          occurred while the former member was a member but not
The Board of Directors at their discretion will have the
                                                             2.            The Board shall, by majority vote,             more than one year prior to filing of the complaint.
power to delete any Honorary Member designation
                                                             determine what action, if any, should be taken to
previously conferred.
                                                             resolve the matter. The Board may vote to take no            D.    Any former member in good standing at the time of
                                                             action if it is believed no violation of the standards of    membership termination who has cause to complain that a
                 Policy No. 2 - DUES
                                                             confidentiality has taken place, or if the Board believes    member of NAPPS has violated a provision of the Bylaws
                                                             the violation was inadvertent or of a minor nature. The      or Code of Ethics, may submit their complaint to the
A.    Any applicant or member who because of
                                                             Board may vote to take action including, but not limited     Chairperson in the manner prescribed in this Policy
hardship is unable to pay dues in full, may, in writing,
                                                             to, an informal admonishment by the President, up to         Manual, but only as a complaint based on facts which
request the Board to grant a reduction or delay in
                                                             and including termination of NAPPS membership.               occurred while the former member was a member but not
payment. The Board may take whatever action it deems
                                                             With the exception of termination of NAPPS                   more than one year prior to filing of the complaint.
appropriate in each case including waiving the entire
                                                             membership, all such discipline shall be determined by
dues and application fee.
                                                             majority vote of the Board. No termination of NAPPS          E.    Should the Chairperson be involved in the
                                                             membership under this Policy shall be effected except        complaint, the grievance shall be submitted to the
     Policy No. 3 - OFFICERS & DIRECTORS
                                                             by a two-thirds majority vote of the Board.                  President who will serve as, or appoint, a temporary
                                                                                                                          Chairperson for this matter only.
The Secretary shall cause the Administrator’s Office to
                                                             C. Conflicts of Interest
record all motions made, who made the motion and
                                                                                                                          F. Procedure for Filing Non-payment Grievances
results of the vote at all Board Meetings. The Secretary
                                                             Board Members have loyalties to NAPPS, to their
shall verify the record, making any adjustments deemed
                                                             individual companies and to other entities, including               F-1       The complaining member (hereafter
necessary, and disseminate to the Board of Directors for
                                                             other State Associations. Board Members must stay alert      referred to as “Complainant”) after taking reasonable
approval at the next regularly scheduled meeting of the
                                                             for potential or perceived conflicts between loyalties to    steps to collect a debt which is now 90 days delinquent,
Board of Directors.
                                                             those interests and disclose potential conflicts to the      shall send an original Notice of Intent to File Complaint
to the nonpaying member (hereafter referred to as                    I-2       If the dispute is monetary, the                from the date of the Chairperson’s letter to respond to the
“Respondent”) by regular mail with a copy to the               Chairperson may determine the amount of any funds to           charge.
Chairperson                                                    be deposited by the parties with the Administrator.
                                                                                                                                     K-2       Where a number of complaints submitted
      F-2       If payment is not made within fourteen               I-3 (a) I–2 (a) The Chairperson shall provide            by a member indicate a persistent pattern of filing
(14) days of the date of mailing of the Notice of Intent to    each member of the panel with a copy of all pleadings.         nonpayment       or    unethical/unprofessional   conduct
File Compliant, the Complainant may file a complaint by                                                                       complaints which are frivolous or without real substance,
submitting the following documents to the Chairperson:                I-2 (b) The panel shall make a ruling decision on       the Chairperson Administrator shall notify such member,
1) the original Nonpayment Complaint signed by the             this written record but shall have the right, in its sole      in writing, of such finding and that such continued action
Complainant, 2) a copy of the Notice of Intent to file         discretion, to request from the parties the Chairperson to     by the member may result in disciplinary action by the
Complaint, and 3) all supporting documentation.                attempt to obtain additional materials, clarification or       Board. The member shall have fourteen (14) days from
                                                               supplemental information.                                      the date of the Chairperson’s letter to respond to the
      F-3       All forms pertaining to Arbitration &                                                                         charge.
Grievance shall be on a form prescribed by the Board and              I-3 (c) I-2(c) The panel shall render a majority
shall be available in the membership directory or by           written decision or recommendation on the merits of the               K-3       If, after notification by the Chairperson,
contacting the Chairperson and on the web site.                dispute and a separate majority written decision on            the persistent pattern of nonpayment or unprofessional or
                                                               proposed sanctions, if any, and send the written               unethical conduct by a member continues or the member
G.   Procedure     for    Filing   Unethical             or    decision(s) together with any dissents to the chairperson.     persists in filing complaints which are frivolous or
Unprofessional Conduct Grievances:                                                                                            without real substance, the Chairperson shall refer the
                                                                      I-3 (a) In a decision calling for a monetary award,     matter to the Board for disposition. The Board, at its
       G-1      Any member who has cause to complain           the Chairperson shall advise the responsible party and         discretion, will determine what constitutes a persistent
that a member of NAPPS has violated a provision of the         payment must be received by the Chairperson within             pattern and may take whatever disciplinary action it
Bylaws or Code of Ethics may submit to the Chairperson         fourteen (14) days from the date of the written notice or      deems appropriate.         The Board will notify the
a written complaint containing the sufficient particulars of   no later than a specific date stated in the notice.            Chairperson and the Chairperson will in turn notify the
the grievance along with all supporting documentation.                                                                        member, in writing, of the action taken.
                                                                      I–3 (b) a recommendation calling for non-monetary
       G-2       The Chairperson may appoint a neutral         sanction(s) shall be brought before the Board of Directors     L.     If membership is revoked, the ex-member shall not
third party who will attempt to resolve the dispute of the     for review and final decision.                                 be eligible to re-apply for membership for a period of
parties. This third party shall maintain a written record                                                                     one (1) year from the date of the Chairperson’s letter
and attach the record to the complaint file along with any           I-4 (a) Either party may appeal the decision(s) of       notifying the member that his/her membership has been
resolution of the dispute. If the matter cannot be resolved,   the grievance panel by filing written notice within            revoked of final disposition of revocation.
and the issues raised are unique in nature, as                 fourteen (14) days of the postmark date of the decision(s)
determined by the chairperson the matter shall be              of the panel, a written appeal with the Chairperson            M. Failure to comply with the bylaws of this
submitted directly to the Board. Otherwise, the                together with a statement of the reasons supporting the        Association, or the procedures as outlined in this policy
grievance procedure shall continue as outlined in Section      appeal. If the dispute is monetary, the Chairperson shall      manual, or the rulings and decisions of the Arbitration
H of this Policy Manual.                                       determine the amount of any funds to be deposited by the       panel or Board, shall constitute sufficient grounds for
                                                               Appealing Party with the Administrator.                        suspension, expulsion, or any sanction the Board deems
      G-3        If complainant has filed a similar                                                                           appropriate, after the Board of Directors has made an
grievance with a chartered state association at or near the          I-4 (b) The Chairperson shall notify the President       independent determination on the sufficiency of the
same time as that filed with NAPPS, NAPPS shall hold           of any appeal filed.                                           complaint that initiated the grievance procedure. With
such grievance in abeyance until notified that the                                                                            the exception of revocation of NAPPS membership, all
chartered state association has resolved the complaint.              I-4 (c) If an appeal if filed, the decision(s) of the    such discipline shall be determined by majority vote of
                                                               grievance panel is stayed pending resolution of the            the Board. No revocation of NAPPS membership under
H.   Procedure for All Grievances after Submission             appeal.                                                        this policy shall be done except by a two-thirds majority
to Chairperson                                                                                                                vote of the Board.
                                                                       I-4 (d) If such appeal is not filed timely, the
       H-1       The Chairperson shall give written notice     decision(s) of the panel shall be final; however, the Board    N.    The purpose of this Policy is to insure that every
to the Respondent of the Grievance and the date the reply      at its option may accept a late appeal.                        member is treated fairly and justly. To this end, the Board
is due, and will send a copy of the grievance to the                                                                          shall have the authority, by majority vote, to take that
Respondent by reliable means The Respondent must reply               I-4 (e) The Chairperson shall submit the appeal          action necessary to carry out the purpose of the Policy,
in writing, together with all supporting documentation to      and all documentation to the Board at the next regularly       including but not limited to, the granting of extensions of
the Chairperson. The reply must be received within             scheduled board meeting for a ruling, which ruling shall       time and reconsideration of actions taken.
fourteen (14) days from the date of the Chairperson’s          be deemed final and not subject to further appeal.
letter containing the complaint, or within such additional                                                                    O. All decisions of the Board are final and binding.
time as the Chairperson, in his/her discretion may grant             I-4      Upon notification of the outcome by the         However, this does not preclude a request for re-
for good cause shown.          If no reply is received,        Chairperson, the Treasurer shall make the necessary            consideration based upon facts unknown to the board at
Respondent is then in violation of Policy 4, Section M,        disbursement of any funds held in escrow.                      the time of its decision.
and the matter shall then be submitted to the Board of
Directors.                                                     J.    Retention of Complaints:
                                                                                                                                                                     Amended 02/22/98
       H-2      The Chairperson shall send a copy of the             J-1    All matters submitted to the Arbitration &                                               Amended 10/03/98
reply to the Complainant.                                      Grievance Committee shall remain confidential.                                                        Amended 11/10/01
                                                                                                                                                                     Amended 02/12/05
      H-3      The complainant may offer a rebuttal to               J-2       Once a matter has been resolved or                                                    Amended 11/04/06
the Chairperson. The rebuttal must be received by the          disposed of, the Chairperson shall forward the file to the                                            Amended 08/15/09
Chairperson within fourteen (14) days from the date of         Administrator for retention.                                                                          Amended 11/21/09
the Chairperson’s letter to the Complainant containing the                                                                                                           Amended 11/06/10
Respondent’s reply.                                                   J-3       The Chairperson shall retain, for a period                                           Amended 08/06/11
                                                               of three (3) years, a listing and disposition of each matter                                          Amended 11/05/11
       H-4      Should the Respondent fail to respond as       submitted to the Arbitration & Grievance Committee.                                                   Amended 03/10/12
required under Policy 4, Section H-1, the Chairperson
shall submit the matter to the Board of Directors.             K. Consistent Pattern of Complaints:

I. Arbitration                                                       K-1      Where a number of complaints filed
                                                               against a member indicate a persistent pattern of
       I-1       After all procedures have been followed       nonpayment or unethical/unprofessional conduct, the
as prescribed in Policy 4, Section H, the Chairperson          Chairperson shall notify such member, in writing, that a
shall submit the matter to binding arbitration before a        continuance of similar complaints received by the
panel of three (3) members selected by the Chairperson.        Committee may result in reprimand, suspension, or
                                                               expulsion. The member shall have fourteen (14) days

				
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