CON:Discipline Of All Officers (Rewrite): Difference between revisions

# There shall only be one appeal by any individual of any rank to one body. The appeal decision of the reviewing body shall be final and shall finally dispose of the matter without recourse to further appeals.

# In the event of an appeal request either received by the disciplining authority and forwarded to the appeal authority or received directly by the appeal authority, the authority shall convene, discuss and resolve the matter in accord with the voting provisions set forth in earlier Articles.

# Provisions concerning the discipline of flag officers: It is anticipated that the discipline of a flag officer shall be regarded as a significant event and any conduct which may occasion such disciplinary processes correspondingly dire. Any captain or lower rank may report conduct unbecoming a flag officer to the EC, which shall immediately convene and informal inquiry to determine the sufficiency of the allegation, formal vote sufficing if informal discussion cannot resolve the question. If the allegation shall be deemed Meritorious, i.e., there is no more than a scintilla of evidence to suggest the charge be true, then the EC shall have the option of voting to dismiss the charge and to ignore all further charges based upon the same operative facts. If the EC deems the charge to be clearly without merit and motivated either by carelessness as to that lack of merit or intentional conduct, the complainant may himself be disciplined in accordance with this article.

# If, however, upon informal inquiry the EC shall decide the matter to have sufficient probable cause that it might be true, the EC shall convene to debate the matter and make inquiry of the charged party, the complaining party and all witnesses before privately retiring to deliberate and render a decision. The magistrate for the EC shall advise the charged party whether and if a decision is made. If the charged party is a member of the EC, the captain at large shall be vested with full voting powers concerning the charged EC member.

# In no event shall any act or omission be the grounds of a discipline which discipline is not commenced within thirty days from the date of discovery by any authority empowered to discipline.

# In administering any discipline or in deciding any appeal or petition for reconsideration, the reviewing authority shall not only consider the record of the discipline and any discussion or findings relevant thereto, but also the past service record and past discipline record of the subject officer.

[[Category:Constitution Rewrite]]