Antitrust Compliance Policy
It is the undeviating policy of the New Mexico Chiropractic Association (NMCA) to strictly comply with the letter and spirit of all federal, state and applicable international trade regulations and antitrust laws. Any activities of the NMCA or NMCA-related actions of its staff, officers, directors or members, that violate these regulations and laws, are detrimental to the interests of the association and are unequivocally contrary to NMCA policy.
Implementation of the antitrust compliance policy of the NMCA shall include, but shall not be limited to, the following:
NMCA Membership, Board of Directors, Executive Committee and other Committee meetings shall be conducted pursuant to agendas distributed to all attendees either prior to or at the beginning of each meeting; discussions shall be limited to agenda items and appropriate new business items presented during the meeting; there shall be no substantive discussions of association matters other than at official meetings; minutes shall be distributed to attendees promptly.
All association activities or discussions shall be avoided which might be construed as tending to: (1) raise, lower, or stabilize prices; (2) allocate markets; (3) encourage boycotts; (4) foster unfair trade practices; (5) assist in monopolization; or in any way violate federal, state or applicable international trade regulations and antitrust laws.
No officer, director or member of the NMCA shall make any representation in public or in private, orally or in writing, which states, or appears to state, an official policy or position of the association without specific authorization to do so.
When appropriate, General Counsel shall attend NMCA Executive Committee, Board of Directors, and Membership meetings. Attendance of Counsel at other meetings shall be at the discretion of the President or Executive Director.
Associate members, officers, directors or employees who participate in conduct which the Board of Directors, by a two-thirds majority vote, determines to be contrary to the NMCA’s antitrust compliance policy shall be subject to disciplinary measures, up to and including termination.
Adopted by the NMCA Board of Directors at its meeting on December 11, 2004.
NMCA E-mail Discussion List Policies
The primary purpose of the NMCA discussion list is to enhance communication of information between NMCA members. Secondarily it provides opportunity for the members to share information relative to issues and other topics of interest to NMCA members.
The purpose of this policy is to assure a high quality of communication and discussion on the discussion list as well as protecting NMCA and its members from incurring legal liability. The
following rules apply to every discussion list member.
1. Use and participation on the NMCA e-mail discussion list is a privilege granted to members of NMCA, each of whom signifies his/her agreement to the terms of this policy by utilizing the
2. Discussion list members must provide a “signature” that identifies, at the very least their true first and last name. Additional information is optional.
3. Discussion list members shall not post any of the following:
- Chain letters.
- Virus alerts, hoaxes, and urban legends. For more information please check the following sites: http://securityresponse.symantec.com/ or http://www.vmyths.com/
- Promotional materials to solicit business or engage in buying and selling of goods or services, except for materials announcing or soliciting participation in programs, activities or membership of NMCA.
- Content that may be actionable under antitrust laws. This includes but is not limited to: sharing of fee information, any activities that may be construed as “price fixing,” and calls toboycott.
- Content that is threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, derogatory against any person based on race, religion, gender, ethnicity or any other identifiable characteristic, or illegal in any way, whether such content is intended to be humorous or not.
- Content that you do not have a legal right to post.
- Content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
- Content that detracts from an environment of fair, reasonable, honest discussion.
4. Jokes or other posts which are primarily comprised of humorous content shall include in the subject line some identification of the post as “humor” or “joke” or something similar. In no case
shall a member post any content, whether humorous or otherwise, that is profane, obscene or derogatory to any person or group based on their race, religion, ethnicity or gender.
5. Members who fail to abide by these rules may be removed from the discussion list.
- The member will receive three warnings from the NMCA. The three warnings shall be aggregate of all warnings for any violation in any category. If the member violates these rules after having received three warnings within three months, the member will be removed from the discussion list for a period of 30 days. At NMCA’s discretion, the member may receive additional warnings before being removed from the discussion list if NMCA believes that the member’s violations were unintentional.
- If a member persists after having been removed from the discussion list and re-subscribed, the member may be removed from the discussion list indefinitely.
- The member may appeal the warnings or the removal by sending an e-mail to email@example.com and requesting an appeal hearing with the NMCA Executive Committee or a committee the Executive Committee appoints. Appeals will be handled via telephone or e-mail, at NMCA’s discretion.
- Decisions by the appeals body are final.
Adopted by the NMCA Board of Directors on December 11, 2004.