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</o:shapelayout></xml><![endif]--></head><body lang=EN-US link="#0563C1" vlink="#954F72"><div class=WordSection1><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Hi Everyone,</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>I am sharing with you a proposed amendment to the constitution of the National Federation of the Blind, which the NFB Board of Directors approved to come before the convention this July for the membership to consider. President Riccobono, in his June Presidential Release, encouraged chapters and members to discuss this proposed amendment in the time leading up to the Convention. I whole-heartedly and enthusiastically support this amendment and urge each of you to read it and share your thoughts with me about it. The convention is the supreme authority in the Federation, and setting both our policies and our governance is not only our right, but it is our duty. </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>I want to share with you all why I without reservation support this amendment. While I believe that the Convention previously adopted the policies in the Code of Conduct which delegated responsibility for implementing, updating, and enforcing the Code including issuing discipline to the Board and President, and thus the provisions in it are all constitutional, there have been critics who have said that discipline lies with the full Board and the Convention alone. In reality, the Board of Directors is charged with setting policies and procedures for the NFB in between conventions, and when we delegated the Code implementation to the Board, we agreed the Board would be responsible for effectuating the discipline and misconduct process for us. It was well within the Board’s authority to delegate decision-making on misconduct to the President, or if the President is conflicted out, to a different officer. It is also well within the Board’s authority to delegate hearing and deciding appeals to a subcommittee of the Board.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Nonetheless, you may recall that the Special Committee, of which I was a member, recommended to the NFB Board of Directors that the organization consider amending the constitution to make it 100% clear that discipline and consequences should and would be effectuated through the procedures in the Code, meaning by the Office of the President (and if the President is conflicted out. Then by a different officer), and appeals to be heard and decided by a subset of the Board. . Our concern was that people would try to bring sensitive matters to the entire Convention when dissatisfied with an outcome, and that permitting this would do tremendous harm to survivors and respondents. We felt the Code was trauma informed and the organization’s intent was to be trauma informed, but we feared some may try to find a loophole that would be the opposite of trauma informed. We also wanted to ensure consistency in decisions and that those making decisions were trained on appropriate handling of such matters. And thus, we recommended the NFB shore up the process via a constitutional amendment.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>What this amendment does is pretty straight forward. It keeps discipline, suspension, and expulsion for local chapters, divisions, and affiliates exactly the way it was before – meaning two-thirds of the Board of Directors or a majority of the states at the convention make the decision. What the amendment does for individuals is clarify that there is a process for handling discipline and misconduct that the Board establishes and oversees; this process is transparent and informed by feedback from the membership. The amendment is trauma informed in that it establishes a minimum number of delegates who have to agree to bring the matter to the convention – similar to resolutions if the committee votes them down or if the proponent misses the filing deadline. Then, the rest, the hearing of the appeal, is the same as it was before the amendment – in that states, through their delegates, decide the matter. Essentially, when we adopted the Code of Conduct as an organization, we established procedures for assessing misconduct and issuing discipline that was transparent, trauma informed, and consistent with our guiding principles but just codified. We sought to streamline how matters are reviewed and decided, and we modernized our efforts to be consistent with societal advances in this area. We took no one’s rights away – in fact we augmented them because now there are several additional levels of review.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>In Maryland, we amended our affiliate constitution in November 2019 to incorporate the Code of Conduct and its disciplinary procedures. Essentially, as a state, the amendment changes nothing for us operationally or philosophically. </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>For all of those reasons, I support the adoption of the proposed constitutional amendment. I urge you to read the proposed amendment, think about it, talk about it in your chapters and divisions, talk with the affiliate Board and me about it, talk to your friends in other affiliates, talk to the President and Board of Directors, and come to an informed, thoughtful decision about how you feel and what you think about the amendment. This is our time to educate one another – and I look forward to learning from you. We will discuss the proposed amendment in our caucus in New Orleans, but I’m hoping the conversation will start now. This is important work, and we need to get it right.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Below is the proposed constitutional amendment:</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'> </span><o:p></o:p></p><h4><span style='font-family:"Georgia",serif;color:#1A1A1A'>Under Article III: Membership, the Current Constitution (as Amended 2014) Reads:</span><o:p></o:p></h4><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Section E. Any member, local chapter, state affiliate, or division of this organization may be suspended, expelled, or otherwise disciplined for misconduct or for activity unbecoming to a member or affiliate of this organization by a two-thirds vote of the board of directors or by a simple majority of states present and voting at a National Convention. If the action is to be taken by the board, there must be good cause, and a good faith effort must have been made to try to resolve the problem by discussion and negotiation. If the action is to be taken by the Convention, notice must be given on the preceding day at an open board meeting or a session of the Convention. If a dispute arises as to whether there was "good cause," or whether the board made a "good faith effort," the National Convention (acting in its capacity as the supreme authority of the Federation) shall have the power to make final disposition of the matter; but until or unless the board's action is reversed by the National Convention, the ruling of the board shall continue in effect.</span><o:p></o:p></p><h4><span style='font-family:"Georgia",serif;color:#1A1A1A'>Proposed Amendments to Article III: Membership, Section E:</span><o:p></o:p></h4><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Remove the word “member”; this section will now pertain to local chapters, state affiliates, and divisions.</span><o:p></o:p></p><h4><span style='font-family:"Georgia",serif;color:#1A1A1A'>Section E Would Then Read as Follows:</span><o:p></o:p></h4><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Section E. Any local chapter, state affiliate, or division of this organization may be suspended, expelled, or otherwise disciplined for misconduct or for activity unbecoming to a local chapter, state affiliate, or division of this organization by a two-thirds vote of the board of directors or by a simple majority of the states present and voting at a National Convention. If the action is to be taken by the board, there must be good cause, and a good faith effort must have been made to try to resolve the problem by discussion and negotiation. If the action is to be taken by the Convention, notice must be given on the preceding day at an open board meeting or a session of the Convention. If a dispute arises as to whether there was "good cause," or whether the board made a "good faith effort," the National Convention (acting in its capacity as the supreme authority of the Federation) shall have the power to make final disposition of the matter; but until or unless the board's action is reversed by the National Convention, the ruling of the board shall continue in effect.</span><o:p></o:p></p><h4><span style='font-family:"Georgia",serif;color:#1A1A1A'>Proposed Addition of New Section F to Article III: Membership:</span><o:p></o:p></h4><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Section F. Any member of this organization may be suspended, expelled, or otherwise disciplined for misconduct or for activity unbecoming to a member of this organization, and any non-member may have their engagement in the organization restricted, through standards and procedures established, maintained, and regularly reviewed by the board of directors. These standards will be publicly available as a Code of Conduct for the organization and members will be provided with opportunities to give feedback on the Code on a periodic basis set by the board.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>While considering disciplinary actions taken by the board either directly or through the procedures it establishes, there must be good cause, and a good faith effort must have been made to hear the concerns of all parties involved. With regard to handling reports of violations of the code, the board will establish policies and procedures on how such reports will be investigated and then resolved. Any person subject to a ruling under these policies and procedures may appeal that ruling to the board, which may elect to have a subcommittee of the board handle the appeal. However, any three members of the board may, through written request, initiate a full board review of any disciplinary decision issued under the Code of Conduct. The procedures maintained by the board must provide individuals with clear guidance regarding their right to an appeal, the process for requesting an appeal, and the standards used in the board’s review of the appeal.</span><o:p></o:p></p><p><span style='font-size:15.0pt;font-family:"Georgia",serif;color:#1A1A1A'>Any person subject to disciplinary action by the board issued through the procedures and policies authorized by this section may appeal the board’s final decision to the National Convention. Such an appeal must be filed in writing and within thirty days of the board’s decision. The written request shall be submitted to the President and must be signed by five delegates to the next Convention who support hearing the appeal. Notice of the appeal hearing must be given on the preceding day at an open board meeting or a session of the Convention. Due to the sensitive nature of certain matters, any disciplinary action to be considered by the Convention will only be considered in a closed committee meeting consisting of the delegates present and voting and the Federation’s President. The committee shall be chaired by the President unless a conflict of interest prevents the President from chairing the committee, in which case the delegates shall elect one of the other delegates present who does not have a conflict to preside over the meeting. All efforts will be made in any disciplinary meeting to protect the identity of individuals who were harmed. A matter that has not been fully investigated shall never be considered by the Convention. If a dispute arises as to whether there was "good cause," or whether the board made a "good faith effort," the National Convention (acting in its capacity as the supreme authority of the Federation) shall have the power to make final disposition of the matter; but until or unless the board's action is reversed by the National Convention, the ruling of the board shall continue in effect.</span><o:p></o:p></p><p class=MsoNormal style='margin-bottom:.2in;background:white'><span style='color:black'> </span><o:p></o:p></p><p class=MsoNormal style='margin-bottom:.2in;background:white'><span style='color:black'> </span><o:p></o:p></p><p class=MsoNormal style='margin-bottom:.2in;background:white'><span style='color:black'>Yours,</span><o:p></o:p></p><p class=MsoNormal style='margin-bottom:.2in;background:white'><span style='color:black'>Ronza</span><o:p></o:p></p><p class=MsoNormal style='margin-bottom:.2in;background:white'><span style='color:black'> </span><o:p></o:p></p><p class=MsoNormal><span style='color:#1F497D'> </span><o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal><b><span style='font-size:12.0pt'>Ronza Othman, </span></b><span style='font-size:12.0pt'>President</span><o:p></o:p></p><p class=MsoNormal>National Federation of the Blind of Maryland<o:p></o:p></p><p class=MsoNormal>443-426-4110<o:p></o:p></p><p class=MsoNormal>Pronouns: she, her, hers<o:p></o:p></p><p class=MsoNormal> <o:p></o:p></p><p class=MsoNormal>The National Federation of the Blind of Maryland knows that blindness is not the characteristic that defines you or your future. Every day we raise the expectations of blind people, because low expectations create obstacles between blind people and our dreams. You can live the life you want; blindness is not what holds you back<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p></div></body></html>