Proposed AAPG Bylaws Amendment for Consideration
This proposal will be an agenda item at the House of Delegates meeting April 20, 2008 at the AAPG Annual Meeting in San Antonio. Please contact your delegate with your comments or questions.
The 2007-2008 Constitution and Bylaws committee consisted of Paul Hoffman, chair; Terry Hollrah, vice chair; Edie Allison; George Bole; John Brooks; David Farmer; and Pat Gordon. Proposed changes to the AAPG Bylaws are set out below (deleted language in strike-outblue and new language in boldred):
A proposed amendment to Article XI, Section 8, of the AAPG Bylaws to provide for the AAPG Executive Committee to have authority to expel a member who falsely stated his or her qualifications on an application for AAPG membership.
Article XI. Grievance Proceedings; Section 8. Alternative Procedure
Any member (a) who pleads guilty to a misdemeanor involving moral turpitude or to any felony, or (b) who admits to the violation of any governmental statute, regulation, rule, or code of ethics relating to the practice of geology, or (c) who the Executive Committee determines falsely stated qualifications for membership in an application for Association membership may be expelled from membership in the Association upon a majority vote of all members of the Executive Committee of the Association.
Any member who does not plead guilty to but is convicted of a misdemeanor involving moral turpitude or of any felony or who is found by a governmental body to have violated any governmental statute, regulation, rule, or code of ethics relating to the practice of geology may be suspended from membership in the Association upon a majority vote of all members of the Executive Committee of the Association. If such a conviction or finding is reversed on appeal, the member shall be reinstated to membership. If such a conviction or finding is not appealed or is upheld on final appeal, the member may be expelled from membership in the Association upon a majority vote of all members of the Executive Committee of the Association. If such a conviction or finding is the subject of an executive pardon, the member shall be reinstated to membership upon a majority vote of all members of the Executive Committee of the Association.
In the event that (a) expulsion of a member so pleading guilty or so admitting violation is proposed, (b) expulsion of a member for so falsely stating qualifications is proposed, or (c) suspension or expulsion of a member so convicted or so found is proposed, a date shall be set for a hearing thereon and for consideration by the Executive Committee of such proposed suspension or expulsion. The member shall be given notice in writing of the date and place for the hearing, mailed to the member by registered mail to the member's last-known mailing address not less than thirty (30) days before said date, accompanied by, as applicable, a copy of a court document or other official document indicating such plea of guilty or admission of violation, or a copy of the judgment or other document indicating such conviction or finding, and a copy of any applicable order of an appellate court or other appellate body, or a statement explaining such charge of falsely stating qualifications for membership, and a copy of this section. At the hearing the member may appear before the Executive Committee with legal counsel, may submit oral or written statements to the Executive Committee, may present written evidence to the Executive Committee, and may present witnesses to testify on the member's behalf before the Executive Committee. The Executive Committee shall have the right to cross-examine the member and any witnesses presented by the member on the member's behalf. At the member's option, the member may, by registered letter addressed to the President of the Association at Association headquarters, postmarked not less than ten (10) days prior to the date of the hearing, request the Executive Committee to consider the matter on the basis of a written statement by the member accompanying such a letter without the personal appearance of the member before the Executive Committee. The Executive Committee, if such oral or written statements, written evidence, or testimony of witnesses are presented, shall consider said statements, evidence, and testimony prior to voting on the suspension or expulsion of the member.
A member expelled from the Association under the procedure stated above shall be ineligible for reinstatement to membership unless reinstated by a unanimous vote of all members of the Executive Committee of the Association.
Discussion: This recommended amendment results from consideration of concerns expressed by the Executive Director that in some instances the burdens placed on members of the Ethics Committee and of the Advisory Council, who have responsibility to adjudicate grievances, are unduly onerous and time consuming. In response to this Committee’s request for clarification and examples, one example that was judged to warrant amendment was the discovery of falsification of stated qualifications in an application for AAPG membership. The Committee felt unanimously that such a grievance could be addressed more efficiently within the process stipulated in Section 8, Alternative Procedure, while maintaining reasonable due process protection. The Committee therefore recommends adoption of this amendment.