Section 1. The privileges and obligations of members, in addition to those otherwise provided in these Bylaws, shall be as specified in this Article.

Section 2. Any Member of the Association may be reprimanded, fined, placed on probation, suspended or expelled by either the Board of Directors of the Association or a Tribunal of the Minnesota Association of REALTORS® acting on behalf of the Board of Directors of the Minnesota Association, or upon recommendation by a hearing panel of the Minnesota Association of REALTORSâ Professional Standards Committee, be subject to discipline as described above, for any conduct which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms "REALTOR®" or "REALTORS®", and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Association, the State Association and the NATIONAL ASSOCIATION OF REALTORS®.

Further, Members other than REALTORS® may, upon recommendation of Board of Directors of the Association, or upon recommendation by a hearing panel of the Minnesota Association of REALTORS® Professional Standards Committee, be subject to discipline as described above, for any conduct which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms "REALTOR®" or "REALTORS®", and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the local Association, the State Association and the NATIONAL ASSOCIATION OF REALTORS®.

Although members other than REALTORS® are not subject to the Code of Ethics nor its enforcement by the Association, such members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® and conduct their business and professional practices accordingly.

Section 3. Any REALTOR® Member of the Association may be disciplined by the Tribunal of the Minnesota Association of REALTORS® for violations of the Code of Ethics. Any REALTOR® Member of the Association may be disciplined by the Board of Directors for other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION OF REALTORS® as set forth in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®.

Section 4.  Resignations of Members shall become effective when received in writing by the Chief Executive Officer or its designee provided, however, that if any Member(s) submitting the resignation is indebted to the Association for dues, fees, fines or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the Association may condition the right of the resigning Member to reapply for membership upon payment in full of all such moneys owed.

Section 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant’s certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing panel.

(a)   If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTORâ.

Section 6. REALTOR® Members. REALTOR® Members whether primary or secondary, in good standing, whose financial obligations to the Association are paid in full shall be entitled to vote and to hold elective office in the Association, may use the terms REALTOR® and REALTORS®, which use shall be subject to the provisions of Article VIII, and have the primary responsibility to safeguard and promote the standards, interests, and welfare of the Association and the real estate profession.

(a) If a REALTOR® Member is a sole proprietor in a firm, a partner in a partnership or an officer in a corporation, and is suspended or expelled, the firm, partnership or corporation shall not use the terms REALTOR® or REALTORS® in connection with its business during the period of suspension, or until readmission to REALTOR® membership, or unless connection with the firm, partnership or corporation is severed or management control is relinquished, whichever may apply.  The membership of all other principals, partners, or corporate officers shall suspend or terminate during the period of suspension of the disciplined Member, or until readmission of the disciplined Member or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or unless the REALTOR® who is suspended or expelled removes him/herself from any form or degree of management control of the firm for the term of the suspension or until readmission to membership, whichever may apply.  Removal of an individual from any form or degree of management control must be certified to the Association by the Member who is being suspended or expelled and by the individual who is assuming management control and the signatures of such certification must be notarized.  In the event the suspended or expelled Member is so certified to have relinquished all form or degree of management control of the firm, the membership of other partners, corporate officers, or other individual affiliated with the firm shall not be affected and the firm, partnership or corporation may continue to use the terms REALTOR® or REALTORS® in connection with its business during the period of suspension or until the former Member is readmitted to membership in the Association.  The foregoing is not intended to preclude a suspended or expelled Member from functioning as an employee or an independent contractor, providing no management control is exercised.  Further, the membership of REALTORS® other than principals who are employed or affiliated as independent contractors with the disciplined Member shall suspend or terminate during the period of suspension of the disciplined Member or until readmission of the disciplined Member, or unless connection of the disciplined Member with the firm, partnership, or corporation is severed, or management control is relinquished, or unless the REALTOR® Member (non-principal) elects to sever his/her connection with the REALTOR® and affiliate with another REALTOR® Member in good standing in the Association, whichever may apply.

If a REALTOR® Member other than a sole proprietor in a firm, partner in a partnership or an officer of a corporation is suspended or expelled, the use of the terms REALTOR® or REALTORS® by the firm, partnership or corporation shall not be affected *

(b) In any action taken against a REALTOR® Member for the suspension or expulsion under section 6 (a) hereof, notice of such action shall be given to all REALTORS® employed by or affiliated as independent contractors with such REALTOR® Members and they shall be advised that the provisions in Article VI, Section 6 (a) shall apply.

(c) Designated REALTORS® shall refer to a Member who is a principal, partner, corporate officer, or office manager in the real estate business. The Association shall be notified of said individual. The Designated REALTOR® may change from time to time. Written notification must be provided to the Association within ten (10) days of any change in Designated REALTOR®. The Designated REALTOR® shall act on behalf of the corporation, partnership or trust with respect to communications, representation in arbitration matters and records concerning dues payment and membership.

(d) The real estate practice of REALTOR® Members and of firms, partnerships or corporations with which a REALTOR® Member is associated shall be conducted in compliance with the Bylaws, Rules and Regulations and Professional Standards of the Association which pertain to the conduct of real estate practice and in full accord with the Constitution and Bylaws, and the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.

Section 7. Institute Affiliate Members. Institute Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors consistent with the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS®.

NOTE:  Local Associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTOR® or REALTORS® logo; to serve as President of the local Association, or to be a Participant in local Association’s Multiple Listing Service. (Amended 1/02)

Section 8. Affiliate Members. Affiliate Members shall have privileges and rights and be subject to obligations prescribed by the Board of Directors.

Section 9. Public Service Members. Public Service Members shall have privileges and rights and be subject to obligations prescribed by the Board of Directors.

Section 10. Honorary Members. Honorary Membership shall confer only the right to attend meetings and participate in discussions.

Section 11. Student Members. Student Members shall have privileges and rights and be subject to obligations prescribed by the Board of Directors.

Section 12. Certification by REALTOR® Designated REALTOR® Members of the Association shall certify to the Association quarterly or as requested by the Board of Directors, on a form provided by the Association, a complete listing of all individuals licensed or certified in the REALTORÒ’s office(s) and shall designate a primary Board for each individual who holds membership.  Designated REALTORSÒ shall also identify any non-member licensees in the REALTORSÒ office(s) and if Designated REALTORÒ dues have been paid to another Board based on said non-member licensees, the Designated REALTORÒ shall identify the Board to which dues have been remitted.  These declarations shall be used for purposes of calculating dues under Article X, Section 2(a) of the Bylaws.  “Designated” REALTORÒ Members shall also notify the Board of any additional individual(s) licensed or certified with the firm(s) within 30 days of the date of affiliation or severance of the individual.

Section 13. Harassment.  Any member of the Association may be reprimanded, placed on probation, suspended or expelled for harassment of an Association or MLS employee or Association Officer or Director after a hearing in accordance with the established procedures of the Association.  Disciplinary action may also consist of any sanction authorized in the Association’s Code of Ethics and Arbitration Manual.  As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment.  The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and President-elect and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the Association.  If the complaint names the President or President-elect, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.  (Amended 5/03)