Arguments for Motion to Dismiss
On or about September 16, 2011, a certified letter addressed to Christopher Robison was delivered to 621 Holloway Avenue from House Committee Chair Eric Wright. The letter was notification that Club privileges for Mr. Robison were suspended as of September 9th, 2011. This was the first communication received concerning this matter. The stated charge was "allegations that you have exhibited conduct unbecoming an Elk" with no other detail concerning the allegation. After performing due diligence on the statutes referenced purporting to grant authority for this suspension, various due process violations and procedural irregularities were discovered. The irregularities and process violations discovered are listed below. Upon the House Committee's review of these findings there will be no doubt that a reversal of the suspension of Club priviliges for Christopher Robison will be required and all Club priviliges restored.
House Committee has no Jurisdiction Over This Matter
Section 16.040 of the Statutes states that:
The supervising or managing body of the Club, social parlor or other facility shall have the power to suspend a Member from Club, social parlor or other facility privileges for a period not exceeding one (1) year, for violation of rules duly adopted by the Committee on Judiciary for such Club, social parlor or other facility, or conduct Unbecoming An Elk on such premises, after ten (10) days written notice to the Member and served personally or by regular first-class mail after a hearing before the supervising or managing body.
According to Opinion 14 of Section 16.040:
14 The Governing Body of a Home or Club facility has no jurisdiction to punish a member (by suspension of Club privileges) for misconduct at a place other than the Home or Club facility, as such jurisdiction vests solely in the Subordinate Forum.
The language of the statutes is quite clear that the House Committee has no jurisdiction over misconduct which took place at a location other than the Club facilities. In addition to the wording of Section 16.040 statute, an opinion has been given specifically noting that jurisdiction for misconduct which took place somewhere other than the Club facilities is a matter to bring before the Subordinate Forum. No impropriety occured at the Club facility rendering the Club suspension order null and void.
No required 10 day written notice given
Section 16.040 of the Statutes states that:
The supervising or managing body of the Club, social parlor or other facility shall have the power to suspend a Member from Club, social parlor or other facility privileges for a period not exceeding one (1) year, for violation of rules duly adopted by the Committee on Judiciary for such Club, social parlor or other facility, or conduct Unbecoming An Elk on such premises, after ten (10) days written notice to the Member and served personally or by regular first-class mail after a hearing before the supervising or managing body.
According to Decisions 07, 08, and 09 of Section 16.040:
07 The Governing Body of the Lodge is required to strictly follow the provisions of Section 16.040, including the ten (10) day written notice required. (Grand Forum, Case No 1035, 2003)
08 Due process of law implies that right of a Member to be present before a tribunal, to hear the charges presented against the Member and to have the right, if possible, to controvert those charges. (Grand Forum, Case No. 1036, 2003)
09 The failure of the Supervising or Managing Body of the Club to give a Member at least ten (10) days written notice of his alleged violation of club rules or Conduct Unbecoming An Elk committed on club premises prior to a hearing before that Body on the alleged violations renders all subsequent proceedings a nullity. (Grand Forum, Case No. 1046, 2003)
As no notification of the alleged violation of Conduct Unbecoming an Elk committed on club premises was given to the accused prior to a suspension hearing invalidates the original suspension and renders all subsequent hearings a nullity.
House Committee Suspension—Hearing Procedures not Followed
Appendix II of the Statutes (excerpt from Grand Forum, Case No. 978, 2000), items 3, 4, 5, & 6 state:
3. At the Hearing before the managing or supervisory body, the Member must be given his or her due process of law which will include but not be limited to the managing or supervising body of the Lodge strictly following the provisions of Section 16.040 if there is an intention to suspend a Member from privileges of the Club or home.
4. The managing or supervisory body would then decide whether or not suspension is appropriate. A notice of suspension in writing must be served personally or by registered first class mail to the Member.
5. The Member may Appeal the Suspension to the Lodge if done so within ten days of receipt of the Notice of Suspension by filing a Notice of Appeal either by personal service or first class mail to the Lodge Secretary.
6. If the Member Appeals a Suspension to the Lodge, the suspension is stayed until the appeal to the Lodge has been completed.
As various violations of proper procedure for suspending a Member were not followed, the suspension is rendered invalid.