Richland Section ACS
Proposed 2020 Revisions to the Section Bylaws
The Richland Section bylaws were last certified in March 2014. The Committee on Constitution and Bylaws (C&B) recommends that bylaws be reviewed and updated every 7-10 years. Changes to the ACS Governing Documents were made most recently as of January 1, 2020, and there were a few changes that we should pay attention to in order to be consistent with them: e.g. "Objects" are now "Purposes", and some other "housekeeping items".
Therefore, the Executive Committee thought it wise to review and update the Richland Section bylaws in January 2020, so that they are in accordance with the ACSGovDocs and that our bylaws include provisions that we want and need, while being flexible enough to allow us to conduct our Section’s business and programs. We also added our two new Standing Committees – Government Affairs and Women Chemists, and tidied up descriptions of both Officer duties and Committee charters. The Richland Section Executive Committee has worked diligently with C&B and has approved the revisions. We are now asking for Richland Section members to vote on acceptance and adoption of the revised bylaws.
The following documents are to be used as reference when local section members submit a Yes/No vote to approve the new bylaws:
Bylaws of the Richland Section of the American Chemical Society
Bylaw I – Name
This organization shall be known as the Richland Section (hereinafter referred to as the "Section") of the AMERICAN CHEMICAL SOCIETY (hereinafter referred to as the "SOCIETY").
Bylaw II – Objects
Section 1. The objects of the Section shall be those of the SOCIETY as stated in the Charter and Constitution of the SOCIETY. The objects shall include: the encouragement and advancement of chemistry in the broadest manner possible; the increase and dissemination of chemical knowledge; the promotion of scientific interests and inquiry; the stimulation of professional interests; and the fostering of public welfare and education of its members.
Section 2. Nothing in these bylaws shall be inconsistent with the Charter, Constitution, and Bylaws of the SOCIETY.
Section 3. The Section is organized exclusively for charitable, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempty organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Bylaw III – Territory
The territory of the Section shall be that assigned to it by the SOCIETY.
Bylaw IV – Members and Affiliates
Section 1. The rolls of the Section shall include those members and affiliates of the SOCIETY residing within the territory of the Section, provided that any exceptions to this rule shall be made in conformity with the Constitution and Bylaws of the SOCIETY.
Section 2. The Section may have Local Section Affiliates as authorized in the Constitution and Bylaws of the SOCIETY. A Local Section Affiliate shall retain affiliate status only so long as payment is made of Local Section dues of not less than two dollars ($2.00) per annum.
Section 3. Members and affiliates shall have such rights and privileges as are accorded them by the Constitution and Bylaws of the SOCIETY.
Section 4. STUDENT MEMBERS may not hold an elective position of the Section or serve as Councilors, Alternate Councilors, or Temporary Substitute Councilors, but may serve in any other position within the Section including service as a Committee Chair of either standing or other committees.
Section 5. A Society Affiliate or Local Section Affiliate may not vote for or hold an elective position or vote on Articles of Incorporation or bylaws of the Section. A Society Affiliate may not serve as a voting member of the Executive Committee (i.e., Society Affiliates may be appointed as Committee Chairs and may serve on the Executive Committee in a non-voting capacity). A Local Section Affiliate may not serve as a member of the Executive Committee.
Bylaw V – Officers, Executive Committee, and Councilors
Section 1. The officers of the Section shall be MEMBERS of the SOCIETY and the Section and shall consist of the Chair, Chair-Elect, Secretary, and Treasurer. The offices of Secretary and Treasurer may be held by the same person.
Section 2. The Section shall have a Councilor(s) and an Alternate Councilor(s) as provided in the Constitution and Bylaws of the SOCIETY.
Section 3. The Executive Committee shall consist of the officers of the Section, the Immediate Past Chair, the Councilor(s), the Alternate Councilor(s), and the Chairs of all standing committees.
Section 4. 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, by these bylaws, and such other duties as may be assigned to them from time to time by the Executive Committee.
Section 5. The Executive Committee shall be the governing body of the Section, and, as such, shall have full power to conduct, manage, and direct the business and affairs of the Section in accordance with the Constitution and Bylaws of the SOCIETY and these bylaws.
Section 6. The Councilor(s) shall be the representative of the Section to the SOCIETY. The Councilor(s) shall attend meetings of the Section just prior to meeting of the Council or the SOCIETY to inform the Section and its members on upcoming Council issues and actions. The Councilor(s) shall also attend meetings of the Section immediately following a Council meeting of the SOCIETY to debrief the Section and its members on Council actions and the voting record of the Councilor. The Alternate Councilor(s) shall carry out the duties of the Councilor in the Councilor's absence or incapacity to serve.
Bylaw VI – Manner of Election and Terms of Office
Section 1. Officers, Councilor(s), and Alternate Councilor(s) shall be elected by a ballot of those eligible to vote. The candidate receiving the largest number of votes for each office shall be declared elected. In case of a tie vote, the Executive Committee, by ballot, shall elect from among the candidates who share the tie vote; the candidate receiving the largest number of votes shall be declared elected.
Section 2. In September of each year, the Nominating Committee shall report to the membership its nominations for each office to be filled. Prior to October 15, any member of the Section may, in writing or from the floor at a Section meeting, nominate additional candidates for office, if the nomination is seconded by another member. Nominations so made shall be equally valid as those from the Nominating Committee. All candidates nominated shall have indicated willingness to serve if elected.
Section 3. The candidates for each office shall be listed in an order to be selected by lot on a ballot to be distributed to each member of the Section by November 1. A paper ballot will be mailed to any member who does not have access to electronic balloting.
Section 4. The tabulation of ballots will be completed no later than November 20. The results of the election of officers, Councilor, and Alternate Councilor shall be tabulated by the Nominating Committee. The results shall be announced by the Chair via established Section communications protocols. The results shall also be certified to the Executive Director of the SOCIETY, by December 1 in accordance with the Bylaws of the SOCIETY.
Section 5. In accordance with the SOCIETY's Bylaws, balloting procedures should ensure fair balloting that is open to all eligible members, protection against fraudulent balloting, and the timely reporting and archiving of balloting results.
Section 6. The officers of the Section shall hold office for one year, or until their successors qualify. Upon completion of the Chair's term of office, the Chair-Elect shall succeed to the office of Chair. The Chair shall succeed to the position of Immediate Past Chair. Councilor(s) and Alternate Councilor(s) shall be elected for a term of three years beginning on January 1.
Section 7. In the event of a vacancy in the office of Chair, the Chair-Elect shall assume the added duties of the Chair for the unexpired term. If a vacancy shall occur in the office of Secretary or Treasurer, the Chair may make an interim appointment to fill those offices, with the appointment expiring at the end of the elected term for those offices. A vacancy in the office of Councilor or Alternate Councilor shall be filled by the Executive Committee from among the MEMBERS by interim appointment for the period up to the next annual election, at which time the Section shall elect a MEMBER to complete the unexpired term, if any, for those offices. An interim appointee to the vacated office of Chair-Elect shall not automatically succeed to the office of Chair. At the next election, both a Chair and a Chair-Elect shall be elected.
Bylaw VII – Recall of Elected Officials
Section 1. The elected officials of the Section are subject to recall for neglect of duties or conduct injurious to the SOCIETY. Recall procedures are not applicable to Councilors and Alternate Councilors elected by Local Sections.
Section 2. The recall of an official shall be initiated when a signed petition, indicating in writing the specific charges and reasonable substantiating evidence is submitted to the Chair from at least five voting members of the Section. In the event the Chair is the official in question, the Chair-Elect shall receive the petition and shall assume the duties of the Office of Chair with respect to this issue until the issue is resolved.
Section 3. The Chair shall, without delay, determine that the petitioners are aware of the gravity of their actions and the procedures to be followed. The Chair shall seek an alternate resolution to the problem and a withdrawal of the petition at this time. In the absence of a resolution to the problem, the Chair shall notify the members of the Executive Committee and call a special meeting within thirty days.
Section 4. The vacancy provisions of these bylaws shall be used to fill a vacancy caused by a recall process. The membership of the Section and the Executive Director of the SOCIETY shall be informed of the results of the recall process and the replacement of the official.
Bylaw VIII – Committees
Section 1. The standing committees are permanent committees of the Executive Committee, and are as follows: Program, Membership, Nominations, Awards, Public Relations, Education and Diversity and Inclusion..
Section 2. The standing committees are not to be fixed in the number of members, but shall consist of the chair of the committee, the Chair of the Section, and such members as are needed. The Chair of the Section appoints the committee chairs. Committee chairs selectadditional members of their respective committees in consultation with and approval from the Section Chair. These appointments shall expire on December 31 of each year.
Section 3. Chairs of standing committees are voting members of the Executive Committee. Chairs of other committees are not members of the Executive Committee.
Section 4. Other committees may be organized from time to time, but shall expire and cease operations on December 31 of each year. a. Bylaws Committee. The Bylaws Committee shall be appointed and review the bylaws at least every four years and propose such amendments as are considered necessary to increase the effectiveness of the Section in carrying out its objectives. The committee shall review proposed amendments and advise the Executive Committee on the desirability of such amendments.
Bylaw IX – Meetings
Section 1. The Section shall hold regular meetings at places and times designated by the Executive Committee.
Section 2. The Section may have special business meetings upon the written request of a majority of the Executive Committee or upon the written request of 15 members of the Section. Such request shall be in the hands of the Secretary at least ten days before the date requested for the meeting and shall state the exact nature of the business intended to be transacted. No other business shall transpire at such meetings.
Section 3. Due notice of all meetings shall be sent to each member and affiliate of the Section. A quorum for transaction of business at a Section meeting shall consist of at least 10 members of the Section. No business shall be conducted in the absence of a quorum.
Section 4. The Executive Committee shall meet upon due notice to its members at the call of the Chair or at the request of a majority of the members of the Executive Committee. In the absence of a quorum, which shall be a majority of the members of the Executive Committee, called meetings of the Executive Committee shall adjourn to a later date.
Section 5. The most recent edition of Robert's Rules of Order Newly Revised shall be the parliamentary authority for all matters not covered in these bylaws or in the SOCIETY's documents.
Bylaw X – Finances
Section 1. The Section may receive donations or bequests made to it, and may expend or invest the same on behalf of the Section. Such expenditures or investments shall be made by the Treasurer of the Section upon authorization by the Executive Committee.
Section 2. The Section may raise or collect funds to be expended for local purposes, and may have the entire management and control of such funds insofar as such management and control shall not conflict with any provision of these bylaws or with the Constitution or Bylaws of the SOCIETY.
Section 3. The Executive Committee shall have the authority to assess dues or voluntary contributions as provided in the SOCIETY's Constitution and Bylaws for the various categories of membership.
Bylaw XI – Amendments
Section 1. A petition to amend the bylaws may be initiated by the Executive Committee, or by petition signed by at least 15 members or three percent of the members of the Section, whichever is larger. If the proposed amendment is approved by the Executive Committee, it shall, if practical, be submitted to the SOCIETY's Committee on Constitution and Bylaws for review. After any required changes are incorporated, and any recommended changes reviewed and accepted or rejected by the Executive Committee or a majority of the petitioners, the Secretary shall distribute the amendment(s) to each member of the Section when notice of a ballot on the amendment, is provided.
Section 2. If a proposed amendment is not approved by a majority of the Executive Committee, and if the petition is signed by at least 15 members or three percent of the members of the Section, whichever is larger, it shall, if practical, be submitted to Committee on Constitution and Bylaws (C&B) for review before being submitted to the membership of the Section. After any required changes are incorporated, and any recommended changes reviewed and accepted or rejected by a majority of the petitioners, the Secretary shall distribute the amendment(s) to each member of the Section when notice of a ballot on the amendment is provided.
Section 3. Following announcement of the proposed amendment at a meeting of the Section and provided that due notice of the impending vote is given, the amendment will be adopted if it receives an affirmative vote by two-thirds (2/3) of the members.
Section 4. The Secretary shall distribute the outcome of the vote regarding the amendment(s) to the Section members and within one month, shall meet all requirements for submitting the results to the Committee on Constitution and Bylaws (C&B).
Section 5. Amendments to these bylaws, after adoption by the Section, shall become effective upon approval by the Committee on Constitution and Bylaws (C&B), acting for the Council of the SOCIETY, unless a later date is specified.
Bylaw XII – Indemnification
To the extent permitted by applicable law, this Section shall defend and/or indemnify any and all Persons acting on behalf of the Section in an official capacity against any and all legal actions brought by or on behalf of a third party. Such Persons shall include any and all Trustees, Directors, Officers, Committee Members, Employees, Volunteers, and agents of the Section. As used herein, the term Person also shall include that Person's heirs and personal representatives. Legal Actions shall include civil suits, administrative proceedings, and/or threats of civil suits or administrative proceedings. This provision shall not apply to any legal action brought against the Person, as defined above, if that legal action is initiated by the SOCIETY or this Section, for claims against the Person for misconduct in the performance of duties for the SOCIETY or the Section. The forgoing rights of indemnification shall be in addition to any other right to which any Person seeking indemnification may be or become entitled to by law, vote of members or disinterested Trustees of the Section, or otherwise.
Bylaw XIII – Dissolution of the Local Section
Upon the dissolution of the Local Section, any assets of the Section remaining thereafter shall be conveyed to such organization then existent, within or without the territory of the Local Section, as is dedicated to the perpetuation of objects similar to those of the AMERICAN CHEMICAL SOCIETY, or to the AMERICAN CHEMICAL SOCIETY, so long as whichever organization is selected by the governing body of the Local Section at the time of dissolution shall be exempt under Section 501(c)(3) of the Internal Revenue Code of 1954 as amended or under such successor provision of the Code as may be in effect at the time of the Section's dissolution.