Independent Appeals Board - how to get Redmond fined

mad lad

As has been said, the Union has overturned a motion from 2 years ago on health charges.

http://boards.ie/vbulletin/showpost.php?p=61808618&postcount=56

Council outmandates Exec. There are no time limits on motions.

It's probably worth sticking in a complaint to the Independent appeals board, which is kinda like a judiciary for the union. It has the power to deduct pay from officers. It's points 14 onwards that matter, breaking the constitution etc The complaint has to be in in the next 2 days -

(ii) A General Appeal must be made in writing to the Union Returning Officer within 3 days of
the relevant decision, action or inaction being published or made publicly known by the
officer or organ of the Union in question.

Article 18 – The Independent Appeals Board
1. There shall be an Independent Appeals Board, hereinafter referred to as “the IAB”, which shall be
the final tribunal of appeal within the Union and the ultimate judicial authority of the Union. The
IAB shall be the final interpreter of this Constitution.

2. The membership of the IAB shall comprise;
(i) The President;
(ii) A member of the Academic Staff of the University with legal qualifications nominated by the
Executive;
(iii) The Chair of Council;
(iv) The Legal Advisor to the Union;
(v) The Union Administrative Officer;
(vi) The Union Returning Officer; and
(vii) The Chief Returning Officer.

3. There shall be three categories of appeal, namely: General Appeal; Electoral Appeal; and
Disciplinary Appeal.

4. The Chief Returning Officer shall act as the chairperson of all meetings of the IAB, save that the
Legal Advisor to the Union shall act as the chairperson for the consideration of any Electoral Appeal
or any appeal of a decision of the Chief Returning Officer.

5. The Union Returning Officer shall act as secretary of the IAB.

6. If, for any reason, the designated members are unable to act as chairperson or secretary, the member
of the Academic Staff of the University with legal qualifications shall nominate a replacement from
among the members of the IAB.

7.
(i) The IAB shall meet as soon as practicable following the Inaugural Meeting of Council in
each academic year to nominate a list of alternate members of the IAB.
(ii) The rule of nemo iudex in causa sua shall apply in the consideration of all appeals.
(iii) In the event that the IAB is meeting to consider an appeal against the actions, or inactions, of
a member or members of the IAB, or if a member or members of the IAB are unable to
attend a meeting of the IAB, or are unable to consider an appeal by reason of the provisions
of subsection (ii), such members shall be suspended from membership for the consideration
of that appeal, but may nominate an alternate from the panel of alternates to sit in their place.
Such alternates shall, if approved by the remaining membership of the IAB, have full rights
to participate in the deliberations and decisions of the IAB.

8.
(i) An appeal shall be provided in writing to the Union Returning Officer, in sufficient detail to
allow for an initial consideration of the appeal, and the Union Returning Officer shall
transmit it to the relevant chairperson of the IAB.
(ii) The chairperson shall examine the appeal and make a preliminary judgement as to whether
the matters raised in the appeal require a formal hearing; if s/he decides within three working
days that the matters complained of are immaterial, or that the appeal is without merit, that
decision, and the reasons for that decision shall be communicated to the other members of the
IAB.
(iii) If two or more members of the IAB consider that the matters raised in the appeal require a
formal hearing, a meeting of the IAB shall be convened; otherwise, the appeal shall be
dismissed.
(iv) If an appeal is considered to require a formal hearing, a meeting of the IAB will be convened
by the secretary; such a meeting shall take place within 8 working days of the receipt of the
appeal.
(v) Notice of the date of the meeting shall be published on the Union website, and such notice
shall contain details of the appeal in question and shall invite submissions relevant to the
appeal. Any such submissions shall be in writing and must be received by the secretary not
less than 2 days prior to the meeting.

9. The quorum for meetings of the IAB shall be five members or alternate members.

10. Subject to this Constitution, and to the principles of natural justice and the general rule of law, the
IAB shall decide its own rules and procedures.

11. Should a situation not provided for in this Constitution arise, the IAB shall have the power to
formulate and enforce such transitory provisions as it may consider necessary.

12.
(i) An Electoral Appeal shall take place where a member of the Union seeks to overturn the
result of any election or referendum or to overturn any decision of the Returning Officers in
relation to an election or referendum.
(ii) An Electoral Appeal must be made in writing to the Union Returning Officer within 24 hours
of the declaration of the result or the making of the decision in question, as the case may be.

13.
(i) A Disciplinary Appeal shall take place where a person holding a position established under
Article 15 wishes to appeal against a decision, action or inaction of the Union President in
relation to a disciplinary matter which affects them personally.
(ii) A Disciplinary Appeal must be made in writing to the Union Returning Officer within 3
working days of the appellant becoming aware of the subject matter of the appeal.

14.
(i) A General Appeal shall take place shall take place where any member of the Union
complains to the IAB about the actions or inactions in relation to their duties, as defined by
the Constitution, of any officer or organ of the Union, or asserts that any decision, action or
inaction of any officer or organ of the Union is in breach of the provisions of this
Constitution, other than in a form constituting an Electoral Appeal or a Disciplinary Appeal.
(ii) A General Appeal must be made in writing to the Union Returning Officer within 3 days of
the relevant decision, action or inaction being published or made publicly known by the
officer or organ of the Union in question.

15. If the IAB concludes that any decision, action or inaction of any officer or organ of the Union is in
breach of the provisions of this Constitution, or that the actions or inactions in relation to their
duties, as defined by the Constitution, of any officer or organ of the Union are inconsistent with this
Constitution, the IAB shall declare the relevant decision, action or inaction to be ultra vires and
cause the it to be rescinded, reversed and/or varied.

16. If the IAB upholds an appeal against any elected officer of the Union or any person appointed under
Article 15, it may impose penalties on such an officer. The penalties may include:
(i) A formal reprimand; and/or
(ii) A deduction from the remuneration of such officer.

17. In relation to the conduct of an election, if the IAB considers it appropriate to do so, it may direct
that:
(i) A candidate be excluded from the election;
(ii) Restrictions be placed on a candidate; and/or
(iii) That an election be postponed until a later time.

18. At all meetings of the IAB, the chairperson of the meeting shall have a deliberative and a casting
vote.

Raphael

Personally, I'd much rather see a vote of no confidence in Mr Redmond.

mad lad

Raphael wrote: »

Personally, I'd much rather see a vote of no confidence in Mr Redmond.

nothing to say you can't do both.

Raphael

Excellent point

dajaffa

Just so you know exec can take decisions when council is unable to (like during holidays etc) BUT I don't think this was put to exec.

mad lad

Exec can make interim decisions. What Redmond outlined was a total change of UCDSU policy, not an interim decision. Any interim decision made by exec has to be ratified by the following council, in order to become policy.

Raphael

According to Mr Redmond it was put to exec.

Raphael

Raphael wrote: »

According to Mr Redmond it was put to exec.

I'm sure Council could still put a vote of no confidence in Exec.

RandolphEsq

/doesn't care