“No family member, romantic interest or spouse of a member of the Board of Directors may engage in an employment relationship with DUIDLA. No family member, romantic interest or spouse of a Board Member may be appointed to a Committee Chair position without first disclosing said relationship to the Executive Committee and obtaining 2/3 consent.”
The DUIDLA Listserv Committee Statementof Purpose, Policies, and Procedures
The DUIDLA was founded on principles of transparency, freedom of speech, synergy and democracy. It is these founding principles that guide all of the Board of Director’s work and all authorized sub-°©‐committee work. The listserv is a vital and essential avenue to advance synergy. It is the real-°©‐time substantive transfer of knowledge and thought that advances the core principles of DUIDLA. Censorship does not. It is the stated policy of DUIDLA to insure that all decisions are democratic, the result of due process based upon known and published principles and procedures. Censorship without due cause will not be tolerated by DUIDLA or the DUIDLA Listserv Committee. Suspension of real time posting to the listserv shall be an exceedingly rare matter and only as a result of due process and in the most extreme of circumstances. To that end, this duly formed committee sets forward these written policies and procedures.
Policies and Procedures:
1.1. The DUIDLA Listserv Committee shall be made up of 5 members.
1.2. Any member in good standing of DUIDLA shall be eligible to serve on this committee.
1.3. All members are appointed and serve at the pleasure of the President of DUIDLA.
2. Powers of the DUIDLA Listserv Committee
2.1. The members of the DUIDLA Listserv Committee shall be empowered to monitor and enforce the duly published rules of the listserv.
2.2. Each member of the DUIDLA Listserv Committee shall have administrator rights to the listserv.
2.3. Emergency Suspension: Each member shall have the power to immediately suspend any participant of the listserv as an emergency action. Provided the following happens:
2.3.1. The member of the DUIDLA Listserv Committee invoking the emergency shall immediately notify the other 4 members and call for a vote.
2.3.2. The member who is placed on emergency suspension shall be notified by email immediately of the suspension and the reason for it. In this communication to the affected party there shall be an invitation for the affected party to respond or explain or make a statement of acceptance of responsibility or make a statement of mitigation.
2.3.3. The notice of emergency suspension shall be made privately and not through the listserv unless the person on emergency suspension shall publicly release the fact that he or she is on emergency suspension in which case the Committee by majority vote shall have the right off air reply in the same public manner to justify or explain the actions taken
2.4. Temporary Suspension:
2.4.1. Immediately by email, the DUIDLA Listserv Committee shall vote by simple majority on whether or not by clear and convincing evidence that there was a violation of the cited listserv rule.
2.4.2. If and only if the majority of the DUIDLA Listserv Committee finds by clear and convincing evidence that there was a violation, then the issue of length of suspension shall be deliberated upon and settled by a majority vote of the DUIDLA Listserv Committee. Upon the vote, the affected person shall be notified of the duration of the suspension. The affected person shall also be advised of the right to appeal as outlined in section 2.5 below.
2.4.3. The actions under subsection 2.4 shall be handled privately and not through the listserv unless the person subject to these provisions shall publicly release the fact that he or she is on suspension or the course of events that occurred in which case the Committee by majority vote shall have the right of fair reply in the same public manner to justify or explain the actions taken.
2.5. Right to Appeal to the DUIDLA Board of Directors:
2.5.1. Only after the method of due process outlined in section 2.4 has run its course will the affected person be able to appeal to the Board of Directors of DUIDLA for relief. Under no circumstance shall the Board of Directors be able to act on the Committee actions and replace its judgment for that of the Committee unless the procedures as outlined in section 2.4 above are completed.
2.5.2. When appealed, the affected person will be given an invitation to respond or explain or make a statement of acceptance of responsibility or a statement of mitigation prior to any vote.
2.5.3. The Board of Directors shall consider the vote of the DUIDLA Listserv Committee and its actions, but will exercise its own individual judgment.
2.5.4. The Board of Directors shall determine if there is a violation of the listserv rules by clear and convincing evidence. This shall be determined by a majority vote of the Committee in the affirmative finding of a violation. A failure to timely cast a vote will count as a negative vote not supporting a finding of a violation. If and only if a violation is found, the Board will separately determine the length of suspension.
2.5.5. The affected person shall be notified of the outcome of the Board’s process.
2.5.6. The decision of the Board of Directors shall be the final review on the matter and not subject to any other manner of review.
2.5.7. The actions under subsection 2.5 shall be handled privately and not through the listserv, unless the person subject to these provisions shall publicly release the fact that he or she is on suspension or the course of events that occurred in which case the Board by majority vote shall have the right of fair reply in the same public manner to justify the actions taken.
3. Rules of the Listserv
3.1. Liability. To participate on the listserv all participants shall be required to sign a statement that they will abide by the bylaws of the Board of Directors, which includes by reference and adoption these guidelines. The DUIDLA does not warrant any questions or responses in terms of their veracity and accepts no responsibility that comes as a result of the use or participation or access to this forum. In exchange for being allowed to have access to the listserv, all participants agree to hold harmless and indemnify DUIDLA, its officers, its Board of Directors in the case of a lawsuit.
3.2. Signal to Noise Ratio: The goal of any listserv should be efficiency and synergy. Therefore, it is essential that there is absolutely no non-°©‐substantive banter. Simple messages such as “me too,” “thank you” or the like are examples of non-°©‐substantive banter.
3.3. Appropriate Topics: It is not the intent of DUIDLA to ever censor speech, but instead to make sure posts are efficient and topical to the core of what we all joined DUIDLA for which is the legitimate and ethical defense of the citizen accused of DUI and DUI-°©‐related issues. To that end, sports conversations, non-°©‐DUI news discussions, religious discussions, sexual content, and political discussion that have nothing or little to do with DUI or DUI-°©‐related offenses are expressly discouraged and prohibited. Members are encouraged to ask questions and make statements that concern DUIDLA or DUIDLAJF actions or inactions, but all communication must be civil.
3.4. Responses: All participants are reminded that their colleagues depend on the veracity of the posts on the listserv. Participants of the listserv are reminded that they must do their own research to verify the veracity of the opinions or information discussed on the listserv.
3.5. Announcement of Seminars and Other Meetings: The DUIDLA is a volunteer international bar association founded on the principles of education and synergy. To that end seminars and meetings will be allowed to post two announcements of the offering and that is all. This announcement shall be only 90 days in advance of the seminar and again 30 days in advance of the seminar. If not announced with 5 days of the 30-°©‐day or 90-°©‐day mark, the opportunity to announce is forfeited. Repeated veiled banter about a seminar to overcome this rule will not be tolerated.
3.6. Experts. Experts cannot directly solicit, on the listserv, their availability to consult in a case. They are encouraged to answer questions about situations presented and members are encouraged to then consider using their services.
3.7. Privacy. All DUIDLA listserv emails are private and confidential and shall not be disseminated outside of the listserv for any reason. Violation of this rule even if accidental or unintentional could result in a permanent termination of listserv participation and/or receiving listserv emails.
3.8. Decorum. Personal attacks, profane language, threats, and bigotry will not be tolerated. All participants are expected to act professionally. Sexual references, pictures and the like are expressly prohibited.
3.9. Call for cloture. From time to time there will be discord. Civil and appropriate discussion on matters is encouraged. However, at some point the discussion will cease to be productive and provide no new insights on the topic of disagreement. If in the opinion of the DUIDLA Listserv Committee that this point has been reached, a member of the DUIDLA Listserv Committee shall make a public motion for cloture announced on the listserv. If and only if there is a unanimous public affirmative vote announced on the listserv by all 5 members of the DUIDLA Listserv Committee for cloture will there be a suspension of discussion on the topic. This motion of cloture can be overcome by a majority vote of the full DUIDLA Board of Directors.
Adopted by the DUIDLA Listserv Committee: 7/22/2014
Adopted by the DUIDLA Board of Directors: 7/22/2014