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Archiver > APG > 2007-12 > 1196889888


From: Katherine Flynn <>
Subject: Re: [APG] Ethical Membership
Date: Wed, 5 Dec 2007 13:24:48 -0800 (PST)
In-Reply-To: <200712051730.lB5HTlBc012387@mail.rootsweb.com>


Dear Colleagues,

I find myself reflecting on Melinde's posting by dividing the issue into two parts:

1. What ARE the By-Laws for the APG?

2. For the HYPOTHETICAL cases outlined: were the By-Laws followed?

It is important to know whether the By-Laws are not being followed OR whether some members believe the By-Laws should be amended.

The By-Laws are at:
http://www.apgen.org/organization/bylaws/index.html

I have not had enough time to sufficiently take them all in but on first pass I see little or no requirements for broad involvement of the entire membership in many of the association's processes. Indeed, very broad and open-ended responsibilities are placed with the Executive Committee. I am NOT saying if this is good or bad - just trying to decide for myself whether I think this is #1 or #2 as outlined above.

I did consider one of the hypothetical examples -

"Is it proper for a member of my Chapter who has participated materially and constructively in APG to be accused, tried, convicted, and suspended in absentia behind closed
doors?"

I am assuming this action was taken under the following Article XI:

"ARTICLE XI. DISCIPLINARY PROCEDURE
The Association shall have the power to withdraw the membership of any member for a serious violation of the Association's Code, or for conduct prejudicial to the best interests of the Association, provided that any member so charged has had the opportunity to defend himself before the Executive Committee. Written charges with specifications must be filed with the Executive Director. Should the charges be sustained, the Executive Committee may by a majority vote expel the defendant from membership in the Association from one to five years. An appeal may be made to the Board of Directors. A majority vote of the Board of Directors is needed to confirm the Executive Committee's action. "

As far as I comprehend from this article this whole process is indeed supposed to take place "behind closed doors." The article sets out a requirement that the accused be allowed to defend themselves but it does not specify that this be in person or even in writing. An appeal is possible but a simple majority vote is all that is needed to close the proceedings. So exactly what part of this article in the hypothetical case was not followed? That being said, this article is definitely lacking in details as to the procedure to be followed and places no time-lines or communication form requirements on this process. It most certainly does not specify that the accused be present at the actual decision proceedings.

In conclusion, I would like to ask that discussions going forward have a definite objective outlined: a by-law change OR a complaint that an existing article of the by-laws was not followed.

If the by-laws need to be changed then exactly which articles with what new text?

I assume we can, as members, avail ourselves of our rights under Article XIII:

"ARTICLE XIII. AMENDMENT OF BYLAWS
Two-thirds (2/3) of the Board of Trustees or thirty (30) members of the Association in good standing, may submit proposed amendments to the Association. The vote shall be taken by ballot mailed to all members of the Association in good standing. An amendment shall be adopted by a two-thirds (2/3) vote of those voting. "


I thank Melinde for drawing my attention to the By-Laws of the APG. I look forward to reading them carefully.

Most sincerely,
Kathy Flynn

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