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The Delegates' Voice

March 2005

COMMITTEE REPORT:

Constitution & Bylaws

Paul W. Britt

The Constitution and Bylaws Committee has worked on several amendments to the Bylaws this year; some housekeeping issues, and some to address recent events. The proposed changes are at the end of this article, but I would like to take this opportunity to discuss them. They are addressed in the order that they appear on the resolution.

The first is a topic that was sent back to committee last year regarding reinstatement of members that have been dropped for various reasons. The point of contention last year was concerning members who have been dropped for ethical reasons. The Bylaws had already been amended to allow this in a prior year, and this was thought to be a housekeeping issue. After revisiting it, the committee recognized that there could be certain circumstances where a member who was expelled could be reinstated after meeting conditions set forth by the Executive Committee, as is already allowed for in the Bylaws. Therefore, the amendment was redrafted to recognize this possibility, and is presented for your review.

The committee was asked to review the voting methods employed when more than two candidates ran for office, and a candidate could win with a plurality, but without a majority, of the vote. This topic generated a lot of discussion and consideration within the committee. It is amazing how many different methods exist for this circumstance, but it was agreed that a candidate should win by a majority. After careful review of the different processes for voting, it was concluded that the instant runoff method would be the fairest AND easiest to implement on the ballot. This method allows voters to select candidates in order of preference. When a majority of the votes is not attained by any one candidate, the trailing candidate is dropped, and that candidate's second choice votes are applied to the remaining candidates. This process continues until one candidate receives a majority of the votes.

Vacancies of office were also considered, and in light of the proposed voting method changes, an amendment is proposed to comply with the voting method proposed above, and to allow a more democratic selection of replacement than is now provided for in the Bylaws.

Nominations for candidates for office, while currently holding office, was reviewed. The proposed amendment will require a broader selection of candidates for office from the membership than is now provided for.

Article IV, Section 8 is proposed as a change to interim wording on a prior change to the Bylaws, making the language cleaner.

The last issue, Article V, Section 12, allows for more latitude in providing for an alternate to Advisory Council meetings. The way it is now worded, an alternate could not be provided under certain circumstances.

These amendments are submitted for your consideration, and will be discussed and voted upon in Calgary. The committee thanks you for your consideration of these amendments, and we look forward to seeing all of you there!

A proposed amendment to Article I, Section 11, of the AAPG Bylaws to coordinate its provisions with the provisions of existing Article XI, Section 7, of the AAPG Bylaws.

ARTICLE I. MEMBERSHIP

SECTION 11. Reinstatement

Any person who has ceased to be a member of whatever classification, who has resigned, or who has forfeited membership for nonpayment of dues, unless expelled for ethical reasons, may be reinstated by unanimous vote of the Executive Committee, upon fulfillment of such requirements as may be established by the Executive Committee. Any person who has been expelled from membership for ethical reasons may be reinstated as provided for in Article XI, Section 7, of these Bylaws.

A proposed amendment to Article II, Section 10, of the AAPG Bylaws to provide for voting procedures in the event of more than two candidates for an Association office listed in Article II, Section 10, of the AAPG Bylaws.

ARTICLE II. OFFICERS, EXECUTIVE DIRECTOR, AND ASSOCIATION POSITIONS

SECTION 10. Election of Officers

(a) 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 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 candidates shall be published in the Explorer or by other suitable means ninety (90) days prior to distribution of ballots to members. 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. Such ballots may consist of any combination of printed, electronic, and other suitable ballots. 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 majority 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.

(b) In the event that there are more than two (2) candidates for any office, whether through petition or other means as provided for in these Bylaws, then the candidate elected to that office shall be determined as provided in this subsection (b). The ballots for offices having more than two (2) candidates shall provide for the candidates to be voted upon by the voters in order of preference; i.e., first choice, second choice, etc. The candidate receiving a majority of the first choice votes shall be elected to that office. If no candidate receives a majority of the first choice votes cast, then the candidate that received the least number of first choice votes shall be dropped from consideration, and the second choices of those voters whose first choice was the dropped candidate shall be deemed those voters' first choice. Upon a tabulation of the votes according to the provisions of the previous sentence, a candidate with a majority of first choice votes shall be elected; if no candidate yet has a majority, the candidate remaining with the least number of first choice votes shall be dropped from consideration, and the process described above shall again be applied in another tabulation of the votes to determine if a candidate has received a majority of the first choice votes. The process provided in this subsection (b) shall be re-applied until a candidate receives a majority of the first choice votes cast. In the process described in this subsection (b) the first choice of any voter in any tabulation shall be deemed to be the candidate chosen highest by that voter after removing from that voter's selections the candidate or candidates who have been dropped from consideration prior to the pertinent tabulation.

A proposed amendment to Article II, Section 11, of the AAPG Bylaws to change the methods of filling vacancies in certain offices of the Association listed in Article II, Section 11, of the AAPG Bylaws.

ARTICLE II. OFFICERS, EXECUTIVE DIRECTOR, AND ASSOCIATION POSITIONS

SECTION 11. Vacancies

A vacancy occurring in the office of President-Elect, Vice President, Secretary, Treasurer, or Editor shall be filled by the Executive Committee unsuccessful candidate for that office in the most recent election. If there were more than one unsuccessful candidate for that office in said election, the candidate to fill the vacancy will be selected in accordance with the election process in Article II, Section 10, subsection (b), of these Bylaws.

Should the unsuccessful candidate or candidates be unwilling or unable to fill such vacancy, the Executive Committee shall fill such vacancy except for a vacancy in the office of President-Elect. If the unsuccessful candidate or candidates for President-Elect are unwilling or unable to fill such vacancy, such 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. Any such ballot may consist of any combination of mail, electronic mail, and other suitable means.

A proposed amendment to Article II, Section 13, of the AAPG Bylaws to provide that members holding certain offices may not be nominated for any other of those offices.

ARTICLE II. OFFICERS, EXECUTIVE DIRECTOR, AND ASSOCIATION POSITIONS

SECTION 13. Limitations on Association Positions

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 Officer of any Division;
Advisory Council member elected by any United States
Section; and
Advisory Council member elected by any International Region.

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) No member of any classification may be nominated for any of the offices listed in subsection 13(a) above while holding any of those offices.

A proposed amendment to Article IV, Section 8, of the AAPG Bylaws to delete certain language no longer required and to make other minor non-substantive changes.

ARTICLE IV. HOUSE OF DELEGATES

SECTION 8. Officers of House of Delegates

(a) The officers of the House of Delegates shall be a Chairman, a Chairman-Elect and a Secretary/Editor. The House of Delegates shall elect the Chairman-Elect and the Secretary/Editor at its annual meeting. The term of office shall be one year commencing July 1 following election of officers. The Chairman-Elect shall assume the office of Chairman of the House of Delegates the year following his or her term of office as Chairman-Elect. At the annual meeting of the House of Delegates in which these bylaws are amended to provide for a Chairman-Elect of the House of Delegates, the House of Delegates shall elect a Chairman, whose term of office shall be one (1) year, a Chairman-Elect and a Secretary/Editor. At subsequent annual meetings of the House of Delegates, the House of Delegates shall elect a Chairman-Elect and a Secretary/Editor.

Subsections (b), (c), and (d) to remain unchanged.

A proposed amendment to Article V, Section 12, of the AAPG Bylaws to provide for the method to appoint an alternate representative for an absent Advisory Council member from a Region, Section, or Division if the current member's predecessor is unwilling or unable to attend an Advisory Council meeting.

ARTICLE V. ADVISORY COUNCIL

SECTION 12. Alternates at Advisory Council Meetings for Absent Members

The alternate representative for an absent Advisory Council member shall be that absent member's immediate predecessor as a member of the Advisory Council, except as prescribed in Section 8, paragraph (a) of this Article. If the absent Advisory Council member represents a Region, Section, or Division and did not have a predecessor, or if that predecessor is unwilling or unable to attend in place of the absent Advisory Council member, then the alternate representative shall be designated by the Region, Section, or Division President, and shall be a current member of its executive committee. If an Advisory Council member dies or resigns, then prior to the election of a successor member as prescribed in Article VI, Section 1, such former member's alternate representative shall be as otherwise provided herein for an absent member. An alternate representative may be seated at any time during an Advisory Council meeting. The alternate representative shall have the authority, including the right to vote, of the absent member.

 

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