Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 6.00 - Occupancy Standards and Tenant Participation for State-Aided Housing › Appendix A

Current through Register 1525, July 5, 2024
Grievance Procedure Provisions for a Three Member Hearing
				Panel.
(1) Choice of a Panel and
			 Jurisdiction. This grievance procedure adopted by _________________Housing Authority
			 (LHA) requires a hearing and determination of a matter subject to the procedure by a
			 three member hearing panel. Under this procedure one member (and an alternate member
			 to serve in the event of the member's unavailability for a hearing) shall be chosen
			 by the LHA and one member (and such an alternate member) shall be chosen by the
			 affected local tenant organization(s) (LTO(s)). The third member (and such an
			 alternate member) shall be chosen by agreement of the other two members. Whenever a
			 member (including an alternate member) is chosen, notice of the choice shall be
			 given to the member and shall specify the term, not to exceed seven years, for which
			 the member so chosen shall serve. A copy of the notice shall be given to the LHA (if
			 the LTO made the choice) or to the LTO(s) (if the LHA made the choice). Each member
			 so chosen shall mail or deliver his or her written acceptance to the LHA promptly
			 after being chosen.
A hearing panel so chosen shall serve all residents of state-aided
				public housing represented by the LTO(s) in the city or town and all participants in
				the Massachusetts Rental Voucher Program (MRVP) and the Alternative Housing Voucher
				Program (AHVP) who hold vouchers administered by the LHA, except for residents or
				participants who are subject to a different procedure.
Each member (including each alternate member) shall annually certify
				to the LHA that he or she is ready, willing and able to serve; failure so to certify
				within 10 days of receipt of a written request by the LHA shall render the member's
				position vacant. Upon a vacancy, however created, a new member shall be appointed in
				the same manner as the member, who created the vacancy, was
				appointed.
(2) Impartiality of
			 Members. No member of a hearing panel to determine a particular matter shall have or
			 shall appear to have any direct personal or financial interest in the outcome. No
			 member of a hearing panel to determine a particular matter shall be related by blood
			 or marriage to any party or to any person who is the source of evidence as to facts
			 which are disputed by the parties. The member (including the alternate member) who
			 is appointed by agreement of the other two members shall not be a board member of
			 the LHA or an officer of an LTO. No member may determine matters which directly
			 concern his or her own housing or the housing of a family member or his or her own
			 status or the status of a family member in that housing.
Each member of the hearing panel shall determine any matter at issue
				impartially and objectively. Any panel member, who shall be or shall appear to be
				unable to determine any particular matter impartially or objectively on the basis of
				the evidence and applicable law, shall remove himself or herself as a member of the
				panel hearing the particular matter, or, if he or she fails to do so, shall be
				removed from the panel by the Presiding Member upon written objection by the LHA,
				any affected LTO, or the person who requested the hearing. Any member of a hearing
				panel who shall willfully obstruct prompt and reliable determination of any matter
				before the panel shall be removed from the panel for that hearing by the Presiding
				Member upon such an objection.
(3) Removal
			 of a Member. A member (including an alternate member) may be permanently removed as
			 a member at any time for inefficiency, neglect of duty, willful and material delay
			 of proceedings, bias, or partiality. The LHA may remove the member which the LHA
			 appointed and the LTO(s) may remove the member which the LTO(s) appointed, after
			 notice to the member and the opportunity for him or her to be heard. The LHA and the
			 LTO(s) may jointly remove the member (or alternate) appointed by agreement of their
			 appointees, after such notice and opportunity to be heard. If the LHA and LTO(s)
			 fail to agree on removal of a member chosen by agreement of their appointees, the
			 Department may remove that member for cause upon written request by either the LHA
			 or an LTO. The written request shall contain a detailed specification of charges.
			 The Department's decision whether to remove a member shall be in writing mailed to
			 the member, the LHA and the affected LTO(s). Prior to removing a member for cause,
			 the Department shall give the member, the LHA and all affected LTO(s) the
			 opportunity to be heard.
(4) Designation
			 of a Presiding Member. Following their appointment a majority of the members
			 (including alternate members) shall designate in writing one member to be the
			 Presiding Member, who shall preside at grievance hearings or shall designate some
			 other member to do so if he or she shall be absent. A majority of the members may
			 designate in writing a different Presiding Member at any time. Notice of the
			 designation of a Presiding Member shall be given to the LHA and the
			 LTO(s).
(5) Scheduling. The LHA shall be
			 responsible for scheduling and other administrative matters, including all necessary
			 notices. The LHA shall consult each panel member and insofar as reasonably possible
			 shall schedule hearings at times convenient for him or her or for his or her
			 alternate.
(6) Quorum. Reasonable
			 efforts shall be made to have a three member panel hear and decide each grievance.
			 If a panel member without adequate notice to the LHA fails to appear on a scheduled
			 hearing date, or, if a panel member and his or her alternate are both not available
			 at any time reasonably convenient for the other panel members, two members shall
			 constitute a quorum and may render a decision. If a panel member removes himself or
			 herself or is removed after a grievance hearing has been held on a grievance, the
			 remaining two members may render a decision on the grievance.
(7) Procedural Provisions. The provisions of
			 760 CMR 6.08(4)
			  are incorporated by reference into this grievance
			 procedure. These provisions include:
(a) the
			 provisions regarding the time and method for initiating a grievance;
(b) the provision for a pre-hearing informal
			 settlement conference between grievant and the LHA about a grievance;
(c) the provisions regarding the LHA's setting a
			 hearing date and giving notice to grievant;
(d) the grievant's right to inspect relevant
			 documents and to secure copies before the grievance hearing;
(e) the provisions regarding who may be present at
			 the grievance hearing;
(f) the
			 procedural requirements for the conduct of grievance hearings; and
(g) the requirements regarding a written decision
			 following the grievance hearing.