Revision Dated May 3rd 2016
The following procedures will apply to all matters involving reported infringements to Membership Policy, as well as the underlying Statutes, Code of Business Conducts, and CSR guidelines of the Global Off-Grid Lighting Association (GOGLA), hereafter referred to as the “GOGLA rules”. These procedures will be applied reasonably, fairly, and objectively. They are intended to encourage disputes to be resolved firstly through dialogue and, if needed, voluntary corrective action.
- Composition of ERC:
- The BoD shall nominate one of its members to chair the ERC and report back to the BoD. Election of ERC chair shall take place in conjunction with the constituent meeting of a newly elected BoD.
- In addition, two independent experts shall be nominated by the AGM upon the proposal of the BoD for a period of two years.
- One representative of a member company may be nominated by the BoD on an ad hoc basis (non-involvement in the particular conflict brought forward is mandatory)
- The Executive Director shall have the right to observe (no right to vote)
- Conflict of Interest: Committee members have a duty to conduct themselves without conflicts of interest. No Committee member may participate in consideration of, or the decision in, any matter before the Committee which presents or may present a conflict between the member's obligations as a Committee member and the member's personal, business, or other interests. All actual and potential conflicts of interest shall be disclosed by Committee members.
- Confidentiality: To the extent necessary or required, the ERC’s meetings and deliberations shall be conducted and records shall be maintained on a confidential basis. The Committee shall consult with GOGLA Office to ensure that the appropriate procedural and other safeguards are put in place to protect confidentiality.
- Convening the ERC: Any member of GOGLA may submit a matter to the BoD. With the support of both president and vice president and/or the support of three BoD members, the ERC shall be convened. In addition, the Board of Directors may refer a matter to the Committee.
- ERC Action:
- Investigation: The ERC shall conduct an investigation of each submission to the extent necessary in order to clarify, expand, corroborate, or refute the information and/or data provided by the submitter. If necessary, the Committee can enter into a confidentiality agreement for requested information and/or data.
- Negotiated Resolution: Following the investigation by the ERC, the Committee may resolve the challenge through a negotiated resolution with the affected member(s) agreeing in writing to take and, if necessary, validate the requested corrective action(s). If the affected member(s) fails to take the agreed-upon corrective action(s), then the ERC can proceed with the hearing as set forth herein. Any negotiated resolution by the ERC shall be submitted to the Board of Directors for ratification.
- Recommendation: Upon completion of the investigation, the ERC shall make a determination as to whether the member(s) subject to the challenge has (have) failed to observe the GOGLA rules. If the committee finds that a violation has not occurred, such finding is final with no review by the Board. The challenge will be dismissed with notice to the member(s) subject to the challenge and the person or persons submitting the challenge. A report of such finding shall be made to the Board. If, however, the Committee finds that the member(s) subject to the challenge has (have) failed to observe the GOGLA rules, the Committee shall recommend an appropriate sanction to the Board. Depending upon the nature and extent of the non-observance, such sanctions may include:
- Voluntary corrective action of accused within certain time frame
- Suspension of membership (including its membership rights)
- Termination of membership
The ERC’s recommendation will also advice if the decision and sanction should be made public on GOGLA’s website.
- BoD Action: The Board shall review any finding of "non-observance," or failure to observe the GOGLA rules, and shall (1) affirm or reverse such finding, and (2) approve or lessen the recommended sanctions. The Board shall give deference to the Committee's findings of fact and may not substitute its judgment for that of the Committee. Only if the Board determines that the Committee's conclusions were clearly in error, it may (1) reverse the finding or (2) lessen the sanctions. The Board may not impose any sanction more severe than the sanction recommended by the Committee. The decision of the Board shall be by a majority vote of all Board members. In performing its review, the Board shall have access to the entire record of the Committee's investigations, including the record of any adjudicatory hearing, a written transcript of all testimony, and the exhibits.