VII.K Staff-Issued Conditional Contracts

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1. Definition

A conditional contract is a behavioral contract that specifies that a member’s continued membership in the BSC is contingent upon specific aspects of the member’s behavior. For instance, a conditional contract may specify that a member refrain from setting any unauthorized fires, and that doing so will result in eviction.

2. Procedure

A. Before offering a member a conditional contract, a central level supervisor will consult with the respective unit manager to assess whether it is appropriate for the conditional contract to be offered by the unit directly. If there is a disagreement between the central level supervisor and the unit manager, the central level supervisor’s decision will take precedence. Also, by request of the member, the central level supervisor will assume the responsibility of issuing the conditional contract.
A member has the option to accept the central-level supervisor’s contract subject to all the rights under Policy Directory VII.K.3 or to take the case before the appropriate Enforcement Committee.

B. If the conditional contract is to be issued at the unit level, the central level supervisor wil linform the unit manager of the minimum conduct requirements and the maximum possible time frame for issuing the conditional contract.
A staff-member may choose to offer a member a conditional contract directly if the unit is unable or unwilling to follow through with the issuing the conditional contract.

3. Member Rights

A member and central-level supervisor may mutually choose to address a conduct issue with a staff-issued conditional contract provided that the following conditions are met:

A. The staff-issued conditional contract will be offered only after the central-level supervisor has researched both sides of the issue.

B. A member does not have to sign the staff-issued conditional contract. No member shall ever be terminated solely for refusing to sign a staff-issued conditional contract. In some cases, signing a staff-issued conditional contract may be beneficial to the member due to either privacy or expediency reasons, but it is always a member’s choice.

C. The central-level supervisor will review each condition of the conditional contract with the member to ensure mutual understanding.

D. The member shall have a chance to respond to each condition, and may ask that overly ambiguous conditions be rephrased in more specific language. The central-level supervisor will make a good- faith effort to honor any requests for clearer language in cases when it is reasonably possible to do so.

E. The member may also object to certain conditions and state reasons for the objections. It is at the discretion of the central-level supervisor to remove conditions based on the member’s objections.

F. The member will have at least 72 hours to decide whether to sign the staff-issued conditional contract.

G. The Member Advocate will be an available resource to help advocate on the member’s behalf, including helping to negotiate and clarify the terms of the staff-issued conditional contract. If the normal Member Advocate is not available as a resource in the 72-hour time frame or if there is a conflict-of-interest, then the central-level supervisor shall make a good faith effort to locate and reimburse a substitute Member Advocate for up to four hours of time.

H. If the member chooses not to sign the staff-issued contract, the issue will be referred to the appropriate Enforcement Committee for consideration. For instance, if a member has been setting fires, the issue will be referred to the Conduct Committee. It is not possible to predict in advance how the Enforcement Committee will adjudicate the issue (e.g. the committee could dismiss the issue, decide to issue a conditional contract, or decide to terminate the member.)

I. Before signing a staff-issued conditional contract, the member shall be informed of conditions A through H in writing and shall explicitly initial each condition to indicate that these rights are understood.