IREM® Ethics Administration
The Boards
There are three boards that independently perform specific duties in the administration of IREM’s ethics program, assuring “due process” from beginning to end:
1. Ethics Inquiry Board
The Inquiry Board performs initial review of all allegations of possible unethical or improper conduct that come to the attention of the Institute (in the form of a complaint), determines whether there is reasonable cause to believe such conduct may have occurred, and prepares and forwards complaints to hearing as may be appropriate. The composition of the Inquiry Board includes a chair, vice chair, and seven to nine members, including at least one ARM® and one Executive CPM® of an AMO® Firm. In addition, the IREM® ethics administrator and legal counsel are present for all meetings of the Board.
2. Ethics Hearing and Discipline Board
The Hearing Board sets and holds hearings on matters forwarded by the Ethics Inquiry Board. In the event of a finding that a violation of the IREM® and/or AMO® Code has occurred, the Board determines the appropriate action to be taken and summarizes and publishes its decisions as it deems appropriate. The composition of the Hearing Board includes a chair, vice chair, and nine to 15 members, including at least one ARM® and one Executive CPM® of an AMO® firm. In addition, the IREM® ethics administrator and legal counsel are present for all meetings of the Board.
3. Ethics Appeal Board
The Appeal Board hears appeals to a decision by the Ethics Hearing and Discipline Board requested by a Respondent when the decision is adverse to that Respondent, or by a Complainant when the decision is adverse to that Complainant. The Appeal Board summarizes and publishes its decisions as it deems appropriate. The composition of the Appeal Board includes a chair, vice chair, and seven to nine members, including at least one ARM® and one Executive CPM® of an AMO® firm. In addition, the IREM® ethics administrator and legal counsel are present for all meetings of the Board.
Processing Complaints
Complaints can be brought by members or outside parties and are processed as follows:
Upon receipt of an outside-party complaint or other allegations, the chair of the ethics inquiry
board, together with legal counsel, may, as a preliminary measure, review the complaint or
allegations and determine if additional information is needed to expedite the work of the board.
All complaints will be forwarded to the Ethics Inquiry Board, to ascertain:
- The complaint contains insufficient information on which to base a determination, and what additional information, if any, should be requested of the Complainant prior to review by the Inquiry Board. The Complainant is given 30 days in which to respond.
- The complaint does not constitute an issue involving unethical or improper conduct or is otherwise outside the jurisdiction or authority of the Inquiry Board. The case may be dismissed after obtaining the concurrence of the Inquiry Board at its next scheduled meeting.
- The complaint is unworthy of further consideration. The case may be dismissed after obtaining concurrence of the Inquiry Board at its next scheduled meeting.
- The complaint is valid and contains sufficient information on which to conduct further investigation – the complaint is forwarded to the Inquiry Board for review at its next scheduled meeting.
- The complaint is valid and contains sufficient information and evidence to believe that an ethics violation or improper conduct may have occurred – the complaint is forwarded to the Inquiry Board for review at its next scheduled meeting.
Decisions of the Inquiry Board
The Inquiry Board meets to discuss all complaints and determines action. The Board reaches one of the following decisions on each complaint:
- Reasonable cause is found that unethical or improper conduct may have occurred and the case should be forwarded to the Hearing Board for a hearing.
- Reasonable cause is not found in violation of the Code(s) and the case should be dismissed.
- The complaint is valid and contains sufficient information on which to conduct further investigation and should be investigated by the Board.
Hearings
· The Hearing Board sets and holds hearings on matters forwarded by the Inquiry Board. Hearings are closed meetings, and can be attended only by:
o Members of the Hearing Board
o Respondent and his/her witnesses and counsel
o Outside party Complainant and his/her witnesses and counsel, or
o Chair of Ethics Inquiry Board acting as Complainant
o IREM® ethics administrator (also known as the administrative secretary)
o IREM® staff vice president
o IREM® legal counsel
o Court reporter, if needed
· Witnesses are present only when testifying and are questioned and cross-examined.
· Hearings follow an order of business in which the Respondent and the Complainant give statements, are questioned by the members of the Board and IREM® legal counsel, and have the opportunity for cross-examination.
· After final statements, the hearing is adjourned, the parties are dismissed, and the Hearing Board reconvenes in executive session to render a decision on the case.
Decisions and Discipline of the Hearing Board
A member found in violation of the IREM® and/or AMO® Code may receive one of the following disciplines imposed by the Hearing Board:
- A letter of censure – which can either be published or unpublished. A letter of censure does not affect the member's membership status.
- Suspension of membership for a period of three months to three years – which is always published. The member loses all benefits of membership during the suspension period but must stay current with dues and fees. The member's status is automatically reactivated at the end of the suspension period provided all conditions are met.
- Termination of membership status – which is always published. The member may reapply for membership after five years. The reapplication will be considered on its merits and under such policies as may then be in effect.
Appeals
· The Appeal Board hears appeals to a decision by the Hearing Board requested by a Respondent when the decision is adverse to that Respondent, or by a Complainant when the decision is adverse to that Complainant.
· Appeal hearings are closed meetings and can be attended only by:
o Members of the Appeal Board
o Chair of the Ethics Hearing and Discipline Board
o Appellant and counsel
o Appellee, or Chair of the Ethics Inquiry Board when acting as Complainant or designee of the Appellee on behalf of the Ethics Inquiry Board
o Appellee’s counsel
o IREM® ethics administrator (also known as the administrative secretary)
o IREM® staff vice president
o IREM® legal counsel
· An appeal is not a rehearing of the complaint. Only those arguments advanced in the written response to the appeal notice are permitted to be presented except for good cause shown as to why the Board should allow additional oral argument. Documentation not included in the written response may not be presented unless it can be demonstrated that the information was discovered or became available after the initial filing. No written evidential material or oral argument may be presented to the Board unless such evidence was presented in the written response to the Hearing Board or during testimony at the hearing.
· The Appellant/Complainant presents his or her case to the Board, stating specifically why the decision should be reversed, remanded or modified and are then questioned by the members of the Board and IREM® legal counsel.
· The Appellee/Respondent presents his or her case to the Board, stating specifically why the decision should not be reversed or modified.
· After final statements, the appeal hearing is adjourned, the parties are dismissed, and the Board reconvenes in executive session to render a decision on the case.
Decisions of the Appeal Board
The Appeal Board may:
1. Adopt the decision of the Hearing Board.
2. Modify the decision of the Hearing Board.
3. Reject the decision of the Hearing Board.
4. Refer the case back to the Hearing Board for a rehearing.