MARCH 2003

HoD-C&BL Committee Consensus -- Status of Issues

Mid-Year 2002-2003

by Valary Schulz, Chair

Incorporated herein, are the results of the HoD leadership meeting at the GCAGS convention in Austin on 31 October, 2002, inter-committee correspondence, and the HoD mid year meeting on 10 January, 2003.

1. Ethics Committee Amendment:

To summarize, this proposed change to the Bylaws was requested by the Ethics Committee and the resolution was passed by the AAPG Executive Committee. Ed Heath reported on this issue, and in his opinion "this increase in numbers is needed and justifiable". No unfavorable comments have been received; the amendment as follows will be published, and proposed at the annual meeting.

ARTICLE XI. GRIEVANCE PROCEEDINGS

SECTION 2. Investigation Procedure

The Executive Director shall submit the changes to the Ethics Committee of the Association which shall be a standing committee and which shall consist of three (3) five (5) members of the technical division of the Association charged with conducting the program or programs of certification of members in professional categories and who shall be appointed by the Executive committee of the Association for staggered three (3) year terms as members of the Ethics Committee.

2. Electronic Ballot Amendment:

The AAPG Ballot Committee made a formal request to the Executive Committee that amendments to the AAPG Constitution and Bylaws be made to allow for voting by e-mail, electronic, or other suitable means. Paul English evaluated these proposed changes and added a fourth necessary revision, as included below. Paul notes that there are numerous other references to "mail" which allow interpretation to include email. These changes will require 2 revisions to the Constitution and 2 revisions to the Bylaws which will be published, and proposed at the annual meeting.

Constitution

Article VIII. Amendments

Section 1. Mail, Electronic Mail, or Other Suitable Ballot by Members

Amendments to this Constitution may be made by a two-thirds (2/3) majority vote of the members of this Association responding by mail, electronic mail, or other suitable ballot.

Section 5. Voting on Amendments

If any proposed amendment shall be acted upon favorably by simple majority vote of the House of Delegates, the Executive Committee shall arrange for a ballot of members by mail, electronic mail or other suitable means, within sixty (60) days after the annual meeting of the House of Delegates and two-thirds (2/3) majority favorable vote of the ballots received within sixty (60) days of such mailing, electronic mail or other suitable distribution, shall be sufficient to amend.

Bylaws

Article II

Section 10. Election of Officers

The Executive Committee shall then prepare a printed, electronic, or other suitable ballot, listing the candidates for each office, and one (1) ballot shall be mailed, electronically distributed, or distributed by other suitable means to each member on or before April 1.

SECTION 11. Vacancies

A vacancy occurring in the office of President-Elect shall be filled by mail, electronic mail or other suitable ballot by membership, through a special election called by the Executive Committee.

3. Advisory Council Experience Balancing Amendment:

With the intent of balancing the experience level of the Advisory Council whose members' terms are staggered with a schedule established by the Executive Committee, the Advisory Council and the Executive Committee approved a resolution to initiate a series of one-time corrections to the terms of several Region representatives. It was subsequently determined by counsel, Craig Blackstock, that these corrections could be made by vote of the EC. Therefore, no changes are proposed to the Bylaws.

4. Nomination by Petition Procedures Amendment:

A rigorous analysis of the procedures for nomination by petition was made by Tom Ewing, and considerable discussion and comments were evoked. It was decided by the majority of the committee, and confirmed by the leadership of the house, that the current system is effective and reasonable, and does not warrant change. There exist some timing issues however, that ought to be addressed, and are proposed here as changes to the Bylaws. Publication of candidates' names in the Explorer rather than the Bulletin was a request from AAPG staff, as the Explorer is more nimble with respect to lead time for publication. The deadline for submission of additional nominations by petition was advanced by one month to thus advance the publication of the names, and to allow for the candidates to be recognized at such Sectional and Regional meetings as possible, without placing an undue burden upon the petition candidates. Typically, candidates for office are not selected by the Executive Committee until the Annual Convention meeting, and not notified until shortly thereafter. Only at that time, might a petition candidacy be initiated.

ARTICLE II. OFFICERS, EXECUTIVE DIRECTOR, AND ASSOCIATION POSITIONS

SECTION 10. Election of Officers

…..The Executive Committee 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. Additional nominations may be made by written petition of fifty (50) or more members in good standing received at Association headquarters not later than October 15 following. The names of approved candidates shall be published in the Bulletin Explorer 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…..

5. Selection Integrity Amendment;

In order to promote fairness and impartiality in the AAPG officer nomination and honors and awards process, and to protect the rights of all members to compete for nominations and awards on an equal basis, this amendment would eliminate members of the governing bodies from consideration for those offices or awards. The following amendment is proposed by a majority vote of the Officers of the House of Delegates and the Chair of the Constitution and Bylaws Committee of the HoD

ARTICLE II. OFFICERS, EXECUTIVE DIRECTORS, AND ASSOCIATION POSITIONS

SECTION 14: Limitations on Nomination and Honors & Awards

(a) Members serving as any of the officers described in Article II of these Bylaws, as officers of the House of Delegates, or on the Advisory Council shall not be eligible to be nominated for offices described in Article II of these Bylaws or selected for an honor or award by the body on or in which they serve, except for the House of Delegates' Recognition of Service Award.

(b) Candidates for the offices described in Article II of these Bylaws, for officers of the House of Delegates, for members of the AAPG Advisory Council representing United States Sections or International Regions, or for president of any Technical Division may not be selected to receive any honor or award by any of these bodies during the period of their candidacy, unless the honor or award has been announced prior to the announcement of their candidacy.

5. Restriction of Executive Session Discussion:

There being no consensus on this issue, it will be proposed as a discussion item at the annual meeting. Through The Delegates' Voice, George Eynon has addressed this issue with a considered and balanced analysis, inviting comments. The delegates will have an opportunity to discuss this issue within their delegations and societies prior to the Salt Lake City meeting.

6. Filling of Officer Vacancies:

Tom Ewing noted that Article II, Section 11 calls for vacancies in the offices of Vice President, Secretary, Treasurer, or Editor to be filled by the Executive Committee, with no direction or description of how that vacancy might be filled. Furthermore, vacancies in the office of President-Elect shall be filled by ballot through a special election called by the Executive Committee, with no specification or guidance on how candidates are selected. Additionally, the succession as a result of catastrophic loss of several EC members has never been addressed. We would like to present this issue for further discussion. Your comments please.

Paul English
Tom Ewing
Ed Heath
Valary Schulz, Chair
Constitution & Bylaws Committee of HoD