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Grievance Committee

Mission

To conduct preliminary investigations and evaluations of complaints forwarded to the Committee from individual members, the public, and other committees or upon the committee’s own motions. Determine whether an ethics hearing or an arbitration hearing should be held or conversely, whether it should be dismissed as insufficient on it face. The Grievance Committee DOES NOT conduct hearings and DOES NOT determine if a violation of the Code of Ethics has occurred.

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Grievance Committee Education & Events

• Code Of Ethics - Administering the Articles and standards of practice of the National Association of REALTORS® Code of Ethics complaint process is not a job to be taken lightly. Extensive knowledge of the code is critical for the proper review of ethics and arbitration complaints.

• Dispute Resolution System - Adopted by the Berkshire County Board of REALTORS, the Dispute Resolution System (DRS) is administered by an impartial entity, the Berkshire Housing Authority in Pittsfield. This process provides for the settlement of financial disputes involving buyers, sellers, REALTORS or any party to a Purchase and Sale Agreement.

• Fair Housing Pledge - Fair Housing is a critical part of the Code of Ethics and the Grievance Committee administers the process of promoting fair housing compliance.

• Licensing Complaints - When a breach of public trust is involved in a transaction, the Grievance Committee holds Ethics allegations in abeyance while the licensing authority processes license law complaints. If the Professional Standards hearing panel finds a REALTOR® in violation of the Code of ethics and finds further a breach of public trust, the Board forwards that decision to the licensing authority independently of the complainant.

• REALTOR® Arbitration - The process of determining procuring cause can only be applied in limited circumstances when a commission dispute arises from a real estate closing. The Grievance Committee ensures that the circumstances provide for the resolution in an arbitration hearing of the Professional Standards Committee.

• REALTOR® Mediation - This mediation process is made available when a complaint has been filed and has not yet been seen by the Grievance Committee. Once the Grievance Committee reviews a complaint (or request for Arbitration) Mediation is again offered as an alternate form of resolution.

• The REALTOR® Promise - The REALTOR Promise is oath pledged when joining the REALTOR® association and is founded in the principals of the Code of Ethics

• Professional Standards Quadrennial On-Line Training - An option for those REALTORS® seeking to satisfy their membership requirements every four years.

Committee Member Responsibilities:
(note: Committee Members are Presidential Appointments for 3 years terms).

• To investigate all requests for Ethics and Arbitration Hearings.

• Seek clarification from the complainant, if there is uncertainty whether the complaint is an ethics complaint or an arbitration complaint.

• If necessary, to help the complainant draft the complaint in proper form.

• Upon its own motion or upon instruction of the Directors, investigate the actions of a member when there is reason to believe the members conduct may be subject to disciplinary action.

• Forward appropriate complaints to the Professional Standards Committee.

• Attend an annual Professional Standards Training Program.

Committee Composition:

Five members appointed by the President, for staggered three-year terms. The President shall annually designate the Chairperson and Vice Chairperson of the Committee.

Chairperson's Responsibilities:

1. Assign a member of the Committee to investigate specific complaints as they arise.

2. Assign a member of the Committee to act as Complainant (representing the Grievance Committee) at hearings when necessary.

3. Schedule appropriate Grievance Hearings no later than 20 days from receipt of complaint.