no harrassment

Bylaw Amendment to Protect Members from Harrassment

The following Bylaw Amendment is made to provide individual members with the same protection against harassment by another member that is currently afforded to our staff and leadership.  This proposal is presented for your review, and to be voted at the Annual Meeting to be held on November 20th, 2013 of the Berkshire County Board of REALTORS.   The Board of Directors endorses this modification and is presenting it for your consideration, per the one (1) week notice requirements of Article  XVI of our Bylaws.

Proposed Bylaw Amendment

Board Bylaws:  Section 13. Harassment. Any member of the association may be reprimanded, placed on probation, suspended or expelled for harassment of an association or MLS employee or Association Officer or Director [ADD ] or member [END ADD] after an investigation in accordance with the procedures of the association. As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and President-elect and/or Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the association. Disciplinary action may include any sanction authorized in the association’s Code of Ethics and Arbitration Manual. If the complaint names the President, President-Elect or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.

Article  XVI – Amendments:  Section 1.  These Bylaws may be amended by majority vote of the REALTOR® Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR policy.  Article IX may be amended only by a majority vote of all REALTOR® Members.  Section 2. The Board of Directors shall formulate and electronically transmit all proposed amendments to these Bylaws for consideration by the Membership to each Member eligible to vote at least one (1) week prior to the time of the meeting.