THE    CODE    OF    ETHICS    AND  STANDARDS    OF    BUSINESS    AND PROFESSIONAL CONDUCT FOR THE MERCEDES-BENZ CLUB OF KENYA

 

 

 

Message from the President: At the heart of every successful organization is a common understanding of the  manner  in which to  conduct  oneself as well as the  harmony  of many parts  that  contribute positively towards the whole. In seeking this harmony, we must set forth the standards that govern our conduct and demarcate  the rules that guide our actions. We encourage our members to not only abide by the guidelines that are set out for our Club, but to also introduce a spirit of positivity in the practice of these rules that will see the Club rise to unprecedented heights within our local community and to the further reaches of the greater international automotive community.

 

VISION AND PURPOSE

 

MBCK members will be committed to doing what is right and honorable and will set high standards  for ourselves  as in all aspects  of our lives—at work, at home,  and within  the  club interactions  with  our peers. This Code of Ethics and Professional Conduct describes the expectations that we have of ourselves and those that we recruit to join our prestigious club. It articulates the ideals to which we aspire as well as the behaviors that are mandatory in our daily interaction with each other.

 

The purpose  of this Code is to  guide our day to day interactions and  assist us in making informed decisions, particularly when  faced with difficult and/or conflicting situations  where  we may be at  a crossroads threatening to compromise our integrity or our values.

 

TO WHOM THE CODE APPLIES

 

          All members of MBCK

     All individuals   who have made  a formal  application  seeking to  join the  club and  are  in the process of being vetted and accepted into the club.

 

IMPLEMENTATION

 

     Responsibility for the content of this Code of Conduct and the supervision of its operation rests with the MBCK Committee.  The Committee will review and update this document at least annually and consider any breaches, either alleged or actual.

 

     Responsibility for implementation of the Code rests with the Committee and the Code shall be communicated through the member onboarding portal.  Compliance is therefore a condition of membership.

 

CLUB VALUES THAT SUPPORT  THIS CODE OF CONDUCT

 

This Code affirms the  below values form its foundation  and  describe the  conduct  that  we strive to uphold as members. Although adherence to these values is not easily measured, conducting ourselves in accordance with these is an expectation that we have of ourselves as members and—it is not optional.

 

Responsibility & Commitment-

 

Responsibility is our duty to take ownership for the decisions we make or fail to make, the actions we take or fail to take, and the consequences  that  result thereof.  Commitment is our duty to uphold the club’s activities through keeping time, participating in events and discussions, executing with excellence and being there for each other.

 

 

 

Respect

 

Respect is our duty to show a high regard  for ourselves, others,  and the  resources  entrusted to us. Resources entrusted to  us may include people, money,  reputation  and  or the  safety  of others.  An environment of respect  engenders  trust,  confidence, and an environment where  diverse perspectives and views are encouraged and valued. We inform ourselves about the norms and customs of others and avoid engaging in behaviors they might consider disrespectful and we listen to others’ points of view, seeking to understand  them.  We approach  directly those  persons  with whom we have a conflict or disagreement and we conduct ourselves in a professional manner, even when it is not reciprocated.

 

Fairness

 

Fairness is our duty to make decisions and act impartially and objectively. Our conduct must be free from competing  self-interest(s), prejudice, and  favoritism. We demonstrate transparency  in our  decision- making process and we constantly re-examine our impartiality and objectivity, taking corrective action as appropriate.

 

Honesty  & Integrity

 

Honesty is our duty to understand  the truth and act in a truthful manner both in our communications and in our conduct.  We strive to create an environment in which others feel safe to tell the truth. We do not engage in or condone  behavior that  is designed  to deceive others,  including but not limited to, making misleading or  false statements, stating  half-truths, providing information out  of context  or withholding information that, if known, would render our statements as misleading or incomplete. We do not engage in dishonest behavior with the intention of personal gain or at the expense of another.

 

Conflict of Interest

 

A conflict of interest occurs when we are in a position to influence decisions or other  outcomes  on behalf of one party when such decisions or outcomes could affect one or more other parties with which we have competing loyalties.

 

Standards

 

     We  proactively  and  fully  disclose  any  real  or  potential  conflicts  of  interest  to  the  MBCK Committee.

          When we realize that we have a real or potential conflict of interest, we refrain from engaging in

the decision-making process or otherwise attempting to influence outcomes, unless or until: we have made full disclosure to the affected members; we have an approved mitigation plan; and we have obtained the consent of the Committee to proceed.

 

Social Media

 

Social media in this case would include but not limited to Facebook (Group and Page), WhatsApp groups, MBCK Official Website, Instagram and Twitter.

 

Information shared within the MBCK social media should adhere to the professional ethics and values on responsibility, respect, fairness, honesty and integrity and minimize conflict of interest.

 

          All social media content is to be Mercedes-Benz related.

 

          All social media content is monitored by MBCK officials.

 

          Social media violators are subject to disciplinary action as highlighted below.

 

GRIEVANCE AND  DISCIPLINARY RULES AND PROCEDURES

 

Mercedes Benz Club of Kenya Limited (hereinafter “MBCK” or the “Club”) recognizes that Club Members may, from time to time, have grievances or complaints and that they have a right to bring such matters which concern them  to the attention  of the Committee. It is for this reason  that  grievance rules and procedures have been developed, to allow Club Members the opportunity to raise such issues formally when  necessary  and  to  ensure  that  they  are  dealt with in an  appropriate, effective and  equitable manner.

 

However, alse  grievances  is  also  considered  a  serious  issue  and  may  result  in  disciplinary  action;

grievances need to be based on legitimate concerns or complaints.

 

Scope

 

These rules and procedures  apply to grievances raised by Club Members. Where grievances are raised between  two (2) or more Club Members by any club member they shall be handled in accordance with the Club’s collective grievance process.

 

Informal Grievance Procedures

 

As the use of formal procedures  is a tedious process, it is preferred  that  most of the difficulties that might arise between  members  can be resolved without resorting to formal procedures.  However, the Main Committee and member  opinions may be at variance from time to time.  In such instances, the Main Committee will strive to understand  the member's  viewpoint, and explain the Main Committee position and seek a mutually acceptable solution.

 

If a mutually acceptable solution is not possible after direct discussion between the two (2) parties and if the member  feels there  is no alternative to using the formal procedure  the stages are set out below. Informal grievance procedures aim to settle the grievance quickly and effectively and as near as possible to the point of origin. When discussing a grievance within the Informal grievance procedure,  members may be accompanied by a fellow member of their choice, if they so wish.

 

Formal Grievance Procedures

 

The formal grievance procedure is as follows: -

 

In the first instance, the complaint should be made to the Disciplinary Sub- Committee within five (5) days, Sub- Committee of which shall be constituted in accordance with the set guidelines under the Club Constitution. The Disciplinary Sub- Committee will arrange an interview not later than two (2) working days after receiving the complaint and will prepare a written record of the interview with their recommendation  for resolving the grievance. The recommendation  for resolving the grievance should be shared and endorsed by the Main Committee.

 

The record  must  be  sent  to  the  aggrieved member  not  later than  five (5) working  days after  the interview. Within five (5) working days of receiving this record the member may, if he/she feels that the grievance has not been resolved, appeal to the President of the Club.

 

At this second  stage,  the  duly elected President  of the  Club  will cause  the  Secretary to  arrange  an interview not later  than  two (2) working days after receiving the  appeal and will call for the  written record  of the  first interview. After the  interview, the  Secretary will prepare  a written record  of the meeting together with a recommendation  for resolving the grievance as recommended  by the President of the Club. This written record should be sent to the aggrieved member within five (5) working days of the interview.

 

This will be the final stage of the procedure and the duly elected President’s decision shall be final.

 

Disciplinary Procedures

 

MBCK disciplinary rules and procedures are necessary for promoting fairness and order in the treatment of a member. They also assist the Club to operate  effectively. Rules and procedures  help to ensure that standards are adhered to and provide a fair method of dealing with alleged failures to observe them.

 

This  process  strives to  correct,  rather  than  to  punish. However, it does  require good  standards  of discipline and  a satisfactory  standard  of conduct  to  be  maintained in whose  absence corrective/disciplinary action will be taken.

 

Disciplinary procedures  attempt  to improve the behavior of members. In less serious cases the penalty will normally be, on the first occasion, a cautionary warning. If the member again fails to comply with the Club’s requirements, a first and second written warning would follow this and, if matters  still do not improve, expulsion. A warning may be accompanied by a period of suspension from the club.

 

1.1.       Warnings

 

1. a. Cautionary Warnings

 

Minor lapses in behavior or failure to comply with required standards,  will normally result in a cautionary warning being given to the member concerned by the Disciplinary Sub- Committee. The purpose of this warning is to explain to the member the way in which he/she is not complying with expected standards and to assist him/her in complying with them in the future. The warning explains what  is required and  can arrange  for other  corrective steps  such as coaching or mentoring. An informal warning of this kind is not recorded on the member’s file and is not prerequisite to formal disciplinary procedure  should that  prove necessary.  All  cautionary warnings should, however,  be documented.

 

1. Written warnings

 

In more serious cases, or where  a cautionary warning has not resulted in improved behavior the following procedure will apply:

 

 

 

 

 

Step 1: First Written Warning

 

The  member  will be  called  for a disciplinary interview  by the  Disciplinary Sub- Committee.  The nature of the problem will be discussed, solutions and guidelines agreed and a list of targets set for the next period.  The meeting will be minuted and signed by both parties. The record of the meeting will be placed in the member’s file.

 

If there  is no improvement in the member’s behavior, or another  offence is committed, a second warning letter may be written.

 

Step 2: Second Written Warning

 

The procedure  will be the  same  as above and the  signed minutes of the  meeting  placed in the member’s  file.  If  there   is  no  improvement  in  the  member’s  behavior,  or  another   offence  is committed, expulsion procedures may be initiated.

 

Step 3: Expulsion

 

The member will be notified, normally in writing, of his/her intended expulsion and of the time and place of the hearing so that he or she will have an opportunity to discuss their expulsion. At least twenty-four (24) hours’ notice will be given of the hearing. The notice will also inform the member of his/her rights of representation and to call witnesses as set out below. The member is entitled to be accompanied at the disciplinary hearing by one (1) fellow member.

 

If the  facts are  in dispute, the  member  or his representative is entitled to put  questions  to any witnesses to be called and to ask additional witnesses to be called. The member  will be given an opportunity  to  draw  attention   to  any  mitigating  circumstances  before  any  decision  as  to  the appropriate disciplinary penalty is taken.

 

The duly elected President or the equivalent will, under normal circumstances, attend  the formal disciplinary hearing in an advisory capacity. The member will have the final decision communicated to him/ her in writing and the reason for the decision.

 

1.2.       Penalties

 

The penalties, which may be imposed after a formal disciplinary hearing are as follows:

 

1. A formal cautionary warning
2. Suspension for a specified period of time; as agreed by the Main Committee c.   Expulsion

 

1.3.       Grievance and Disciplinary Records

 

A written record of any disciplinary warning will be kept in the  member’s file. As a general rule, disciplinary action will not be allowed to count against a member indefinitely and will be removed and not taken into account after a specified period as determined by the Main Committee, provided no further disciplinary action has been taken against the member in that time.

 

However, as a rule, the following are issued:

 

1. a) Formal cautionary warning - 3 months b) First written warning – 6 months
2. c) Second written warning – 6 months d) Notice of Expulsion

 

 

1.4.       Expulsion and Subsequent Institution of Legal Proceedings

 

MBCK reserves the right of instant expulsion in cases of proven serious misconduct as defined below. Where expulsion would otherwise be justified but there  are mitigating circumstances, a warning at any level in the procedure may be given instead of expulsion.

 

As a safeguard for Club Members, only certain Main Committee Members will be entitled to suspend or take expulsion action as outlined below.

 

The duly elected President  of the  Club or his authorized representative will only  take  expulsion action. As previously  stated, Club Members will not normally be expelled for a first offence but there are  certain cases of serious misconduct where  immediate expulsion may result. To set  down  a complete list of such cases is not practicable but they include but are not limited to the following: -

 

1. Misrepresentation  of records/information.
2. Damage/misuse of Club property by malice or neglect (negligence)
3. c. Being  intoxicated/inebriated  to  the  extent  that  the  member  is  incapable  of performing his/her duties while in office.
4. The unauthorized possession of or misappropriation of Club property/funds.
5. Conduct prejudicial to safety, including one’s own which conduct includes but is not limited to driving while under the influence of alcohol or any other mind altering substances.
6. f. Soliciting or receiving bribes/favors in any form.
7. Criminal activities including theft and fraud.
8. Violence or threats of violence to any member of the club.
9. i. Discrimination,  Harassment whether sexual or verbal or Bullying of any ki
10. j. Placing the name of MBCK in disrepute (incorporates culture and sexual behaviors). k.   Use of abusive or insulting language, or behaves in a manner insulting, to members
11. l. If in the lawful exercise of any power of arrest given by or under any written law, a member

is arrested  for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or on bond or otherwise lawfully set at liberty.

 

 

The  duly  elected  President   or  his  authorized  representative  may  proceed   to  institute  legal proceedings on behalf of the  club in the  event  the  available remedies are not sufficient and/ or satisfactory. A member is also at liberty to institute legal proceedings in their own individual capacity in the event they are not satisfied with the internal formal procedures. The same shall be treated  as a civil suit independent of the club’s leadership.

 

1.5.       Suspension

 

Where an offence is involved  but not proven, precautionary  suspension can be imposed until the case is heard or completed. Suspension would be considered where the offence has not resulted in financial loss for the Club.  Suspension may be given by no less authority than a President of the Club or anyone acting in such a capacity.  Suspension can only be imposed for a maximum period of three (3) months unless exceptional circumstances warrant its extension.

 

1.6.       Appeals

 

A member  who is aggrieved at any formal disciplinary decision adverse to him/her may appeal in writing to the duly elected President within ten (10) working days of receiving written confirmation of the decision.

 

Appeals will normally be heard within five (5) working days from the time that they are lodged and will  be  heard  by another  Disciplinary Sub-  Committee from the  next  level of authority to  that imposing the sanction.

 

A separate  committee may be constituted  by the duly elected President to handle any appeal case. The committee members  shall be drawn from the existing Disciplinary Committee, and two other members  of the Main Club Committee. The committee will make a decision by way of voting and majority votes will carry the day.

 

The duly elected President  of the  Club or his authorized representative will hear  appeals against expulsion.

 

Where  a member  has  been  expelled, he  will  be  regarded  as  suspended  without club benefits pending the decision on his appeal. If the appeal is successful, all benefits will be reinstated and if unsuccessful, the expulsion will be regarded  as having taken effect in accordance with the original decision.

 

On appeal,  the  duly  elected  President  may  allow  the  appeal  by setting  aside  the  penalty  in completely or in part or substituting a less severe penalty or s/he may dismiss the appeal. A more severe penalty may not be imposed on appeal. The duly elected President’s decision on appeal is final.

 

 

 

If there  are any aspects of the Code of Ethics and the specific guidelines that govern the conduct and practices of the Mercedes-Benz Club of Kenya that  are not clear, please feel free to contact  any duly elected Club Official.