Adopted by OBA Board
of Governors July 14, 2005
1. Statement
of Policy. The purpose
of the Oklahoma Bar Association ("OBA") is to engage in those activities enumerated in
the Rules Creating and Controlling the Oklahoma Bar Association (the “Rules”)
and the OBA Bylaws (“the Bylaws”). The expenditure of
funds by the OBA is limited both as set forth in the Rules, Bylaws
and in Keller v. State Bar of California, 496 U.S. 1 (1990). If any
member has a reasonable belief that any actual or proposed expenditure
is not within such purposes of, or limitations on the OBA, it is
the policy of the OBA to provide a means by which the member may
register his or her objection thereto with the Executive Director
of the OBA for resolution as described below.
2. Members May
Object. A member may object to a proposed or actual
expenditure of monies by the OBA as not within the purposes or limitations
set out in the Rules or Bylaws, and seek refund of a pro rata portion
of his or her dues expended, plus interest, by filing a written objection
with the Executive Director. The objection must be made in writing,
on a separate official OBA Dues Claim Form for each objectionable
budgetary expenditure, addressed to the Executive Director of the
OBA, P. O. Box 53036, Oklahoma City, OK 73152, and postmarked not
later than Sixty (60) days after the approval of the annual budget
by the Oklahoma Supreme Court or January 31st of each year, whichever
shall first occur. The OBA Dues Claim Form may be obtained by written
or in person request to the Executive Director or from the OBA Web
site at www.okbar.org/duesclaimform.pdf.
3. Executive
Director's Duty Upon Receipt of Objection. Upon receipt
of a member's written objection on an official OBA Dues Claim Form,
the Executive Director shall within Twenty one (21) days review such
written objection together with the allocation of dues monies to
be spent on the activity or action and, in consultation with the
OBA President, shall have the discretion to resolve the objection,
including refunding a pro rata portion of the member's dues, plus
interest, or notify the member of hearing before the OBA Budget Review
Panel no sooner than thirty (30) days, nor more than sixty (60) days
thereafter.
4. Budget Review
Panel. The Budget
Review Panel ("Panel")
shall consist of three (3) OBA members in good standing, selected
from the Budget Committee by the OBA President-Elect to conduct a
hearing on the member's objection.
5. Panel Hearing
Procedure; Appeal. The Executive Director shall provide written notice of the date,
time and place of hearing of the member’s objection. Failure to appear at the designated
hearing shall result in an immediate dismissal of the objection.
The Panel shall conduct a hearing of the member’s objection
and provide a written decision within thirty (30) days thereof. The
written decision shall be final within twenty (20) days after mailing
the same to member’s last known address as set forth in the
records of the OBA unless a written appeal is presented to the Executive
Director for consideration by the Board of Governors specifying the
exact factual and/or legal basis therefore. The appeal shall be considered
by the Board of Governors based solely upon the written record of
the Panel. The Board of Governors’ decision shall be final.
The Executive Director shall notify the member of the decision.
6. Payment to
Objecting Member. Any refund of a pro rata share of
the member's dues shall be for the convenience of the OBA, and shall
not be construed as an admission that the activity or action to which
the member objected was or would not have been within the purposes
or limitations of the Rules or By Laws.
7. Notice of
Policy and Protest Procedure. The following notice
shall be published in conjunction with any publication or description
of the OBA's budget, legislative program, performance measures, amicus
briefs, and any other similar policy positions adopted by the OBA.
The purpose of the OBA is to
engage in those activities enumerated in the Rules Creating and
Controlling the Oklahoma Bar Association (“the Rules”) and the OBA Bylaws (“the Bylaws”).
The expenditure of funds by the OBA is limited both as set forth
at the Rules and Bylaws and in Keller v. State Bar of California,
496 U.S. 1 (1990). If any member feels that any actual or proposed
expenditure is not within such purposes of, or limitations on the
OBA, then such member may object thereto and seek a refund of a
pro rata portion of his or her dues expended, plus interest,
by filing a written objection with the Executive Director. Each
objection must be made in writing on an OBA
Dues Claim Form,
addressed to the Executive Director of the OBA, P. O. Box 53036,
Oklahoma City, OK 73152, and postmarked not later than Sixty
(60) days after the approval of the Annual Budget by the Oklahoma
Supreme Court or January 31st of each year, whichever shall first
occur.
Upon receipt of a member's written objection, the Executive Director
shall promptly review such objection together with the allocation
of dues monies spent on the challenged activity and, in consultation
with the President, shall have the discretion to resolve the objection,
including refunding a pro rata portion of the member's dues, plus
interest or schedule a hearing before the Budget Review Panel. Refund
of a pro rata share of the member's dues shall be for the convenience
of the OBA, and shall not be construed as an admission that the challenged
activity was or would not have been within the purposes of or limitations
on the OBA.
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