Issues Briefing Paper Ethics Advocate Procedure
October 16, 2008
The following is for study only and has NOT been approved by the Professional Standards Committee, Executive Committee or the Board of Directors.
Background:
In October 2005, the Business Practices Task Force recommended that the Professional Standards Committee adopt procedures to expedite ethics hearings and to “put the teeth” into the ethics process.
At the January 2006 Professional Standards Committee meeting, a number of proposed changes to the ethics rules were approved in concept. At that meeting, a Work Group was drafted to work on a step-by-step implementation proposal.
The following is a list of nine proposals discussed by the Work Group:
At the June 2006 meeting, a detailed Implementation Guideline for the nine proposals, along with eighteen model documents to be used in implementation by the local associations were presented to the Committee. The Committee members were asked to review the Implementation Guidelines and model documents and submit their comments. Those comments were considered by the Professional Standards Work Group on Implementation of Business Practices Task Force Recommendations, and three proposals were recommended to and adopted by the Committee at the October 2006 Committee meeting. The Work Group considered the remaining proposals at their January, June and October 2007 meetings. The Work Group was sunset in October 2007.
Discussion:
The following recommendations from the Work Group have already been adopted by the Committee:
Based on feedback from the associations that participated in the Ethics Advocate pilot program, the following recommendation is being made to the Committee:
1.That the Ethics Advocate procedure be adopted, subject to final approval from NAR.
Ethics Advocate Program, in Summary
· Ethics Advocate (“EA”) represents and advocates for a party to a disciplinary hearing.
· Rules already allow any party at disciplinary hearing to be represented by REALTOR® - this formalizes concept.
· EAs are specially trained members of the local Pro Standards Committee, appointed by the Chair of the Committee, to form an EA Subcommittee.
· Training to be done by C.A.R. attorney or C.A.R. certified pro standards trainers, in conjunction with regular pro standards training for volunteers.
· Each EA would be appointed to a one-year term.
· Meetings for EA roundtable discussions held at C.A.R. meetings.
· Regions also encouraged to host collaborative meetings.
· If complainant and/or respondent wishes an EA, a person from EA Subcommittee would be selected by Pro Standards Chair or designee.
· EA helps complainant draft complaint or respondent draft response, as well as other required procedural documentation, and represents respective party at hearing (if wanted).
· EA can participate at hearing as much as party wishes, including role similar to an attorney.
· EA program is optional for local associations.
Issue:
Whether C.A.R. should adopt a procedure to allow local associations to appoint an Ethics Advocate Subcommittee, whose members would assist parties to a disciplinary complaint through the process, by helping with paperwork and representing the party at the hearing, at the option of the party, subject to final approval from NAR..
Options:
Approve C.A.R.’s adoption of a procedure to allow local associations to appoint an Ethics Advocate Subcommittee, whose members would assist parties to a disciplinary complaint through the process, by helping with paperwork and representing the party at the hearing, at the option of the party, subject to final approval from NAR..
Do not approve C.A.R.’s adoption of a procedure to allow local associations to appoint an Ethics Advocate Subcommittee, whose members would assist parties to a disciplinary complaint through the process, by helping with paperwork and representing the party at the hearing, at the option of the party, subject to final approval from NAR..
