Governing Council adopted the following Delegate Standard as policy.
CPSU delegates have an obligation to conduct themselves in a way that reflects union values and ensures that at all times in their capacity as a union delegate they:
Delegate Standard Procedure
- A complaint about a breach of the Delegate Standard may be made by
any member in writing to the National Secretary, or her nominated
representative.
- National Secretary or nominated representative will determine
whether, if proven, the allegation could constitute a breach of the
Delegate Standard.
- If an alleged breach is minor in nature and the National Secretary
or nominated representative considers it appropriate, the National
Secretary or nominated representative may initially attempt to resolve the
issue informally through discussion, mediation or other processes.
- If conduct would constitute a breach, and paragraph 3 does not
apply or fails to resolve the issue, an initial investigation will be done
by the delegate of the National Secretary, ensuring procedural fairness, to
determine whether there is any substance to the complaint and whether, if proven, the complaint would constitute a breach of the Standard. An
independent investigator may be appointed where appropriate.
- If the complaint is substantiated or partially substantiated, the
investigator’s report will be provided to a subcommittee appointed by
GC/EC.
- Any decision to dismiss a complaint will be inwriting setting out
the reasons for the decision and will also be sent to the GC subcommittee.
- A vexatious, frivolous, unreasonable, or malicious complaint may be
rejected without investigation.
- If the complaint is substantiated the GC subcommittee will review
the investigation report and satisfy itself about whether the conduct
constitutes a breach of the Standard, the CPSU Rules and/or any
legislation.
- If the conduct does constitute a breach of any of the above, the
subcommittee will recommend an appropriate sanction in an initial report
provided to the National Secretary and the subject of the complaint.
Sanctions may include:
- formal warning
- deprivation of the rights attaching to membership for a specified
period up to 6 months
- removal from office
- The GC subcommittee may only recommend removal from office if the
conduct involved:
- misappropriation of the funds of the Union,
- a substantial breach of the Rules of the Union, or
- gross misbehaviour or gross neglect of duty.
- The person who is the subject of the complaint may provide a written
response within 21 days of receiving the initial report.
- After considering the response provided by the subject of the
complaint, or if no response has been provided within 21 days after the
initial report has been provided, the committee will provide a final report
and recommendation to the National Secretary.
- The National Secretary will act on the recommendation of the GC
subcommittee and give effect to the Recommendation.
- The removal of a Section Councillor or Governing Councillor can only
proceed with a majority support vote of Section Council, and then a
two-thirds majority support vote of Governing Council.
- The removal of an Executive Committee member can only proceed with a
two-thirds majority support vote of Governing Council.