RECORDER REGULATIONS AND PROCEDURES
1. GOAL.
The aim of the recorder system is to establish a method of dealing with complaints that: 1) by themselves do not warrant the filing of formal charges or 2) are very serious but there is only the implication of wrongdoing without substantial evidence necessary to bring formal charges.
2. DEFINITIONS.
Appointing body is the entity (ACBL, District or Unit) that appoints the recorder.
Assistant Recorder is a person authorized to act by or on behalf of a recorder. Unless otherwise noted every reference to a recorder applies equally to an assistant recorder.
Complaint is a written request to a proper entity to form a disciplinary committee and bring formal charges against the subject of a player memo.
File is the collection of written documents that include the player memo, any written response, all investigative notes and other documents.
Player Memo is a written document informing the Recorder about an incident.
Recorder is the person with the ultimate responsibility for carrying out the duties outlined in these guidelines.
Reporter is the person who signs and files the player memo.
Subject is the person who is the subject of the player memo.
3. APPOINTMENT.
A recorder is an official of the appointing body who may be removed from office by whatever reasonable procedures are established by the appointing body. Each appointing body is encouraged to create reasonable procedures for appointment of assistant, replacement or temporary recorders. All of these procedures should be constructed to distance the position and person of recorder from the political arena.
4. QUALIFICATIONS.
4.1 A recorder must be qualified to perform the duties outlined in these guidelines. These qualifications are not absolute. However, an ideal candidate will have the following:
4.1.1 Unimpeachable ethical integrity, honesty, and demeanor.
4.1.2 Ability to discuss all matters including the most serious ethical concerns with a subject without giving offence to an innocent individual.
4.1.3 Excellent communication skills.
4.1.4 Acknowledged bridge ability.
4.1.5 Must be able to act in a non-political manner.
4.2 Since ACBL members must have the highest confidence in the persons appointed as recorders, the system will operate successfully only if there is a general belief that a recorder will perform the duties of the office honestly and impartially.
4.3 To adequately perform the duties of the office, a recorder should have a familiarity with the Laws of Duplicate Contract Bridge and the ACBL Code of Disciplinary Regulations.
5. DUTIES AND RESPONSIBILITIES.
5.1 Receives, investigates and evaluates Player Memos.
5.2 Educates reporters and subjects about proper behavior and ethical behavior in accordance with the Laws of Duplicate Contract Bridge and the ACBL Code of Disciplinary Regulations.
5.3 Communicates, as appropriate, with those involved with a reported incident, especially the reporter and subject.
5.4 Maintains a record of all player memos including investigation and resolution.
5.5 Acts as a "stateŐs attorney" on behalf of the recorderŐs appointing body and its constituency when presenting evidence to a disciplinary committee in support of charges filed by the recorder on his or her own initiative.
5.6 When selected or appointed by an authority other than the recorderŐs appointing body may make or assist with an impartial presentation of evidence to a disciplinary committee.
6. LIMITATIONS ON AUTHORITY.
6.1 A recorder has no disciplinary authority and MUST not give any indication to the contrary.
6.2 A recorder may file a complaint with an appropriate disciplinary body against a subject as a means to resolve a player memo or memos. A recorder may choose to inform a subject that a complaint may be filed in the future should the undesirable behavior continue. In either case the recorder must ensure that the authority of the office of recorder is not abused.
7. ELIGIBILITY FOR OTHER BRIDGE OFFICE.
7.1 A recorder should not, during the tenure of office, serve on any disciplinary body created under authority of that recorder's appointing body. If already a member of such a body, a recorder may assume inactive status rather than resigning.
7.2 A recorder should not but may be a member of a disciplinary committee for another appointing body. For example, a District Recorder may serve on a Unit or Sectional tournament disciplinary committee and vice versa. However, a recorder may not participate in any case in which the facts may present a conflict of interest, and must not participate (as a member of the committee) in any case that he or she investigated as a recorder.
7.3 A recorder may be a member of any disciplinary committee after leaving office, but shall not hear any case with which he or she was involved while serving as a recorder.
7.4 A recorder may not be a member of any bridge appeals committee which create a conflict of interest or the appearance of a conflict of interest.
7.5 A recorder should consider declining to serve on a bridge appeals committee when other qualified people are available.
8. TOURNAMENT RESPONSIBILITIES.
The recorder should be available for any tournament sponsored by the appointing body. If not available, the recorder is responsible to nominate a qualified assistant to perform all recorder functions. While acting as assistant recorder the appointed person is subject to all limitations imposed on the recorder. In the event that no recorder is available for a tournament, the Director-in-Charge (not an assistant) will act as an on-site recorder.
9. GUIDELINES FOR EXECUTION OF DUTIES.
9.1 The recorder must maintain the confidentiality of the process in speaking to people about player memos and revealing information only when necessary to the investigation. This responsibility is of the highest priority and must continue even after his or her duties have ended. Violating the confidentiality of the process is a basis for removal from office.
9.2 The subject and, to a lesser extent, the reporter are entitled to privacy regarding the reported incident subject to the needs of the investigation. If the recorder files a complaint, then a qualified exception on a need-to-know basis is given to those involved in processing and hearing the complaint. This includes, but is not limited to, the disciplinary body that will hear the complaint plus any witnesses (to the extent that they will need to know when and where the hearing will take place, the name of the subject and the basic complaint).
9.3 A recorder should leave instructions with club managers, tournament chairpersons and tournament directors (as relevant) as to how to deliver player memos.
9.4 Upon receipt of a player memo, a recorder should make an initial assessment as to whether the subject matter could form the basis for a complaint even in conjunction with other reports. If not, the recorder should discuss the matter with the reporter prior to placing the memo in a closed administrative file.
9.5 Upon receipt of a player memo that could be the basis for a complaint, the recorder either investigates the matter or refers the player memo to the appropriate recorder to investigate. Matters that could involve major ethical breaches should be referred to the ACBL recorder for evaluation prior to the start of an investigation. The recorder should discuss other matters with the subject and give the subject an opportunity to reply to the report in writing. As appropriate, the recorder may investigate further by interviewing witnesses and hold additional meetings with the reporter or the subject.
9.6 After investigation, the recorder makes a preliminary evaluation; further investigation may be appropriate before making a final decision. If a recorder will not be filing a complaint, the subject and reporter should be so informed. A recorder should retain a copy of the closed file for at least five years and send a copy of the file to the ACBL Recorder care of the National Office of Recorder at ACBL Headquarters. In addition, Unit recorders should send a copy to the subject's District and Unit Recorder; District Recorders should also send a copy to the subject's District and Unit Recorder.
9.7 If a recorder chooses to file a complaint, the subject and reporter should be informed. A recorder files the complaint with the appropriate disciplinary committee. In addition, a copy of the file should be sent to the ACBL Recorder care of the National Office of Recorder at ACBL Headquarters. Further, Unit recorders should send a copy to the subject's District and Unit Recorder; District Recorders should also send a copy to the subject's District and Unit Recorder.
9.8 Nothing in this document shall supersede the provisions of the ACBL Code of Disciplinary Regulations.
10. RECORDER FILES
10.1 All files are the property of the investigating recorder's appointing body. Access to that file is by permission of the investigating recorder (if an assistant, this means his or her chief recorder).
10.2 At least twice every calendar year, a recorder should review all files in his or her possession. If the subject of a five year old file is not also the subject of a more recent player memo, the file should be discarded - except that memos which note major ethical breaches should be retained indefinitely. During each semiannual review, a recorder should note if more than one player memo involves the same subject. If so, he or she should reevaluate the memos for possible action based on a possible pattern.
10.3 In general, a recorder should communicate with the reporter regarding the status of a player memo. However, given the circumstances of any case and the need to preserve the subject's right of confidentiality, the recorder has discretion to limit the amount of information given to the reporter. This includes the discretion to tell the reporter only that (1) the player memo was received and is being investigated, (2) the player memo was received and the recorder has concluded the investigation, or (3) the player memo was received and the recorder intends to file a complaint with no further details.
10.4 To the extent possible a recorder should crossfile the memos under the complainants name.
11. NATIONAL OFFICE OF RECORDER
11.1 The National Office of Recorder handles the administrative functions for the ACBL Recorder. Daily administration is under the aegis of the Chief Tournament Director. The primary purpose of this office is to help the ACBL Recorder perform legitimate duties of the recorder.
11.2 The National Office of Recorder maintains the files forwarded to it by the ACBL Recorder, any Assistant ACBL Recorder and other recorders. The office notifies the ACBL Recorder of a player memo that might need attention.
11.3 The National Office of Recorder reviews all files at least twice annually, discarding a player memo that is five or more years old if its subject is not also the subject of a later player memo. Memos involving major ethical breaches should not be discarded.
SPECIAL ACBL RECORDER REGULATIONS AND PROCEDURES
A. ACBL RECORDER.
1. The ACBL Recorder is nominated by the ACBL President after consultation with the Chair of the Ethical Oversight Committee, Chair of the Appeals and Charges Committee, Chair of the NABC Appeals Committee and ACBL Chief Tournament Director. The ACBL Recorder appoints any assistants. No appointment (including any assistant) is effective until confirmed by a simple majority of the ACBL Board of Directors.
2. The ACBL Recorder (or any assistant) may be dismissed if good cause is shown. Dismissal proceedings are initiated either by the ACBL President or by a petition signed by at least eight members of the ACBL Board of Directors. The document must set forth the grounds for dismissal. The recorder shall be given an opportunity to respond to the charges. The matter will be set for hearing by the Appeals and Charges Committee which will determine the facts and make a recommendation to the full ACBL Board of Directors for a final decision. In addition, the ACBL Recorder (or any assistant) may be suspended, pending a hearing, by the ACBL President subject to ratification by a simple majority of the ACBL Executive Committee. The suspension will be effective with that ratification.
3. The term of the ACBL Recorder expires in December of the third year of the appointment. Assistant recorders serve at the pleasure of the ACBL Recorder.
4. If the ACBL Recorder does not complete his or her term for any reason, the ACBL President may fill the vacancy temporarily. A new ACBL Recorder must be nominated in time for consideration by the ACBL Board of Directors at the first meeting that begins at least sixty days after the vacancy is created.
5. A maximum of four Assistant ACBL Recorders may be nominated by the ACBL Recorder. Each appointment is contingent upon approval by a simple majority of the ACBL Board of Directors present and voting. The Chair of the Ethical Oversight Committee, Chair of the Appeals and Charges Committee, Chair of the NABC Appeals Committee and ACBL Chief Tournament Director will give an opinion on the qualifications of each nominee.
6. Upon approval, each Assistant ACBL Recorder will perform those functions assigned by the ACBL Recorder. The authority of an assistant recorder may never exceed the authority of the ACBL Recorder.
B. ACBL RECORDER DUTIES.
1. Advise Unit and District recorders as necessary.
2. Conduct seminars for recorders at NABCs as appropriate.
3. Advise the National Office of Recorder as necessary concerning files.