Three bylaw amendments, listed below, will be considered by the AAPG House of Delegates during its annual meeting in New Orleans.
In all cases, strikeouts indicate proposed deletions, and underlining indicates proposed additions.
They are:
Bylaw amendment proposed by the AAPG House of Delegates to provide for the Secretary to have policy oversight of certain publications and communications of AAPG, for the Editor to have policy oversight and responsibility for certain other publications of AAPG, for the Editor to serve a three year term, for the Editor not to serve successive terms as Editor, for the Advisory Council to recommend two or more candidates for Editor, and for the Executive Committee to approve two candidates for Editor. This amendment would amend the AAPG Bylaws as follows:
Article II:
Amend Section 5.
Amend Section 7.
Amend Section 9.
Amend Section 10.
ARTICLE II. OFFICERS AND EXECUTIVE DIRECTOR
SECTION 5. Secretary
The Secretary shall be responsible for recording the actions of the Executive Committee; shall keep possession of the corporate seal and affix the same; and shall have policy oversight of all non-technical and non-peer reviewed publications and communications. The Secretary shall and perform other duties as may be directed by the Executive Committee.
SECTION 7. Editor
The Editor shall have general supervision and final authority in soliciting, accepting, and rejecting all material on technical subjects for publication. The Editor shall have policy oversight and responsibility for editorial content of all technical and peer reviewed publications in the Bulletin or in special publications. With the approval of the Executive Committee, the Editor shall appoint, replace, and reappoint such volunteer associate editors from among the membership of the Association that may be required to accomplish the publication activities of the Association. The Editor shall submit an annual report of editorial activities to the Executive Committee.
SECTION 9. Terms of Office
(a) The President, Vice President, and President-Elect, each as such, shall serve a one (1)-year term and shall not succeed themselves in office. The Secretary and Treasurer, each as such, shall serve a two (2)-year staggered term and shall not succeed themselves in office. The Editor, as such, shall serve a two (2)-year three (3)-year term and may be nominated for only one (1) succeeding two (2)-year term shall not serve successive terms as Editor.
(b) The terms of office shall commence on July 1 following election.
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, and biennially recommend two (2) or more candidates each for offices of Secretary and Treasurer, and one (1) 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 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, and biennially approve two (2) candidates each for the offices of Secretary and Treasurer, and triennially approve one (1) or 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.
* * *
Bylaw amendment proposed by the AAPG Executive Committee to provide for the selection by the Advisory Council, rather than the Executive Committee, of candidates for election to AAPG offices. This amendment would amend the AAPG Bylaws as follows:
Article II:
Amend Section 10.
Article V:
Amend Section 1.
Amend Section 5.
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 select two (2) or more candidates each for the offices of Vice President and President-Elect, and biennially recommend select two (2) or more candidates each for offices of Secretary and Treasurer and one (1) 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 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, and biennially approve two (2) candidates each for the offices of Secretary and Treasurer and one (1) or two (2) candidates for the office of Editor. The Advisory Council shall select candidates for each Association office as provided in these Bylaws. 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 Advisory Council shall cast one (1) additional deciding vote.
ARTICLE V. ADVISORY COUNCIL
SECTION 1. Jurisdiction
The advisory function of this Association shall be vested in an Advisory Council. The Council shall have no executive authority, but shall report to the Executive Committee on all matters involving ethics and discipline referred to it. The Council shall conduct long-range planning and undertake the necessary studies and investigations in connection therewith. It shall report to the Executive Committee on all matters involving constitutional review referred to it. The Council shall recommend to the Executive Committee nominations select candidates for Association officers. The Council shall recommend to the Executive Committee nominations for and also honors and awards, with the exception of the Matson Award and the Jules Braunstein Memorial Award. The Council shall review the organization of the Association and the standing committee structure of the Association. It shall also undertake any special projects wherein guidance is requested by the Executive Committee.
SECTION 5. Nominations
The Advisory Council shall recommend suitable select candidates for Association officers as provided in these Bylaws. These candidates shall be the only nominees for the designated office, except as otherwise provided for in these Bylaws. No person shall be considered for candidacy by the Advisory Council unless he or she has delivered to the Council a signed commitment to run if nominated and to serve if elected.
* * *
Bylaw amendment proposed by the Executive Committee to provide procedures for investigation, prosecution, hearing, and appeals regarding certain charges of misconduct against AAPG members. This amendment would amend the AAPG Bylaws as follows:
Article V:
Amend Section 2.
Article VIII:
Amend Section 1.
Amend Section 2.
Article XI:
Amend Section 1.
Amend Section 2.
Amend Section 3.
Amend Section 4.
Amend Section 5.
Amend Section 6.
Amend Section 7.
Amend Section 8.
Add a new Section 9.
Renumber former Section 9 to Section 10.
Add a new Section 11.
Amend Article V, Section 2, as follows:
SECTION 2. Ethics and Discipline
The Advisory Council shall serve as the investigative and interpretive authority for all questions of ethics and Five members of the Advisory Council shall serve as the tribunal Hearing Body in grievance proceedings as provided in Article XI of these Bylaws for all disciplinary actions against any member of this Association, regardless of classification, in accordance with the provisions of Article XI, Grievance Proceedings of these Bylaws, except as otherwise provided in Article XI, Section 8, of these Bylaws.
Amend Article VIII, Section 1 and Section 2, as follows:
SECTION 1. Standing Committees
Except as provided in Article XI of these Bylaws, the The Executive Committee of this Association, acting on Advisory Council recommendations, shall have the authority to establish, maintain, and dissolve standing committees of the Association. In like manner, the charge to each standing committee may be modified. A list of standing committees, the charge to each committee, and the names of the chairmen, vice-chairmen, and committee members shall be published annually. The Executive Committee shall report to the House of Delegates at its annual meeting as to the establishment or dissolution of any standing committees since the last meeting of the House of Delegates.
SECTION 2. Appointments and Tenure
Except as provided in Article XI of these Bylaws, the The President shall appoint all committee chairmen, vice-chairmen, and other committee members and fill vacancies whenever they occur, except where otherwise specified in these Bylaws. The Executive Committee shall determine the number of members of each standing committee. The Executive Committee may remove any committee chairman, vice-chairman, or other member with or without cause. The term of office of a member of a standing committee, unless otherwise provided in these Bylaws, shall be three (3) years beginning July 1. Appointments of chairmen and vice-chairmen shall be for one (1) year beginning July 1. Members of standing committees (other than chairmen and vice-chairmen) shall serve in rotating terms. One-third (1/3) of the members of each standing committee (other than the chairman and vice-chairman), unless otherwise provided, shall be appointed each year. No chairman of a standing committee may serve as such for more than three (3) consecutive years. Each chairman and vice-chairman of a committee shall be a member of such committee by virtue of his or her office. Committee members shall be Association members of any classification.
Amend Article XI as follows:
ARTICLE XI. GRIEVANCE PROCEEDINGS.
SECTION 1. Investigation Adoption and Publication of Implementing Procedures
Charges of misconduct in violation of Article IV of the Constitution shall first be submitted in writing to the Executive Director at Association headquarters, by a member in good standing, with a full statement of the evidence on which the charges are based. If, in the judgement of the President, they merit further consideration, the President shall refer them to the Chairman of the Advisory Council, who shall appoint an investigating committee of three (3) members of the Advisory Council, including at least one (1) former president of the Association, to examine into the charges. If, in the judgement of said investigating committee, the facts warrant, the committee shall prepare and file with the Advisory Council at Association headquarters formal charges against the accused member.
The Executive Committee shall, in accordance with and subject to the provisions of these Bylaws, adopt procedures governing the investigation, hearing, and disposition of charges of misconduct in violation of Article IV of the Constitution, in accordance with the provisions of this Article XI, and shall publish such procedures in the Bulletin or by other suitable means.
SECTION 2. Notice of Hearing Investigation Procedure
As soon as may be after the receipt of such formal charges the Advisory Council shall fix a date and place for hearing thereon, and shall give to the accused member notice thereof in writing, mailed to the member by registered mail at the member's last known post office address not less than thirty (30) days before said date, accompanied by a copy of the formal charges, and a copy of this article.
Charges of misconduct in violation of Article IV of the Constitution shall first be submitted in writing to the Executive Director at Association headquarters with a statement of the evidence on which the charges are based. The Executive Director shall submit the charges to the Ethics Committee of the Association which shall be a standing committee and which shall consist of three (3) 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. The provisions of Article VIII of these Bylaws shall not apply to the Ethics Committee. The Ethics Committee shall be charged with the investigation and prosecution of such charges, and may conduct such investigation as the Ethics Committee deems necessary to reasonably and thoroughly investigate the charges. If in the judgment of the Ethics Committee and after consultation with AAPG legal counsel, the evidence supports further action bv the Association on the charges, the committee shall prepare and file with the Advisory Council at Association headquarters formal charges against the accused member. Upon such filing the Chairman of the Advisory Council shall appoint a Hearing Body from the Advisory Council members, in accordance with Section 3 of this Article XI, and the Ethics Committee shall appoint one of its members as the prosecutor. Notwithstanding anything to the contrary contained in these Bylaws and except for proceedings pursuant to the provisions of Section 8 of this Article, disposition of the charges on any terms or conditions agreed to by all of the Ethics Committee, the Chairman of the Advisory Council, and the accused member, and approved by the Executive Committee of the Association (regardless of whether such terms or conditions are listed in phrases (a), (b), (c), or (d) of Section 4 of this Article XI) may be made at any time prior to the conclusion of the proceedings provided for in this Article XI and upon such disposition all proceedings under this Article XI concerning the charges of misconduct against the accused member shall cease. The existence of allegations against any member, and the basis and content thereof, is confidential.
SECTION 3. Hearing Procedure
On the day fixed for the hearing the attendance of the Chairman and at least two-thirds (2/3) of the members of the Advisory Council shall constitute a quorum and full representation of the Advisory Council for the conduct of the hearing provided in this section. The accused member may appear with legal counsel before the Advisory Council, hear any witnesses called in support of the charges and, at the member's option, cross-examine the same, present witnesses in the member's behalf, and submit oral or written statements in the member's behalf. The Advisory Council may likewise present witnesses and have the right to cross-examination. At the member's option, the accused member may, by registered letter addressed to the Chairman of the Advisory Council at Association headquarters, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the Advisory Council to adjudge the matter on the basis of a written statement of the member's defense accompanying such a letter.
The Hearing Body shall consist of five (5) members of the Advisory Council, including at least one (1) past president of the Association, all of whom shall be appointed by the Chairman of the Advisory Council. Each of the prosecutor and the accused member may challenge and have removed not more than two (2) members of the Hearing Body and such removed members shall be replaced with other members of the Advisory Council selected by the Chairman of the Advisory Council. The Hearing Body shall set the time, date, and place for a hearing on the charges and the accused member shall be given notice in writing of the time, date, and place of the hearing, mailed to the member by registered mail to the member's last-known mailing address not less than thirty (30) days prior to such date, accompanied by a copy of the formal charges and a copy of this Article. The accused member may appear with legal counsel before the Hearing Body, hear any witnesses called in support of the charges and, at the member's option, cross-examine the same, present witnesses in the member's behalf, and submit oral or written statements in the member's behalf. The prosecutor may likewise be represented by legal counsel, present witnesses, and cross-examine the accused member's witnesses. The Hearing Body may consult at any time with legal counsel of its choosing at all stages of the proceedings in which it is involved. At the accused member's option, the accused member may, by registered letter addressed to the Chairman of the Advisory Council at Association headquarters, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the Hearing Body to adjudge the matter on the basis of a written statement of the member's defense accompanying such letter.
SECTION 4. Decision of Council Hearing Body
After the conclusion of the hearing or study of the written defense submitted in lieu thereof, the Advisory Council Hearing Body shall consider and vote to sustain or dismiss the charges. If, by a two-thirds (2/3) not less than a four-fifths (4/5) vote of those present, all of the members of the Advisory Council Hearing Body, the Hearing Body shall declare sustained the charges against the accused member, it shall recommend to the Executive Committee alternatively that it then the Hearing Body may impose the following discipline:
(a) admonish the member issue a private or public admonition of the member; or
(b) suspend the member for a stated period of time; or
(c) allow the member to resign; or
(d) expel the member.
Failure of the accused member to appear, or to submit a waiver letter and a written defense, as provided in this section provided, shall not prevent the Advisory Council Hearing Body from rendering final advisory judgement and the Executive Committee from action on the basis of the evidence available to it on the hearing date. Notice of the decision of the Hearing Body shall be sent by registered mail to the accused member at the member's last-known mailing address.
SECTION 5. Executive Committee Action
Appeals Procedure
The decision of the Advisory Council in all matters pertaining to the interpretation and execution of the provisions of Sections 1, 2, 3, and 4 of this Article shall be submitted to the Executive Committee for final action. A report of the Executive Committee action shall be published in the Bulletin.
Action taken by the Hearing Body may be appealed to the Executive Committee of the Association by either the accused member or the Ethics Committee within thirty (30) days of the date notice of the decision of the Hearing Body is sent to the accused member. The Executive Committee shall have final authority whether to sustain or order a rehearing on the decision of the Hearing Body.
SECTION 6. Resignation
Resignation by the accused member from the Association, at any stage in the foregoing prescribed proceedings, shall automatically terminate the proceedings. Following resignation, the accused person so resigning shall not be eligible for reinstatement to membership under any circumstances in the future unless by unanimous vote of all members of the Executive Committee of the Association.
SECTION 7. Expulsion
Persons expelled from the Association under these proceedings shall thenceforth be ineligible for reinstatement to membership under any circumstances in the future unless by unanimous vote of all members of the Executive Committee of the Association.
SECTION 8. Alternative Procedure
Any member who pleads guilty to a misdemeanor involving moral turpitude or to any felony or who admits to the violation of any governmental statute, regulation, rule, or code of ethics relating to the practice of geology may be expelled from membership in the Association upon a majority vote of all members of the full 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 member membership in the Association upon a majority vote of the full all members of the Executive Committee of the Association. If such a conviction or finding is reversed on appeal or is the subject of an executive pardon, 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 full 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 expulsion of a member so pleading guilty or so admitting violation or 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 post office mailing address not less than thirty (30) days before said date, accompanied by 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, a copy of any applicable order of an appellate court or other appellate body, 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, 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 or testimony of witness witnesses are presented, shall consider said statements 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 the full all members of the Executive Committee of the Association.
SECTION 9. Authority
Subject to the provisions of these Bylaws, the Executive Committee shall have primary authority over matters of professional conduct and discipline. No member, committee, Division, Section, or Region of the Association shall initiate or conduct any investigation or hearing or impose any sanction concerning the professional conduct of an Association member or applicant for Association membership, except as expressly permitted by these Bylaws. Procedures adopted by the Executive Committee as authorized by Section 1 of this Article XI shall be in accordance with, and subject to, the provisions of these Bylaws.
SECTION 9 10. Definition
The term "member" as used in this Article XI shall refer to a member of the Association of any classification.
SECTION 11. Publication of Grievance Matters
The Executive Director of the Association shall cause to be published annually in the Bulletin or by other suitable means a summary of all grievance proceedings initiated, pending, or considered each year. The summary shall include, but not be limited to, the general type of complaint, the level of grievance procedure attained, and status or disposition of the case. Names of parties shall not be published, except that the name of any member expelled from the Association shall be published in said summary.