DENVER ASSOCIATION OF PETROLEUM LANDMEN
CONSTITUTION AND BYLAWS Revision of Bylaws as Amended through November 2018
Under all is the land. Upon its wise utilization and widely allocated ownership depend the survival and growth of free institutions and of our civilization. The Code of Ethics shall be the basis of conduct, business principles and ideals for the members of the Denver Association of Petroleum Landmen.
In the area of human endeavor involving trading under competitive conditions, ethical standards for fair and honest dealing can be made increasingly meaningful by an association organized and dedicated not only to the definition, maintenance and enforcement of such standards, but to the improvement and education of its members. Such is the objective of the Denver Association of Petroleum Landmen and such is its public trust. Such standards impose obligations beyond those of ordinary trading. They impose grave social responsibility and duty to which the landman should dedicate himself. A landman, therefore, is zealous to maintain and improve the standards of his calling and shares with his fellow landmen a common responsibility for their integrity and honor. The term “landman” has come to connote competency, fairness, integrity and moral conduct in business relations. No inducement of profit and no instruction from clients can ever justify departure from these ideals.
NAME AND OBJECTIVES
The name of this Association shall be “Denver Association of Petroleum Landmen”, hereinafter referred to as “Association” or “DAPL”. The objectives of this Association are:
- To advance the profession of landwork in oil, gas and other minerals exploration and development.
- To advocate thorough and continuing land education.
- To uphold the honor and integrity of the oil, gas and other minerals industry.
- To cultivate cordial relations among the members of this Association.
- To perpetuate the history of the profession and the memory of its members.
- To abide by, further and uphold its Code of Ethics.
The headquarters of this Association shall be in the City and County of Denver, State of Colorado.
POWER OF GOVERNMENT
The supreme power of the Association shall be vested in its Active Members in good standing present at any regular or special meeting, or the Executive Committee may refer any matter to the entire membership of the Association for a vote by mail or other means approved by the Executive Committee. A majority vote shall control unless herein otherwise expressly provided.
Executive Committee, Constitution and Powers.
- The President, the Immediate Past President, the First Vice-President, the Vice-President, the two Directors, the AAPL Director, the Secretary and the Treasurer shall constitute the membership of the Executive Committee. These positions shall be elected by the Active Membership as provided in Article VI, Elections.
- The Executive Committee shall manage the affairs of the Association except as specially provided otherwise in these Bylaws, and subject to the supreme power of the members provided for above, and may be guided by the “Rules and Procedures” adopted by the Executive Committee and handed down from one administration to the next for this purpose. The Executive Committee may refer to the members of the Association with its recommendation for proposed action, such as the Committee considers appropriate or necessary. The Executive Committee shall have authority to employ such administrative help as may be necessary and to terminate such employment
- Meetings of the Executive Committee shall be held at the call of the President or of any five (5) members of the Committee. At least five (5) day’s notice of meetings shall be given to the Executive Committee members, but any Executive Committee member may waive notice. Five (5) Executive Committee members present shall constitute a quorum; a majority vote on any issue shall control, unless otherwise herein provided.
- Executive Committee members at remote locations may attend meetings or vote on any matter through any electronic means approved by the Executive Committee. Executive Committee members attending meetings from a remote location shall be deemed to be present at such meetings. The electronic voting on any matter, which does not allow for debate at the time of the voting, shall be ratified by the Executive Committee at its next meeting.
Eligibility for membership and acceptance of any applicant therefore shall be determined by the Membership Committee (more fully described in Article VIII hereof) and shall be approved by the Executive Committee.
Application for either Active, Associate or Student membership shall be made on forms prescribed by the Membership Committee. Each Active or Associate applicant shall be sponsored by one (1) Active Member who shall personally know the applicant and be able to attest to the applicant’s eligibility for membership. With board approval, the Membership Chairman may act as sponsor for someone who does not know an Active Member who could serve as their sponsor.
Eligibility for membership shall be premised upon the following:
- Active Members: Any person exclusively engaged as a Practicing Land Professional who is primarily responsible for the acquisitions, negotiation and/or management of interests in oil, gas and/or other mineral estates, and/or who derives a significant portion of his income as a result of performing Landwork.
- An Active Member shall have a minimum of one (1) year experience as a Practicing Land Professional. The one-year minimum experience requirement may be waived by the Executive Committee for a graduate of a Petroleum Land Management/Minerals Land Management program that has been approved by the American Association of Professional Landmen (“AAPL”).
- If otherwise qualified under this section, eligibility will not be affected by classification of employment, department or managerial assignment.
- Life Members: Any Active Member who attains the age of sixty-five and who has been active in the Association for the most recent five (5) years. Life members shall enjoy all the rights and privileges of Active Members. Life members shall be exempt from the payment of dues.
- Distinguished Members: Membership shall be conferred for life upon those professional landmen who have served the Association as its President or Landman of the Year. Distinguished members shall have all of the privileges of an Active Member and shall be exempt from annual dues.
- Associate Members: This membership will allow those professionals who are not landmen to join the Association; however, they will not be able to chair a committee without the prior approval of the Executive Committee, or to vote, or to hold office. The dues for this membership will be set by the Membership Committee.
- Student Members: Any person as a full-time student in an accredited college may be eligible for a student membership. This membership will allow those students who are not landmen or other type of professional
to join the Association, however, they will not be able to chair a committee, or to vote, or to hold office. The dues for this membership will be set by the Membership Committee.
Election of a qualified applicant to membership shall be by (a) two-thirds vote of the members of the Association present at any regular or special meeting, or (b) all members of the Executive Committee present at a meeting of the Executive Committee. One negative vote by a member of the Executive Committee shall prevent election. Any qualified applicant rejected by the Executive Committee may, at his request, have his application voted upon by the Association membership at the next regular meeting of the Association.
Expulsion. Any membership can be canceled upon the following:
- Conviction of a felony in a State or Federal Court shall automatically cause expulsion from membership in the Association.
- Expulsion from AAPL under Article XVI of its Constitution shall be grounds for denying membership or renewal of membership in this Association.
- Expulsion may also occur by Executive Committee vote as provided for hereinafter.
OFFICERS AND DUTIES
The officers of the Association shall be those holding Executive Committee positions, which are the President, the Immediate Past President, the First Vice-President, the Vice-President, the two Directors, the AAPL Director, the Secretary and the Treasurer. The terms for the elected positions are further set out in Article VI, Elections.
- Once a member has served a term as First Vice-President he automatically becomes President for a full term.
- A vacancy in any elected office except the office of President and First Vice-President shall be filled by appointment of the Executive Committee from the Active Membership.
- No member shall serve more than one (1) consecutive term in the same office.
- The entire Executive Committee shall be bonded and/or insured in the minimum amount of Five hundred thousand dollars 500,000.00) or an amount approved by the Executive Committee and this bond and/or insurance policy shall be paid for by the Association.
- All checks shall be signed by two (2) of members of the Executive Committee. The members of the Executive Committee designated for signing authority shall be the President, First Vice-President, Vice- President, and Treasurer.
- The newly elected Executive Committee shall have an accounting review performed on the books for the previous fiscal year in June of each year and a report of said accounting review shall be made available to the membership through the Treasurer upon request.
All of the officers shall perform the duties hereinafter set forth and as the President may further prescribe.
- The President shall preside at all regular and special meetings of the Association and at Executive Committee meetings and shall approve all committees. The President shall also appoint chairmen for any special committees or events he may create that have been approved by the Executive Committee. The President will serve as the principal contact for DAPL as regards the public, press, industry, government and AAPL other than those duties assigned to the AAPL Director. The President shall perform general duties to oversee the management of the local association, office and personnel, if any.
- The Immediate Past President shall be a member of the Finance and Planning Committee and the Chairman of the University Liaison Committee in addition to the Executive Committee. The Immediate Past President shall attend all regular and special meetings of the Executive Committee.
- The First Vice-President succeeds to the office of President in the year next following his term and, during his term, shall perform the duties of the President when the President is absent or unable to perform same. In case of the removal of the President from his office for any reason, the powers and duties of the office of the President shall devolve upon the First Vice-President for the remainder of that term. If the office of First Vice-President is vacated for any reason other than that of assuming the office of President, there shall be a special election to fill the vacancy. The First Vice-President shall serve on the Finance and Planning Committee, shall be Chairman of the Nominating Committee. The First Vice President shall assist the President in carrying out the business of the Association.
- TheVice-President shall perform the duties of the President in the absence or inability of the President and the First Vice-President to do so. The Vice President shall assist the Executive Committee and the President as directed.
- The Directors shall be familiar with Parliamentary Procedure, the Association’s Bylaws and, upon the request of the President, shall chair ad hoc committees. In the year following a Director’s completed term the former Director shall serve on the Finance and Planning Committee.
- The AAPL Director shall act as liaison between the Association and the AAPL in all matters and will keep the Association members advised on all items of special interest. Subject to the approval of the DAPL President, the DAPL shall reimburse the AAPL Director (or in lieu thereof, the DAPL President of Board approved representative) an amount set by the Executive Board, which will be reviewed yearly, to attend AAPL quarterly Directors’ meetings.
- The Secretary shall keep a record of the proceedings of all meetings of the Association and of the Executive Committee and of such other matters as the Committee may direct, and shall distribute same to the Executive Committee by electronic means for their approval, and to the Association. The Executive Committee shall ratify their approval of the minutes for any meeting at the following Executive Committee meeting. The Secretary shall be responsible for keeping the seal of the Association. The Secretary shall attend all regular and special meetings of the Executive Committee to document the minutes of same or shall request of the President that a substitute be named in the event he cannot attend.
- The Treasurer shall be responsible for the collection and disbursement of all funds, for the maintenance of the Association accounts and shall be prepared at all times to exhibit detailed statements of expenditures and the amounts due to and by the Association. The Treasurer shall serve as the vice-chair of the Finance and Planning Committee in addition to the Executive Committee. In the year following the Treasurer’s term, the immediate past Treasurer shall remain on the Finance and Planning Committee and serve as the Chairman of that committee for one year. The Association books shall be at all times subject to examination and audit by the Executive Committee and subject to the special yearly June review by the Executive Committee. No expenditures shall be made by the Association in excess of two hundred fifty dollars ($250.00) without the express approval of the Executive Committee.
The elected officers of the Association are the First Vice-President, the Vice-President, the two Directors, the AAPL Director, the Secretary and the Treasurer. Elected officers shall be elected by mail, or such other manner approved by the Executive Committee, and shall serve for the term running concurrent with the next fiscal year or until their successors have been elected and have taken office or for that term set by the Executive Committee.
Nominations for the elected officers shall be made by the Nominating Committee. The President shall instruct the Nominating Committee that officers shall be chosen on the basis of ability and willingness to serve the needs of the Association rather than as a method of conferring honors.
- The Nominating Committee shall select candidates from the Active Members of the Association for the following positions:
OFFICE, TERM OF OFFICE
First Vice-President, 1 year
Vice-President, 1 year
Director 1, 2 years in even year
Director 2, 2 years in odd year
AAPL Director, 2 years in even year
Secretary, 1 year
Treasurer, 1 year
First Vice-President then automatically becomes President for a consecutive one (1) year term and then automatically becomes Past President for a consecutive 1 year term.
The ballot for that election must clearly provide for write-in candidates.
The President shall serve in an advisory capacity to the Nominating Committee. The names of the members on the Nominating Committee shall be provided to all Active Members of the Association by February 15 of that election year or shall be provided to the membership at the February regular Association meeting.
- On or before March 1 of the year in which the election takes place, the Nominating Committee shall report to the Executive Committee the names of the nominees. At the first regular meeting in March, the nominees shall be introduced to the membership. All nominees will be given an opportunity to speak providing that the First Vice-President candidates will be limited to ten minutes each and all other candidates to five minutes each. Immediately thereafter, each Active Member will be provided a ballot listing the candidates alphabetically and providing ample space for write-in candidates. All properly delivered ballots received no later than midnight, two weeks after membership announcement, shall be tabulated by the Nominating Committee. The election results shall be announced at the regular meeting in April.
Each Director shall be elected for a term of two (2) years with one Director elected in even years and the other Director elected in odd years.
The AAPL Director shall be elected every odd year for a term of two (2) years or until a successor has been elected and taken office. The candidates, in addition to the qualifications necessary for the other officers as defined above, must also be members of the AAPL. Such candidates shall be elected in the same manner as the other officers provided, however, the candidates for AAPL Director shall appear on a ballot, which will be sent only to Active Members who are also AAPL members. Eligible voters, for the purpose of electing the AAPL Director, shall be defined as any person who is both a Active Member of the Association and of the AAPL.
The fiscal year and the membership year of this Association shall commence on June 1.
During the last three months of any membership year, the Executive Committee shall have the power to set the amount of dues for the next membership year.
Reinstatement: Any member who fails to pay the annual dues by June 1 may be reinstated by remitting the current year’s dues and the current reinstatement fee, if any. Delinquent members may apply for said reinstatement within that membership year in which the delinquency occurred. Failure to reinstate during said period will require compliance of the Bylaws as set forth under Article IV, Membership.
Section 1. Standing Committees. The standing Committees of the Association shall be: AAPL Certification, Awards, Finance and Planning, Community Service, Education, Ethics, IT/Technology, Legal & Legislative, Membership, Newsletter/Advertising, Nominating, Regulatory & Advocacy, Scholarship, Social Media, and University Liason. The President shall appoint a chairman and/or co- chairman for each standing Committee if no chairman is in place. Each chairman shall appoint the remaining members of the Committee, subject to the approval of the President.
The Standing Committees, when active and with an appointed chairman, shall be responsible for the duties hereinafter stated.
- The AAPL Certification Committee will be responsible for reviewing and investigating the background of local applicants for AAPL certification as a “Certified Professional Landman”, “Registered Professional Landman” or “Registered Landman” and in making recommendations for their candidacy to the Committee. There shall be at least one (1) Certified Professional Landman in good standing on the committee.
- The Awards Committee shall choose the Landman of the Year, submit application to AAPL for Apex awards and recommend other awards to the Executive Committee. The committee shall be co-chaired by the most recent Landman of the Year and a co-chair volunteer from the membership. The membership co-chair shall serve a two-year term. The voting committee members shall include: the co-chairs, President, First Vice President and the Directors. Local association awards will share the current requirements of the AAPL awards when and if deemed applicable
- The Finance and Planning Committee shall be responsible for maintaining a report of proposed and actual income and expenditures of the Association and its committees as well as perform a review the past goals and performance of the Association and its Executive Committee and shall make recommendations to the Executive Committee as to the future direction of the Association.
- The Community Service Committee shall recommend charities and community service projects to the Executive Committee for participation by the Association
- The Education Committee shall consider the educational needs and desires of the Association and shall fulfill these responsibilities by planning and conducting educational programs and events.
- The Ethics Committee’s duties and responsibilities are described in Article XI.
- The IT/Technology Committee shall promote and enable the use of technology to enhance the value of DAPL membership and to increase the efficieny of the organization. The Committee shall provide technical advice and support to the Executive Committee, Standing and Envents Committees, and other contributors.
- The Membership Committee shall determine the eligibility of applicants for membership and present its findings to the Executive Committee. In addition, the Membership Committee shall organize and administer all functions necessary to conduct the membership business of the Association if it is directed to do so by the Executive Committee.
- The Newsletter and Advertising Committee shall be responsible for: 1) maintaining directory listing all members of the Association and including such other information as shall be deemed to be of general interest to members; 2) keeping the membership informed of all Association functions, educational events, and industry activities through monthly publication of the organization’s Newsletter; 3) establishing and maintaining cordial and constructive relations with other mineral industries, other landmen’s associations and the public in general; 4) handling and promoting publicity through magazines, newspapers, radio, television, etc., affecting all items of special interest; and 5) soliciting commercial advertisements from companies and businesses to be published in the Association’s media sources.
- The Nominating Committee shall consist of not less than four (4) Active Members of the Association which shall include the First Vice-President as Chairman. The remaining members shall be appointed by the First Vice-President. This Committee shall consider, recruit and nominate candidates to run for the elected offices for the Association.
- Regulatory and Advocacy Committee shall be responsible for educating the DAPL membership on current ballot initiaties and how they affect our industry and overall economy. The Committee shall also be responsible for offering training to members on industry facts and how to effectively engage others.
- The Scholarship Committee shall 1) receive and review applications for scholarships; 2) recommend annually to the Executive Committee the number of scholarships to be awarded in accordance with the approved regulations governing the DAPL Scholarship Fund, Inc.; 3) Recommend the scholarship winner(s) and; 4) Initiate publicity regarding the scholarships.
- The Social Media Committee shall be responsible for maintaining and monitoring the online presence of the Association on social media sites. The Committee shall actively engage and inform the membership of upcoming events, community service and other volunteer opportunities, and other information to enhance the membership experience.
- The University Liaison Committee shall be responsible for establishing and maintaining relationships with regional universities with accredited land management curriculums. The Committee shall provide assistance with obtaining Student Members as well as be a resource to students interning in Denver. The Immediate Past President shall serve as the Chair of this Committee.
Other Committees. The President or First Vice President may appoint such special Committees and the requisite chairmen as is deemed necessary by the Executive Committee, including any events that may be held such as the golf tournament or ski day.
Advance notice for all meetings shall be sent to all members by mail or other means approved by the Executive Committee. The meetings of the Association shall be classified and held as follows:
- Regular Meetings – A minimum of one (1) meeting shall be held each month at the time and place designated by the Executive Committee. The Executive Committee may, at its discretion, schedule additional regular meetings and also discontinue them for a period not to exceed three (3) months during the year. The Annual Meeting for the Association shall be the meeting held in May of each year.
- Special Meetings – Any meeting held at the call of the President or the Executive Committee. At special meetings, no business shall be transacted except that stated in the call.
At all regular or special meetings of the Association, the Active Members present shall constitute a quorum for the transaction of business.
Persons at remote locations may attend meetings through any electronic means approved by the Executive Committee and such persons shall be deemed to be present at such meetings.
Except as otherwise provided herein, the meetings shall be conducted according to the parliamentary procedure in Robert’s Rules of Order as it may be revised from time to time. No member shall be permitted to speak more than ten (10) minutes at any one time nor more than twice on the same subject, without leave of the Association; and the question upon granting leave shall be decided by a 2/3 vote without debate.
CODE OF ETHICS
The Code of Ethics shall be the basis of conduct for business principles and ideals for the members of the
Association and it shall be understood that conduct of any member of the Association inconsistent with the provisions set forth in this Article shall be considered unethical and said individual’s membership status shall be subject to review for possible disciplinary action as prescribed in Article XI of these Bylaws.
It shall be the duty of the landman at all times to promote and, in a fair and honest manner, represent the industry to the public at large with the view of establishing and maintaining good will between the industry and the public. The landman, in his dealing with landowners and others outside the Industry, shall conduct himself in a manner consistent with fairness and honesty, such as to maintain the respect of the public.
Competition among those engaged in the mineral and energy industries shall be kept at a high level with careful adherence to established rules of honesty and courtesy. A landman shall not betray his employer’s or client’s trust by directly turning confidential information to personal gain. The landman shall exercise the utmost good faith and loyalty to his employer or client and shall not act adversely or engage in any enterprise that conflicts with the interest of his employer or client. The landman shall represent to others his area of expertise and shall not represent himself to be skilled in professional areas in which he is not qualified.
In order to inform the members of the specific conduct, business principles and ideals mandated by the Code of Ethics, the DAPL has adopted the following Standards of Practice and every member shall conduct his business in accordance therewith.
STANDARDS OF PRACTICE
- In justice to those who place their interests in his care, a landman shall be informed regarding laws, proposed legislation, governmental regulations, public policies and current market conditions in his area of represented expertise, in order to be in a position to properly advise his employer or client.
- It is the duty of the landman to protect the members of the public with whom he deals against fraud, misrepresentation and unethical practices. He shall eliminate any practices which could be damaging to the public or bring discredit to the petroleum or mining industries.
- In accepting employment, the landman pledges himself to protect and promote the interests of his employer or client. The obligation of absolute fidelity to the employer’s or client’s interest is primary but it does not relieve the landman of his obligation to treat fairly all parties to any transaction or to act in an ethical manner.
- The landman shall not accept compensation from more than one principal for providing the same service nor accept compensation from more than one party to a transaction without the full knowledge and written consent of all principals or parties to the transaction.
- The landman shall not deny equal professional services to any person for reasons of race, creed, sex or country of national origin. The landman shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, creed, sex or country of national origin.
- A landman shall provide a level of competent service in keeping with the standards of practice in those fields in which a landman customarily engages. The landman shall not represent himself to be skilled in and shall not engage in professional areas in which he is not qualified, such as the practice of law, geology, engineering or other disciplines.
- The landman shall not undertake to provide professional services concerning a property or a transaction where he has a present or contemplated interest unless such interest is specifically disclosed to all affected parties and such disclosure is acknowledged in writing by such parties.
- The landman shall not acquire for himself or others an interest in property which he is called upon to purchase for his principal, employer or client without the written consent of said principal, employer or client. He shall declare any currently held interest in the area, which might be in conflict with his principal, employer or client. In leasing any property or negotiating for the sale of any block of leases, including lands owned by himself or in which he has any interest, a landman shall reveal the facts of his ownership or interest to the potential buyer.
- If a landman is charged with unethical practice or is asked to present evidence in any disciplinary proceeding or investigation, he shall place all pertinent facts before the proper authority of the Association.
- The landman shall not accept any commission, rebate, interest, overriding royalty or other profit on transactions made for an employer or client without the employer’s or client’s knowledge and written consent
- The landman shall assure that monies coming into his possession in trust for other persons, such as escrows, advances for expenses, fee advances and other like items, are properly accounted for and administered in a manner approved by his employer or client.
- The landman shall avoid business activity which may conflict with the interest of his employer or client or which may result in the unauthorized disclosure or misuse of confidential information.
- The landman shall at all times present an accurate representation in his advertising and disclosures to the public.
- The landman shall not aid or abet the unauthorized use of the title “Certified Professional Landman”, (“CPL”, “Registered Professional Landman”, (“RPL”), and “Registered Landman”, (“RL”)..
- The landman shall not participate in conduct which causes him to be convicted, adjudged or otherwise recorded as guilty by any court of competent jurisdiction of any felony and offense involving fraud as an essential element or any other serious crime.
The Ethics Committee shall be responsible for upholding the ethical standards of the Association by making recommendations to the Executive Committee for appropriate action. The Ethics Committee shall also be responsible for decisions on disciplinary action based on unethical actions by a member under the following procedures.
- The Ethics Committee shall consist of up to seven (7) members including a chairman and a vice-chairman. The President may designate alternate members for a hearing, who many serve in the place of absent Ethics Committee members for the purpose of conducting hearings as provided herein.
- Written allegations of misconduct in violation of Article IV and/or Article X hereof or any portion of these Bylaws shall first be submitted to the President of the Association. Such allegations should be accompanied by a full statement of the evidence in support thereof.
- The President shall refer such allegations of misconduct to the chairman of the Ethics Committee who shall appoint an investigating committee to examine the allegations. The investigating committee may be made up of the members of the Ethics Committee, including without limitation, the chairman. If, in the judgment of said investigating committee, there exists probable cause necessitating a hearing, it shall prepare and file a formal complaint against the accused member. Such complaint shall set forth in writing the misconduct complaint and the specific provisions of the Code of Ethics, Bylaws or rules or regulations alleged to have been violated by such misconduct.
- In addition, the Ethics Committee on its own motion may appoint an independent investigating committee to examine an indication of or information about misconduct coming to the attention of such committee when, in its judgment, such investigation is in the best interest of the Association and its members. Such independent investigating committee may be made up of the members of the Ethics Committee, including without limitation, the chairman. If, in the judgement of said independent investigating committee, there exists probable cause necessitating a hearing, it shall prepare and file a formal complaint against the accused member. Such complaint shall set forth in writing the misconduct complaint and the specific provisions of the Code of Ethics, Bylaws or rules or regulations alleged to have been violated by such misconduct.
- The President shall be kept informed of the progress of all investigations and subsequent actions.
Notice of Hearing. As soon as possible after the receipt of formal charges, the Ethics Committee shall set the date and place for hearing and shall give to the accused member notice in writing by hand delivery or registered mail to his last known address not less than thirty (30) days before said hearing date, accompanied by a copy of the formal charges and a copy of this Article.
Prehearing Procedure. No later than 21 days after receiving the Notice of Hearing and complaint, the accused member shall be entitled to file an answer to the complaint, which answer may admit, deny, or explain the various charges contained in the complaint, and may contain attachments, exhibits and/or other relevant evidence pertaining to the charges. Failure to file such answer shall constitute a rebuttable presumption that the accused member admits to all charges and recommended disciplinary action(s) contained in the complaint. The chairman of the Ethics Committee shall determine if additional prehearing filings from the investigating committee and the accused member are warranted and if so, shall set a prehearing schedule for such filings. The Colorado Administrative Procedures Act shall govern the pre-hearing proceedings to the extent it is not modified by, and does not conflict with, these bylaws and the chairman’s prehearing order. The chairman shall have the authority and discretion to modify the prehearing order and to modify the procedures set forth in the Colorado Administrative Procedures Act in order to ensure that the prehearing and hearing process is conducted in an efficient, cost-effective and judicious manner.
- All hearings shall take place before a panel that is composed of the President of the Association, the immediate past President of the Association, and the First Vice-President of the Association. In the event any of those persons are unavailable, have a conflict of interest that would prevent such person from rendering an impartial decision, or otherwise are unwilling or unable to participate in the panel, such person shall be replaced as follows. The first person shall be replaced by the Vice-President of the Association. Additional persons shall be replaced by, in order, one of the Association’s Directors, the AAPL Director, one of the Association’s other officers, or one of the Association’s committee chairs. The intent of this provision is to ensure that the panel shall have three members who are capable of rendering a fair and impartial decision in the hearing.
- The highest-ranking member of the panel shall be appointed as the chair of the panel, unless the panel elects a different chair, which election shall be by unanimous vote of all three members of the panel.
- The investigating committee shall present its findings to the hearing panel and shall have the burden of demonstrating by a preponderance of the evidence that the accused member has violated the Association’s Code of Ethics, as set forth hereinabove.
- The accused member may appear with legal counsel at the hearing, has the right to confront the accuser, has the right to hear any witnesses in support of the charges and has the option to cross-examine same, present witnesses of his own or submit oral or written statements on his own behalf.
- The investigating committee may likewise appear with legal counsel, present witnesses and have the right of cross-examination.
- The accused member may, by registered letter addressed to the chairman of the Ethics Committee, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the panel adjudge the matter on the basis of a written statement of defense accompanying such letter.
- Failure of the accused member to appear or submit a waiver letter and a written defense shall not prevent the panel from rendering a decision on the basis of the evidence available to it on the hearing date.
- In general, the Colorado Rules of Civil Procedure and the Colorado Rules of Evidence applicable in civil non-jury cases in the district courts of Colorado shall apply to hearings held pursuant to this Section unless they are inconsistent with the Association’s Bylaws. Notwithstanding the foregoing, such rules may be relaxed, where, by so doing, the ends of justice will be better served. The chairman of the panel shall interpret, enforce, and where appropriate, relax or waive such rules. When useful to ascertain information, the panel may receive and consider evidence not admissible under the rules of evidence, if the evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. Informality in any proceeding or in the manner of taking testimony shall not invalidate any order or decision of the panel.
- An audio or written transcript of the hearings shall be made a part of the record of the hearing.
Decision of the panel. After the conclusion of the hearing or study of the written defense submitted in lieu thereof, the panel shall consider and vote to sustain or dismiss the charges. By a majority vote, the panel shall recommend to the Executive Committee which of the following measures should be taken, which measures may be cumulative: :
- Dismissal of complaint.
- Private Censure.
- Public Censure.
- Suspension for a stated period of time.
- Allowed to resign.
The panel may also recommend a negotiated settlement whereby the measures that would otherwise be imposed are annulled, rescinded, suspended or reduced in consideration of the accused member agreeing to performance of some public service benefitting the Association’s members and/or the Profession of landwork. If the Executive Committee approves the panel’s recommendation, the Executive Committee shall so notify the accused member in an appropriate manner. The Executive Committee shall have final responsibility and authority to approve or disapprove the panel’s recommendation and to notify the accused member accordingly.
Appeal Procedure. The accused member shall have the right to file an appeal request with the Executive Committee of the Association.
- Within forty-five (45) days after receipt of the notice of request for an appeal hearing, the Executive Committee shall set the date and place for a hearing and shall give the appellant written notice by registered mail at the appellant’s last known address not less than thirty (30) days before said appeal hearing date. On the date fixed for the appeal hearing, the attendance of at least two-thirds of the members of the Executive Committee shall constitute a quorum for the conduct of said hearing.
- Proceedings for the appeal hearing shall be at the direction of the Executive Committee. The decision by two-thirds of those present shall render a judgment to sustain the approved recommendation of the panel or render a different judgment. The decision of the Executive Committee shall be final.
Period of Suspension. The period of suspension shall begin upon the date established in the decision to suspend and shall run for the time specified. At the termination of the suspension period, the individual shall be reinstated under the following conditions:
- A signed statement shall be furnished that during the period of suspension the individual has fully complied with the Code of Ethics of the Association as though the individual had been a member thereof.
- The individual pays the current dues.
Resignation. Upon acceptance by the Executive Committee, the resignation of the accused member from the Association at any stage in the foregoing procedure shall automatically terminate the proceedings.
Expulsion. The person who is expelled from the Association under these proceedings shall thenceforth be ineligible for reinstatement to membership except as stated In Section 9, Reinstatement.
Reinstatement. An individual who has resigned under Section 7 or who was expelled under Section 8 above shall be eligible to apply for reinstatement to membership three (3) years following the date of resignation or expulsion. Reinstatement shall require approval by the majority of the Executive Committee after review and recommendation by the Membership and Ethics Committees.
Amendments may be made to these Bylaws by the vote of two-thirds of the Active Members present at any regular or special meeting of the Association or by a majority vote of the returned ballots provided to the Active Members, or by such other means that may be authorized by the Executive Committee. No amendment shall be considered unless a copy of the same shall have been included in the advance notice or call of the meeting or unless a copy of same was provided in the manner authorized by the Executive Committee.
(The masculine gender as used in this Constitution and Bylaws shall also include the feminine.)