This proposed by-law amendment would help facilitate the appointment of properly constituted panels for Discipline hearings.
Under the current College by-laws, all members of Council are appointed to the Discipline Committee, except for those who have been appointed to Inquiries, Complaints and Reports Committee (ICRC). This is done to reassure both the public and disciplined members that anyone who sits on a Discipline panel has not previously dealt with the member at the ICRC level. This worked well at a time when the Discipline Committee was relatively inactive.
The College currently has six active public members, four of whom are appointed to ICRC, leaving two public members for appointment to the Discipline Committee. This places an undue burden on these two public appointees. In 2016 and 2017, the Discipline Committee saw increased activity in the form of longer and more frequent hearings. This has made it harder for the Chair of the Discipline Committee to assemble the quorum needed for the panels.
14.05 Discipline Committee
(1) The Discipline Committee shall be composed of:
(a) all elected Council Members who are not members of the ICRC;
(a)(b) all appointed Council members; and
(b)(c) at least five Members who are not Council Members.
(2) A panel of the Discipline Committee shall be composed of at least three and no more than five Committee Members, at least two of whom are Appointed Council Members. The Committee chair will select the panels and appoint the chair for each panel.
The complete version of the College by-laws can be found here (PDF).
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College of Optometrists of Ontario
Consultation Feedback: Proposal to Appoint All Public Members to the Discipline Committee
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