Mid-Hudson ACS Section - Bylaw Amendments

Below are the amended section bylaws that are being modified to allow electronic balloting starting in 2006. The changes will be approved by the National ACS elections committee and also need to be ratified by the section membership in the upcoming ballot.

Note: Bold Underlined represents added items, and stricken text represents text to be removed.

This organization shall be known as the Mid-Hudson Section of the AMERICAN CHEMICAL SOCIETY and is hereinafter referred to as “the Section,” and the AMERICAN CHEMICAL SOCIETY is hereinafter referred to as “the SOCIETY.”

Section 1. The object of the Section is the encouragement and advancement of the science and profession of chemistry in all its branches. Through its meetings, reports, papers, discussions, and publications, and by providing an opportunity for professional and social contacts among its members, it shall endeavor to promote scientific and professional interests and inquiry.

Section 2. Nothing stated or implied in these bylaws shall conflict with the Constitution and Bylaws of the SOCIETY.

The territory of the Section shall be that assigned to it by the SOCIETY. ~~The headquarters of the Section shall be at Beacon,~~ ~~New York~~ .

Section 1. The rolls of the Section shall include those ~~MEMBERS, ASSOCIATE MEMBERS,~~ members and National Affiliates of the SOCIETY residing within the territory of the Section provided that exceptions to this rule shall be in conformity with the Constitution and Bylaws of the SOCIETY.

Section 2. The Section may have Local Section Affiliates as authorized by the Constitution and Bylaws of the SOCIETY.

Section 3. ~~MEMBERS, ASSOCIATE MEMBERS,~~ Members, National Affiliates and Local Section Affiliates shall have such rights and privileges as are accorded them by the Constitution and Bylaws of the SOCIETY. National Affiliates and Local Section Affiliates may not vote for or hold an elective position of the Section, vote on articles of incorporation and bylaws of the Section, or serve as voting members of the Executive Committee. National Affiliates may be appointed as committee chairs by the Chair of the Section.

Section 1. The officers of the Section shall be a Chair, a Chair-Elect, a Secretary, and a Treasurer. No member may hold more than one elective position at any one time.

Section 2. The Chair-Elect, the Secretary, and the Treasurer shall be elected annually by a ~~mail~~ ballot distributed to all of the members of the Section for a term of one year beginning January 1, and they shall serve until their successors are duly elected and installed. On January 1, the member who has just completed the term as Chair-Elect shall succeed to the position of Chair for the following year.

Section 3. The Section shall have Councilors and Alternate Councilors as established by the Constitution and Bylaws of the SOCIETY. They shall be elected from among the ~~MEMBERS~~ members by a ~~mail~~ ballot distributed to all of the members of the Section for a term of three years and shall assume office on January 1 following their election. In event the Section is entitled to more than one Councilor, they shall be elected in such a manner that their terms of office are staggered. There shall be an Alternate Councilor for each Councilor.

Section 4. There shall be three Members-at-Large, one being elected by a ~~mail~~ ballot distributed to all of the members of the Section each year to serve for a term of three years.

Section 5. Any vacancy in the Executive Committee is to be filled by appointment by the Chair until the next election. At that time, the vacancy is to be filled by election for the remainder of the unexpired term. In the event of a vacancy in the office of Chair, the Chair-Elect shall assume these added duties for the balance of the unexpired term. He shall then fill the office of Chair for the term for which he was originally elected. A vacancy in the office of Chair-Elect may remain unfilled for the balance of the term or may be filled by an interim appointment, at the option of the Executive Committee. The position of Chair can only be filled by normal succession of an elected Chair-Elect or by direct election following the procedures specified elsewhere in these bylaws (if an elected Chair-Elect is unable to succeed the Chair).

If the office of Councilor becomes vacant, the Alternate Councilor shall become the Councilor until the next election. If the office of Alternate Councilor becomes vacant, an Alternate Councilor may be appointed from among the ~~MEMBERS~~ members by the Executive Committee until the next election. Only ~~MEMBERS~~ members can serve as Councilor or Alternate Councilor.

Section 6. ~~A notice shall be mailed to members which announces~~ Members shall be notified (1) of the intent to hold an election, (2) the position candidates are sought for, (3) the names and phone numbers of the Nominating Committee and the date they will submit a slate of candidates, and (4) the correct procedure for submitting nominations by petition following the procedures specified elsewhere in these bylaws. This notice should be given on or before September 2. Each year the Nominating Committee shall obtain ~~not less than~~ up to two candidates for each elective position to be filled for the following year. Each nominee shall be determined to be willing to serve if elected. This list of nominees shall be presented to the Secretary of the Section by September 21. Nominations by petition must be submitted to the Secretary of the Section by October 7. The Executive Committee shall meet on or before October 14 to vote on accepting the entire list of nominees. A nominee may be rejected by the Executive Committee only on the basis of ineligibility or unwillingness to serve. The Secretary, or other designated officer of the Section, shall prepare an election ballot on which shall appear the names, in order chosen by lot, of all candidates nominated for a particular office. The Secretary of the Section shall send each member of the Section a list of candidates for each elective position together with a secret ballot procedure (see Bylaw V, Section 9) and biographies and statements for all the candidates submitting these to the Secretary by October 7 on or before November 10. ~~by first class~~

~~U.S.~~

~~mail or other rapid delivery service~~. Members shall sign their names on an outside envelope and the ballots shall be enclosed in an inner unmarked envelope which the voters shall seal. All ballots cast must be ~~returned by mail~~ submitted to the Section Secretary to be received no later than ~~November 24~~ four weeks after ballot distribution.

Section 7. ~~The Secretary shall deliver, unopened, to the Tellers Committee all ballots received by November 24.~~ The Tellers Committee shall count the ballots ~~thus~~ received and verify eligibility of all those voting ~~(using list of members provided by the Secretary)~~ according to policies established by the SOCIETY. Any ballot ~~envelope~~ not so validated shall be rejected. The Tellers Committee shall then separate the outer signed envelopes from the inner sealed ballot envelopes. The Tellers Committee shall then proceed to open the inner sealed ballot envelopes and to count the ballots to determine the successful candidate for each position, who shall be that candidate receiving the largest number of votes cast for that position determine the successful candidates according to these bylaws. The Chair of the Tellers Committee shall then report in writing to the Secretary of the Section the number of ballots cast in the election as well as the number cast for each candidate for each position and the names of the members of his Tellers Committee. In the event of a tie vote, a ~~written~~ ballot of the Executive Committee shall decide the successful candidate. The results of the balloting shall be announced to the members at the next regular meeting of the Section; ~~and~~ shall be published in the Mid-Hudson Section Publication, the Mid-Hudson Chemist; and be announced in the same manner as the ballots were distributed. The Secretary shall promptly notify the Executive Director of the SOCIETY of the results of the election, and this must be done ~~by December 1~~ no later than six weeks after distribution of the ballots.

Section 8. A member of the Section may be nominated for elective position by petition, signed by at least 2% of the members of the Section, as of September 1 of that year. ~~His~~The petition candidate's name will be placed in order determined by lot on the annual ballot, together with the names of those candidates selected by the Nominating Committee. Petitions should be submitted to the Secretary of the Section by October 7.

Section 9. For all balloting the SOCIETY shall establish procedures that meet the requirements of (1) fair balloting that is open to all eligible members of the Section, (2) anonymity, (3) protection against fraudulent balloting, (4) ballot archiving, and (5) the timely reporting and archiving of balloting results. The Mid-Hudson Section will follow these procedures.

Section 10. When there are two candidates, a single choice ballot shall be used; the candidate receiving the greater number of votes shall be declared elected.

When there are three candidates, a preferential ballot shall be used. The ballot shall afford the voter an opportunity to indicate a first and a second choice. If one candidate receives a majority of first choices, that candidate shall be declared elected. If no candidate receives such a majority, the candidate receiving the lowest number of first choices shall be eliminated and the second choice preferences on those ballots so eliminated shall be added to the first choice totals of the other two candidates to establish a majority for one candidate who shall then be declared elected. Ballots of the eliminated candidate that have not indicated a second choice shall be void in the second count.

When there are four or more candidates, a single choice ballot shall be used. In the event that no candidate receives a majority of the votes cast, a run-off election, conducted in the same manner as the first election, shall be held between the two leading candidates. Such runoff elections will be completed within four weeks of the second ballot distribution.

Section 1. The duties of the officers shall be such as usually pertain to their offices, together with those required by the Constitution and Bylaws of the SOCIETY, and such other duties as may be given them from time to time by the Executive Committee.

Section 2. The Treasurer shall be bonded in a suitable manner as provided by the Executive Committee.

Section 3. The Treasurer shall receive and deposit all funds paid to the Section in the name of the Section, and shall disburse funds of the Section upon vouchers approved by the Chair.

Section 4. The duties of Members-at-Large shall include bringing before the Executive Committee such items of concern to members of the Section as shall have been brought to their attention, as well as to have a working knowledge of the national Bylaws and Local Section bylaws, so that they may act as counsel to the Executive Committee.

Section 1. There shall be an Executive Committee and such other committees as may be necessary for the proper conduct of the affairs of the Section.

Section 2. The Executive Committee shall consist of the officers of the Section, the Councilors and Alternate Councilors, the three Members-at-Large, and the Immediate Past Chair. If the Immediate Past Chair is not available to serve, the position shall remain vacant. The Executive Committee shall have charge of the affairs, funds, and property of the Section and all other matters not otherwise provided for in these bylaws.

Section 3. The Chair of the Section shall serve as the Chair of the Executive Committee and shall appoint members to all committees except the Executive Committee.

Section 4. The Nominating and Tellers Committees shall each consist of three members of the Section who are not candidates for office and who do not hold elective positions with the exception of the ex officio membership of the Chair of the Section on the Nominating Committee. They shall serve for three years and one new member shall be appointed each year. The senior member of the Committee shall be Chair. The Chair of the Section may serve as an ex officio member of the Nominating Committee. A quorum for the Nominating and Tellers Committees shall consist of two members of those committees.

Section 5. New committees may be established by the Executive Committee as the need for them arises.

Section 1. The Section shall meet regularly upon due notice at such times and places as may suit its convenience, provided that at least four meetings shall be held each year.

Section 2. The Section shall have special meetings upon the request of a majority of the Executive Committee or upon the request of 25 members of the Section. The calls for the special meetings shall recite the exact nature of the business intended to be transacted and no other business shall be conducted at such meetings.

Section 3. A quorum for regular and special business meetings of the Section shall consist of ten percent of the members of the Section. In the absence of a quorum, no business shall be conducted.

Section 4. The Executive Committee shall meet upon due notice at such times and places as may suit its convenience, upon call of the Chair, or upon request of a majority of its members.

Section 5. A quorum for an Executive Committee meeting shall consist of a majority of the members of the Committee. In the absence of a quorum, the meeting shall adjourn to a date.

Section 6. At regular meetings of the Executive Committee, the order of business shall be as follows:

Section 7. For regular Section meetings, the reading of papers or any other nonbusiness may be conducted even in the absence of a quorum as determined by the Chair or his designee.

Section 8. The parliamentary procedure for all Section meetings, unless otherwise provided for in these bylaws, shall follow “Robert’s Rules of Order.”

Section 1. All assigned National Affiliates and members of the Section, except those members of the SOCIETY with emeritus status, may annually be assessed such local dues as the Section itself may determine by a two-thirds vote of the members of the Section voting.

Section 2. The annual dues of Local Section Affiliates shall be set by the Executive Committee, but shall not be less than the minimum amount provided for in the Constitution and Bylaws of the SOCIETY. Failure to pay such dues in advance of January 1 shall terminate the affiliation.

Section 3. The raising and collecting of funds other than dues may be provided for by suitable resolution adopted at a regular or special meeting of the Section by a majority vote of the members and affiliates present, subject to the provisions of the Constitution and Bylaws of the SOCIETY.

Section 4. Donations or bequests of funds or property may be accepted by suitable resolution adopted at a regular or special meeting of the Section by a majority vote of the members and affiliates present, subject to the provisions of the Constitution and Bylaws of the SOCIETY.

The Section may be affiliated with other technical and/or professional societies in accordance with the provisions in the Constitution and Bylaws of the SOCIETY.

Upon dissolution of the Section and the discharge of its debts and the settlement of its affairs, any funds and property of the Section remaining thereafter shall be used for the advancement of chemistry in the area covered by the Section. In the event that this procedure is not practicable or there still remain unexpended funds, such funds shall be conveyed to the SOCIETY for the general purposes of the SOCIETY.

a. The proposed amendment shall have been first submitted in writing to the Executive Committee. If the amendment is approved by a majority of the Committee, it shall then be presented to the Section for vote as provided for in these bylaws. If the proposed amendment is not approved by a majority of the Committee, it shall still be presented to the Section for vote if re-submitted to the Committee with a written request to that effect, signed by not less than twenty-five members of the Section.

b. A return ~~letter~~ ballot inclusive of suitable explanation of the proposed changes shall have been sent by the Secretary to all members of the Section, and 20 days thereafter the Secretary shall close the voting and count all valid ballots received. An affirmative vote of two-thirds of all members who vote on the proposed amendment shall be required for approval.

Section 2. The Secretary shall immediately notify the Executive Director of the SOCIETY of these changes and shall submit a copy of the new amendments. He shall also make a suitable report of the balloting at the next regular meeting of the Section.

Section 3. Such amendments shall become effective upon adoption by the Section and approval by the Council of the SOCIETY, unless a later date has been specified.

*Effective June 7, 1984 . Approved, as amended, by the Committee on Constitution and Bylaws, acting for the Council of the AMERICAN CHEMICAL SOCIETY.

Back to Mid-Hudson Section homepage