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When it meets next month in Boston, the ACS Council will act on two petitions to amend the society's bylaws; hear reports of various committees; and elect members of the Committee on Committees, Council Policy Committee, and Committee on Nominations & Elections. One petition would increase the limit on the number of councilors who can serve on society committees from between nine and 15 to between 12 and 20. Committees affected would be the Committees on Budget & Finance and on Education. If the petition is adopted in Boston, the amendment would go into effect upon confirmation by the board of directors and affect appointments made thereafter. Petitioners believe that by increasing the size of committees, they can increase councilor involvement in the governance of ACS. The other petition up for action would allow non-U.S. residents to become society affiliates. Currently, only residents of the U.S. or its territories can be society affiliates. Following are the text and associated reports of the petitions scheduled for action at the ACS Council meeting in Boston. The meeting will be held on Wednesday, Aug. 21, beginning at 8 AM in the Sheraton Boston.
Petition To Increase the Size of Society Committees We, the undersigned councilors, hereby request that Bylaw III, Sec. 3,e,(7) be amended as follows (additions italicized; deletions in brackets): BYLAW III, Sec. 3,e,(7) Each Society Committee shall consist of not fewer than [nine] twelve and not more than [fifteen] twenty members. EXPLANATION At its April 2001 meeting, ACS Council approved a similar increase in the composition of the standing committees of the council. At that time, Ernest L. Eliel, a past president of the society, recommended on the council floor to make similar changes in the size of all committees. The size of other council committees and other joint board-council committees is not set in the bylaws; therefore, they can be easily changed by a simple council action at the council meeting. The bylaws only need to be changed for the two society committees--Budget & Finance and Education--to make the committee structure uniform. Since the bylaw amendment at the San Diego meeting not only was supported by the Committee on Committees and the Council Policy Committee but also passed unanimously without a dissent, petitioners request urgent action as the simplest and best approach to reach this goal. SIGNED: Joseph M. Antonucci, G. Bryan Balazs, Christopher J. Bannochie, Valerie L. Barrett, Elise A. Brown, Warren V. Bush, H. N. Cheng, D. Richard Cobb, Carol A. de Boer, Warren D. Hull Jr., Sandra I. Lamb, Barbara L. Lences, Anne R. Leslie, N. Bhushan Mandava, Alan C. Nixon, Attila E. Pavlath, Stephen T. Quigley, James H. Reynolds, Nina M. Roscher, John M. Ruth, Walter O. Seigl, Paul H. Terry, Kent J. Voorhees, Marinda P. Li Wu, Wallace H. Yokoyama This petition has been referred to the Committee on Committees (committee having primary substantive responsibility), the Committee on Budget & Finance, the Committee on Education, and the Committee on Constitution & Bylaws. FINAL STATEMENT OF FINANCIAL IMPACT The Budget & Finance Subcommittee on the Financial Impact of Constitution & Bylaw Changes has examined this petition and finds that it will have a minor negative impact on the finances of the society (up to $100,000). FINAL REPORT OF THE COMMITTEE ON CONSTITUTION & BYLAWS The Committee on Constitution & Bylaws has examined the petition and finds it to be legal and consistent with other provisions of the society's documents. The intent of the petitioners is to increase the number of seats on the society committees so that they would be of similar size to the standing committees of council. As an item of information, the text immediately following the text change requested by the petitioners reads as follows: "(8) Appointees shall be selected such that at the time of appointment the Chair and at least two-thirds of each Society Committee are qualified voting Councilors." A two-thirds vote of council is required for adoption of amendments to the bylaws. If adopted by council, the amendments will become effective upon confirmation by the board of directors. Charles E. Thomas, chair
Petition for Approval of Non-U.S. Applicants as Society Affiliates We, the undersigned councilors of the American Chemical Society, hereby petition to amend the constitution and bylaws as follows (additions italicized; deletions in brackets): ARTICLE V Affiliates and Associates Sec. 3 A [citizen or resident of the United States and its territories] person who is not eligible to be a member of the SOCIETY may become a [National] Society Affiliate of the SOCIETY, hereinafter referred to as a "Society Affiliate," as provided in the Bylaws. Sec. 4 A person who is neither a member nor a [National] Society Affiliate [of the SOCIETY] may become an affiliate of either a Local Section or Division of the SOCIETY as provided in the Bylaws. Sec. 5 Neither [National] Society Affiliates nor Student Affiliates nor Corporation Associates nor affiliates of a Local Section or Division shall be or represent themselves as members of the SOCIETY. BYLAW II Affiliates and Associates Sec. 5 a. A person who is not eligible to be a member of the SOCIETY but whose major vocational effort is directly concerned with the practice of a chemical science may become a [National] Society Affiliate of the SOCIETY, hereinafter referred to as a "Society Affiliate," subject to the following conditions and limitations: (1) Such affiliation may be accorded by the Admissions Committee of the SOCIETY after application and recommendation by signature of two members of the SOCIETY in good standing. (2) A [National] Society Affiliate shall retain affiliate status only so long as payment is made of [National] Society Affiliate dues, which shall be 3/4 of the member dues, rounded to the nearest dollar. b. [National] Society Affiliates shall have the following privileges: (1) [National] Society Affiliates shall receive the official organ of the SOCIETY and may subscribe to SOCIETY publications at the same rates as members. (2) [National] Society Affiliates shall be allowed to register and attend meetings (including regional meetings) of the SOCIETY at the same rates as members, and they shall be allowed to use all educational services of the SOCIETY at the same rates as members. [(3) National Affiliates shall be eligible to participate in those insurance programs deemed appropriate by the Board of Trustees, Group Insurance Plans for ACS Members.] (3) [National] Society Affiliates shall be assigned to an appropriate Local Section in the same manner as members as shown in Constitution, Article XII and Bylaw VII, Sec. 4, 5, and 6. [National] Society Affiliates may be assessed Local Section dues in the amount specified for [National] Society Affiliates by the bylaws of that Section. In Local Sections, [National] Society Affiliates may be appointed as Committee Chairs, if allowed by the Local Section bylaws, but may not vote for or hold an elective position of the Local Section, vote on articles of incorporation and bylaws of the Local Section, or serve as a voting member of its Executive Committee or equivalent policy-making body. (4) [National] Society Affiliates may become [National] Society Affiliates of any Division unless specifically prohibited by the bylaws of the Division and shall be subject to such dues as are specified by the bylaws of that Division for [National] Society Affiliates. In Divisions, [National] Society Affiliates may be appointed as Committee Chairs, if allowed by the bylaws of the Division, but may not vote for or hold an elective position of the Division, vote on articles of incorporation and bylaws of the Division, or serve as a voting member of its Executive Committee or equivalent policy-making body. c. [National] Society Affiliates shall have no vote in the national affairs of the SOCIETY and shall not be eligible for any elective office in the SOCIETY. [A National] Society Affiliates shall be entitled [only] to those privileges of the SOCIETY, which are herein specified. Sec. 7 A [National] Society Affiliate, Student Affiliate, Local Section Affiliate, Division Affiliate, or Corporation Associate may be dropped for good and sufficient reasons. BYLAW VII Sec. 8 b. Each Local Section shall receive an additional allotment based on the sum as of December 31 of the second preceding year of the number of its members and the number of [National] Society Affiliates assigned to it, in accordance with the following schedule: For 1986, $3.00 per member and [National] Society Affiliate for the first 2,000; $2.00 per member and [National] Society Affiliate for all those over 2,000. For 1987 and each succeeding year, the per capita allotment shall be calculated by multiplying the value of the per capita allotment established for the preceding year by the same factor as that used to calculate national dues, with amounts rounded to the nearest cent. The additional allotment, to be added to the basic allotment, shall be rounded to the nearest dollar. Sec. 9 b. To encourage membership recruitment at the Local Section level, the SOCIETY shall award allotments to the Local Section for new or reinstated members and new or reinstated [National] Society Affiliates [of the SOCIETY] who were admitted as a result of Local Section effort. The size of the allotments and the conditions and requirements for the allotments shall be established by the Council upon recommendation by the Committee on Membership Affairs. Such allotments shall be distributed to the Local Sections annually. Sec. 11 b. By April 1 of each year, the Executive Director shall furnish to each Local Section the names of its members and [National] Society Affiliates and a count of members and [National] Society Affiliates on which allocation of funds will be made. BYLAW VIII Sec. 3 b. To encourage membership recruitment at the Division level, the SOCIETY shall award allotments to the Division for new or reinstated members and new or reinstated [National] Society Affiliates [of the SOCIETY] who were admitted as a result of Division effort. The size of the allotments and the conditions and requirements for the allotments shall be established by the Council upon recommendation by the Committee on Membership Affairs. Such allotments shall be distributed to the Division annually. Sec. 6 b. Each Division shall receive an additional yearly allotment based on the total number, as of December 31 of the second preceding year, of paid members of the Division and of paid [National] Society Affiliates. In 1993, this additional annual allotment shall be calculated by multiplying the foregoing sum by $1.00. For 1994 and each succeeding year, the per capita allotment shall be calculated by multiplying the value of the per capita allotment established for the preceding year by the same factor as that used to calculate national dues, with amounts rounded to the nearest cent. The additional allotment, to be added to the basic allotment, shall be rounded to the nearest dollar. Sec. 7 b. By April 1 of each year, the Secretary of each Division shall send to the Executive Director of the SOCIETY a complete list of the members and [National] Society Affiliates of that Division for checking and verification. BYLAW XII Sec. 3 a. For 1986, the base rate upon which membership dues shall be calculated shall be $69. For each succeeding year the base rate shall be the dues established for the previous year. For 1986 and each succeeding year, an amount shall be calculated by multiplying the base rate by a factor which is the ratio of the revised Consumer Price Index for Urban Wage Earners and Clerical Workers (Service Category) for the second year previous to the dues year to the value of the index for the third year previous to the dues year, as published by the United States Department of Labor, with fractional dollar amounts rounded to the nearest whole dollar. At its spring meeting, the Council may set the dues for the succeeding year at that calculated amount or at the amount of the previous year's dues or at some intermediate whole dollar amount. Should the Council not act, the dues shall become the rounded calculated amount. The membership dues so determined shall be announced to the membership by the Treasurer of the SOCIETY in the official organ of the SOCIETY six months before the effective date of each change. In addition to the dues so determined, members and Society Affiliates residing outside the United States shall pay a surcharge to reflect additional mailing costs incurred by the SOCIETY in providing delivery of the official organ of the SOCIETY. The method of setting this surcharge shall be defined in SOCIETY Regulations. The surcharge shall not be subject to the dues discounts provided elsewhere in these Bylaws. An allocation from dues revenue shall cover the printing and distribution cost of copies for all members and [National] Society Affiliates of the editorial portion of the official organ of the SOCIETY. The allocation shall be fixed by the Board of Directors, on recommendation of the Society Committee on Budget and Finance. The Board shall report the amount of the allocation through the Society Committee on Budget & Finance at the next Council meeting. The subscription term for the official organ shall correspond to the membership period. EXPLANATION The committee was presented with the issue to allow non-U.S. applicants to affiliate with the ACS. This action will support the ACS Strategic Plan for 2001–03 to become more global. At the present, only residents of the U.S. and its territories are eligible to be national affiliates. SIGNED: John E. Adams, R. Gerald Bass, W. Edward Billups, Michael J. Brownfield, Douglas A. Coe, Paul S. Cohen, Frederick L. Downs, Donna G. Friedman, Donald K. Harriss, Edwin L. Kugler, Robert W. Morrison Jr., Connie J. Murphy, Joseph R. Peterson, Paul D. Schettler Jr., Steven M. Schildcrout, James Schreck, Walter O. Siegl, Belinda K. Taylor, Paul H. Terry, Jane V. Thomas, Mary E. Thompson, James Visintainer This petition has been referred to the Committee on Membership Affairs (committee having primary substantive responsibility), the Council Policy Committee, the Society Committee on Budget & Finance, and the Committee on Constitution & Bylaws. FINAL STATEMENT OF FINANCIAL IMPACT The Budget & Finance Subcommittee on the Financial Impact of Constitution & Bylaw Changes has examined this petition and finds that it will have a minor negative impact on the finances of the society (up to $100,000). FINAL REPORT OF THE COMMITTEE ON CONSTITUTION & BYLAWS The Committee on Constitution & Bylaws has prepared a revised version of the petition. The substance of the petition and the intent of petitioners are maintained. The committee has examined the petition and finds it to be legal and consistent with other provisions of the society's documents. The petition required some minor editorial changes to improve the clarity of the petition and make it consistent with the society's constitution, bylaws, and regulations. Specifically, the petition was expanded to include all occurrences of "National Affiliate of the SOCIETY" and replaced with "Society Affiliate." This recommendation is made in order to avoid the redundant wording "Society Affiliate of the Society." A two-thirds vote of council is required for adoption of amendments to the bylaws. If adopted by council, the amendments will become effective upon confirmation by the board of directors. For constitutional amendments, a majority affirmative vote of the council is required to adopt the change. If adopted, the constitutional amendment will become effective when ratified by the membership. Charles E. Thomas, chair |
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