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The Delegates' Voice

Newsletter for the House of Delegates of AAPG

JANUARY 2002

Constitution & Bylaws Committee

by George Eynon, Chair

Final Report to the House of Delegates

The House C&BL Committee has four (4) proposed amendments of the Bylaws for consideration by the Delegates on March 10, 2002 in Houston.

Once again, our House leadership did a great job of communicating with the Delegates despite the short, eight-month year between June in Denver and March in Houston. Similarly, the level of cooperation and collaboration among all the individual members of the EC, the AC and the House leadership has been excellent.

This year should be less contentious than last with respect to Bylaws changes coming from this Committee, but I said that about one or two items in Denver and the Delegates proved me wrong. The most complex piece of legislation is the Bylaws amending procedure provisions which is an outcome of the Committee on Constitution and Bylaws Amending Procedure (COCBAP) from several years ago and last year's legislation.

The four resolutions for Bylaws amendments are all fully described in the body of this report for ease of reference. Any [deletions] are struck through and placed in brackets and additions are underlined. We intend to handle them in the order they appear in the report. Now it is up to you, the Delegates, to decide the fate of each of the resolutions.

The Committee discussed two additional issues and brief notes are appended for your information. Special thanks are due to your House leadership (Ed Dolly, Marty Hewitt and Terry Hollrah), to your Association officers and to your AC representatives for all their cooperation and collaboration over the past year in providing their views, advice and input.

I wish also to thank - Valary Schultz, Jim Ragsdale and Ed Heath -- my colleagues on the Committee, for their work. It has been our pleasure to serve the Delegates.

1. Resolution for amendment to provide for consultation of the AAPG governing bodies on Bylaw amendments affecting them (COCBAP2) RETURN TO SHORTCUTS

The House in Denver defeated the COCBAP3 resolution, and then approved the C&BL Committee's COCBAP2 Resolution to formalize a mechanism to obtain comment from each of the three governing bodies on amendments that might affect them. This has, in effect, already been implemented in spirit to obtain the EC, AC and HoD views on COCBAP 3 last year - and it worked wonderfully. This amendment will encode the process in the Bylaws.

Last year at the Denver House meeting the Bylaws were amended to allow the House officers and the chairman of the C&BL Committee to propose Bylaw amendments. The amendment as proposed at the House meeting in Denver did not include reference to amendments proposed by a majority vote of the officers of the House and the chairman of the C&BL Committee because they did not have the authority to propose amendments at the time the amendment was drafted. Therefore, the C&BL Committee proposes that the amendment as proposed at the Denver House meeting be amended at the meeting of the House in Houston to include amendments proposed by the House leadership (officers and the C&BL chairman).

The amendment as proposed at the Denver meeting was as follows:

[Paragraph (a) of this Bylaws section was amended in an unrelated bylaw amendment at the Denver HoD meeting and is presented here as amended]

Proposed Bylaw Amendment

ARTICLE XIV. AMENDMENTS

SECTION 2. Amending Procedure

(a) Upon receipt of such proposals, they shall be referred to the Chairman of the House of Delegates, who shall then forward them to (a) the Executive Committee and (b) to the Constitution & Bylaws Committee of the House of Delegates for review and a report to be presented to the members of the House of Delegates, in accordance with its Rules & Procedures.

ýb) Amendments proposed by resolution of the Executive Committee or by fifty (50) members of the Association shall within thirty (30) days of their receipt by the Chairman of the House of Delegates be distributed to the Executive Committee, the members of the House of Delegates, the Constitution and Bylaws committee of the House of Delegates, the Advisory Council, and any Committee or member(s) of the Association designated by the Executive Committee to receive them. Each of the Advisory Council, committees or members of the Association, and members of the House of Delegates to whom a proposed amendment was distributed under these provisions, may submit comments to the Constitution and Bylaws committee of the House of Delegates not less than thirty (30) days prior to the annual meeting of the House of Delegates at which the proposed amendment shall be considered. The Chairman of the House of Delegates shall cause all such comments to be sent with the proposed amendment to the members of the House of Delegates prior to such annual meeting.

(c) Amendments proposed by resolution of the House of Delegates shall within thirty (30) days of their adoption be distributed to the members of the House of Delegates, the Executive Committee, the Advisory Council, and any Committee or member(s) of the Association designated by the Executive Committee to receive them. Each of the Executive Committee, the Advisory Council, committees or members of the Association, and members of the House of Delegates to whom a proposed amendment was distributed under these provisions, may submit comments to the Constitution and Bylaws committee of the House of Delegates not later than the next October 31st following the adoption of the resolution and preceding the annual meeting of the House of Delegates at which the proposed amendment shall be considered. The Chairman of the House of Delegates shall cause all such comments to be sent with the proposed amendment to the members of the House of Delegates as provided in its Rules and Procedure

The amendment as the C&BL Committee proposes it be amended at the Houston HOD meeting is as set out below.

Paragraph (a) of this Bylaws section was amended in an unrelated bylaw amendment at the Denver HOD meeting and is presented here as amended.

Paragraph (b) provides for timely distribution of proposed amendments by the EC, 50 members, and House leadership to the other bodies.

Paragraph (c) provides for timely comment to the C&BL Committee on EC, member, and HOD leadership proposed amendments and timely distribution of proposed amendments and all relevant comments to the Delegates.

Paragraph (d) provides for timely comment to the C&BL Committee on HOD proposed amendments and timely distribution of HOD proposed amendments and all relevant comments to the Delegates.

[Italics and double strikeouts indicate additions and deletions, respectively, suggested by C&BL Committee to the proposed amendment].

ARTICLE XIV. AMENDMENTS

SECTION 2. Amending Procedure

(a) Upon receipt of such proposals, they shall be referred to the Chairman of the House of Delegates, who shall then forward them to (a) the Executive Committee and (b) to the Constitution & Bylaws Committee of the House of Delegates for review and a report to be presented to the members of the House of Delegates, in accordance with its Rules & Procedures.

(b) Amendments proposed by resolution of the Executive Committee, by resolution of a majority vote of the Officers of the House of Delegates and the Chairman of the Constitution and Bylaws Committee of the House of Delegates, ýr by fifty (50) members of the Association shall within thirty (30) days of their receipt by the Chairman of the House of Delegates be distributed to the Executive Committee, the members of the House of Delegates, the Constitution and Bylaws committee of the House of Delegates, the Advisory Council, and any committee or member(s) of the Association designated by the Executive Committee to receive them.

(c) Each of the Advisory Council, committees or members of the Association, and members of the House of Delegates to whom a proposed amendment was distributed under these provisions bodies and members receiving proposed amendments pursuant to Section 2, paragraph (a) above, may submit comments to the Constitution and Bylaws committee of the House of Delegates not less than thirty (30) days prior to the annual meeting of the House of Delegates at which the proposed amendment shall is to be considered. The Chairman of the House of Delegates shall cause all such comments to be sent with the proposed amendment to the members of the House of Delegates prior to such annual meeting.

(d) Each of the bodies and members to receive proposed amendments under Section 2, paragraph (b) above, may submit comments concerning Aamendments proposed by resolution of the House of Delegates shall within thirty (30) days of their adoption be distributed to the members of the House of Delegates, the Executive Committee, the Advisory Council, and any Committee or member(s) of the Association designated by the Executive Committee to receive them. Each of the Executive Committee, the Advisory Council, committees or members of the Association, and members of the House of Delegates to whom a proposed amendment was distributed under these provisions, may submit comments to the Constitution and Bylaws committee of the House of Delegates not later than the next October 31st following the adoption of the resolution and preceding the annual meeting of the House of Delegates at which the proposed amendment shall be considered. The Chairman of the House of Delegates shall cause all such comments to be sent with the proposed amendment to the members of the House of Delegates as provided in its Rules and Procedures.

2. Resolution for amendment to require an EC five vote "super-majority" to alter AC's officer nominations RETURN TO SHORTCUTS

In the 2000-2001 year the C&BL Committee was directed by the House to investigate requiring the EC to vote by more than a simple majority -- in fact five (5) affirmative votes -- if it wishes to either reject or change the rank order of any candidates presented by the AC. A resolution of the House proposing to amend the Bylaws in this way was passed in Denver and is a formal resolution for amendment by the House in Houston in 2002. This amendment is exactly as voted upon in Denver.

The Executive Committee, numbering seven in total, customarily votes without the chair (the President) casting a ballot unless there is a tie. This amendment requires that at least five votes be cast to change the order of nominations, and therefore could require the president to vote to gain or block such a "super-majority". There is no problem with this since Robert's Rules of Order (RRO) govern the EC's meetings and provide for just such a situation, viz.:

"If the presiding officer is a member of the assembly or voting body, he has the same voting right as any other member ... ... the chair protects his impartial position by exercising his voting right only when his vote would affect the outcome ... " - RONR (10th ed.), p. 50, l. 30-33.

Proposed Bylaw Amendment

ARTICLE II. OFFICERS AND EXECUTIVE DIRECTOR

SECTION 10. Election of Officers

These officers shall be elected from among the members of the Association by means of secret ballot in the following manner: not later than June 30 of each year the Advisory Council shall annually recommend two (2) or more candidates each for the offices of Vice President and President-Elect, biennially recommend two (2) or more candidates each for offices of Secretary and Treasurer, and triennially recommend two (2) or more candidates for the office of Editor to stand for election during the following fiscal year, and, if elected, to serve during the second succeeding fiscal year. The Executive Committee shall approve the candidates recommended in the order (if the Advisory Council recommends candidates in a particular order) and for the office recommended by the Advisory Council unless the Executive Committee, by the affirmative vote of not less than five of its members in each instance, alters the order in which candidates are recommended or changes the office for which a particular candidate is recommended; provided, however, that no person shall be a candidate who declines such candidacy. The [Council's recommendations shall thereafter be considered by the] Executive Committee [which ]shall annually approve two (2) candidates each for the offices of Vice President and President-Elect, biennially approve two (2) candidates each for the offices of Secretary and Treasurer and triennially approve two (2) candidates for the office of Editor. The names of approved candidates shall be published in the Bulletin or by other suitable means ninety (90) days prior to distribution of ballots to members. Additional nominations may be made by written petition of fifty (50) or more members in good standing received at Association headquarters not later than November 15 following. The Executive Committee shall then prepare a printed ballot, listing the candidates for each office, and one (1) ballot shall be mailed to each member on or before April 1. Marked ballots returned to and received by the Association after May 15 shall not be counted. The ballot committee shall count the ballots promptly after May 15 and report the results to the President. A plurality of all votes cast for an office is necessary for election. In case of a tie vote the Executive Committee shall cast one (1) additional deciding vote.

3. Resolution for amendment to reduce required membership for Emeritus status to 30 years RETURN TO SHORTCUTS

The Executive Committee passed a resolution for amendment to reduce the total number of years required for Emeritus Membership in the Association from thirty-five (35) to thirty (30) and, since this comes from the EC directly, it is presented as an amendment for vote in Houston in 2002.

Proposed Bylaw Amendment

ARTICLE I. MEMBERSHIP

SECTION 4. Emeritus Members

When Active Members in good standing in the Association, with all dues paid to date, become sixty-five (65) years of age and have been members of the Association (regardless of classification) for a total of thirty[-five (35)] (30) years including time spent in military service, those members shall become Emeritus Members of this Association upon advising the Executive Director of the Association of their sixty-fifth (65th) birthday, and by requesting such classification of membership. Thereafter the emeriti members shall pay fifty percent (50%) of the amount of dues for Active Members and shall be entitled to all privileges and advantages of Active membership in this Association.

4. Resolution for amendment to remove the effective date of Article II: Officers, Executive Director, and Association Positions, Section 13 RETURN TO SHORTCUTS

The House leadership (Chair, Chair-Elect, Secretary-Editor and chair of the C&BL) passed a resolution for amendment to remove the effective date of this Bylaws change. It was put in place last year to handle the problem of candidates already running that could have been in contravention of the Bylaws change as soon as it was passed. The effective date is now past and therefore redundant, and since this comes from the House leadership directly, it is presented as an amendment for vote in Houston in 2002.

Proposed Bylaw Amendment

ARTICLE II. OFFICERS, EXECUTIVE DIRECTOR, and ASSOCIATION POSITIONS

SECTION 13. Limitations on Association Positions

(a) No member of any classification may hold more than one of the following offices at any one time;

Association President;

Association Vice President;

Association President-Elect;

Association Secretary;

Association Treasurer;

Association Editor;

Chairman, House of Delegates;

Chairman-Elect, House of Delegates;

Secretary-Editor, House of Delegates;

Immediate Past Chairman, House of Delegates;

President of any Division;

Advisory Council member elected by any United States Section; and

Advisory Council member elected by any International Region.

(b ) No past president of the Association may within three (3) years after expiration of his or her term of office as such hold any of the offices listed in subsection 13(a) above.

[(c) The effective date of this amendment is July 1st, 2001.]

Note on Committee discussion: Robert's Rules of Order as AAPG's official parliamentary authority RETURN TO SHORTCUTS

The House of Delegates' professional parliamentarian -- Mary Bahde -- suggested we consider adding an article to the Bylaws to make Robert's Rules of Order the official parliamentary authority governing the AAPG's conduct of business. Several cautionary objections have been raised.

First, there is considerable concern that if we make any small incorrect moves in our procedures, we may have to redo work unnecessarily. This is probably not a major issue since, thanks to Mary's help, we already conduct the House business successfully (if without brevity) under Robert's Rules of Order.

Second, and much more important in many members' minds, most AAPG committees operate somewhat informally -- especially since much of the work is performed by a myriad of standing- and sub-committees at a distance, through e-mail and teleconferences. No one is suggesting that these meetings be subject to Robert's Rules of Order, unless each committee chooses to do so.

It is clear that Robert's Rules of Order already apply to the official meetings of the Executive Committee, the Advisory Council and the House of Delegates; and the C&BL Committee sees no need to further specify that Robert's Rules of Order apply to other meetings of the Association.

Note on Committee discussion: Elimination of Divisions' minimum membership number for AC representation RETURN TO SHORTCUTS

Earlier this year the EC suggested eliminating the minimum membership requirement for Division representation on the AC in order to avoid the situation that occurred in June when the EMD was not able to vote at the AC.

The EC withdrew its resolution, preferring to address the issue through an administrative policy for timely, ongoing notification by HQ staff to the Divisions regarding their changing membership levels.

In conjunction with the original EC proposal, the C&BL Committee also considered the merits of a similar provision for Sections and Regions, which similarly require a minimum of 750 members for their first voting representative, but can then have additional seats based on total membership.

The C&BL Committee discussed eliminating the 750-member requirement for the initial, voting seat for the Sections and Regions, which would give everyone at the table a vote. However, in light of the EC's desired administrative approach with respect to Divisions, and in the absence of firm mandate from the Delegates, the Committee has not taken the matter any further at this juncture.

RETURN TO SHORTCUTS
In this issue …

> Chairman's Corner
> HoD Awardees for 2001-02
> Visit the Delegates' Forum for Latest Updates
> Annual Meeting
> Deadlines for 2001-02 Business
> Chairman-Elect's Corner
> Secretary/Editor's Corner
> Call for Committee Members

Committee Reports:

> Constitution and Bylaws
> Committee Discussion: Robert's Rules of Order
> Note on Committee Discussion
> Rules and Procedures
> Credentials

> Letter to the Editor

> www.aapg.org

Candidates:

> Chaiman-Elect
> Secretary/Editor

> 25 & 26 YEARS AGO: House Revisits Emeritus Rules

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