SETUP AND OPERATION PROCEDURE FOR THE
MEMBERS’ CONDUCT COMMITTEE
1. The Purpose of this Committee
The Members Conduct Enquiry Committee, an organ of GMI, and hereafter identified as the “Committee” will exist to examine evidence and adjudicate upon any enquiry, hereinafter “The Enquiry”, which may be raised by any party and relating to any ethical conduct query or complaint of a GMI member or an organ of the association.
The Enquiry may be raised from the membership of GMI, from its organs or from other associated parties.
In this document the party raising the Enquiry will be named “the Enquirer”, the party who is the subject of the Enquiry will be named “the Enquiree”.
2. Committee Members
The Committee consists of five members, three senior members, one nominated sponsor representative and one regular member.
Initially, the three senior members and the one nominated sponsor representative will nominate the fifth member.
Starting at the AGM in October 2018 and then bi-annually the Steering Committee will select, in strict random manner, a member in good standing out of the participants of the AGM. The Steering Committee will present this nominated member to the above four members of the Enquiry Committee. This fifth member must not be prejudiced in any ongoing Enquiry and will become part of the Committee for a term of twenty four months. An ongoing Enquiry from the previous term, if existing, will be continued by the nominated member of that term, even if it should span several terms. New Enquiries will be processed by including the new nominated member. The service as a nominated member is not only voluntary but an honourable duty of every and each member of IAMI Europe.
Starting at the AGM in 2020 any sponsor, regardless of personally being a member of GMI, or not, may volunteer for becoming a sponsor representative. The AGM will endorse the applicant/ one of the applicants for further 24 months as sponsor representative.
Should one of the Committee members wish to retire, or gets into a position of prejudice due to an upcoming Enquiry, or if by 2/3 majority the general membership wishes to replace a Committee member, then the GMI Steering Committee will propose a suitable temporary replacement. The proposed member’s name will be circulated by the Executive Administrator to all members of GMI in good standing to the member’s registered mail address. Members opposing to the proposal will need to reply to the Executive Administrator by mail within one week. No reply will be considered as tacit approval. In case the Enquiry against the member turns out to be baseless, the process will be reversed.
3. Method of Operation
An Enquirer wishing to raise an Enquiry against a GMI member or organ will be asked to provide a Bill of Petition of the Enquiry by certified mail to GMI or by e-mail to firstname.lastname@example.org. This petition should be supported by evidence. These may include, among others, correspondence, publications, witness statements. Each and every piece of evidence must be signed by the Enquirer. Verbal evidence may be given during hearings of the Committee.
Thereafter the Committee will give the Enquiree the same opportunity as the Enquirer. The Committee may conduct cross examinations, if required during hearings.
The Committee shall judge based upon general legal principles and the evidence presented by both parties. These principles shall follow the principle of evidence that can be accepted as true and verifiable and that is beyond challenge.
The Committee can come to a decision only after all available evidence has been considered and verified even if this requires multiple meetings of the Committee. Such meetings have to be organized cost efficient, considering tools like web conferences. However, in case expenses cannot be avoided, their budget has to be approved by the Steering Committee in advance.
A final decision may be made by the Committee once they are satisfied that all evidence at hand has been made available and the Enquirer and Enquiree have had the opportunity to present their case.
A majority decision will be made by the Committee which will be binding upon both parties.
After the decision, the Enquirer’s petition, the Committee’s decision and mode of vote (whether unison or, if applicable, by what majority) will be made public to all GMI members.
The evidence, or parts of it, should also be made available to the membership, unless the Committee decides for whatever reason that the evidence, or parts of the evidence, must be kept confidential.
4. Action taken upon the Committee’s Judgement
In accordance with the By-Laws of GMI Article II, Section 5 the Steering Committee GMI is obliged to act upon the Committee’s judgement.
5. Right to reserve Judgement
The Committee shall have the right to reserve any judgement if there is a lack of clear evidence from any of the parties involved. In that case, the Committee will publish a report, explaining the circumstances and reasons it could not come to a decision.
However, further evidence may be revealed in due course, either by presentation by any party, or by direct efforts of the Committee. In such case the Committee shall be obliged to reconvene at the earliest opportunity and reconsider the case. This will permit the Committee to carry out any further enquiries it sees fit in order to arrive at a satisfactory and fair judgement.
6. Immunity of the Committee
Enquirer and Enquiree both agree that the Committee and its members cannot be held liable for their judgements.
The Enquirer and/or the Enquiree may be represented by a suitable representative from within the membership of IAMI Europe. For that a written authorisation is required.
8. Time Bar
Time Bar for the Bill of Petition is twelve months from the date the Enquirer was first aware, or reasonably should have been aware of the subject of the Enquiry.
The Steering Committee, GMI
 Committee Members: Martin Åberg (Lifetime Member), Peter Clark (Lifetime Member), Peter Siegfried (Senior Member), Mikael Broberg (Member), for the initial four members refer to the Minutes of Meeting, Steering Committee 23.01.2018, final member elected by initial members on 14.04.2018.