Members Discussion Forum: AHA Constitution Changes

In the September issue of Perspectives we introduced a number of proposed changes in the constitution that Council approved at its June, 2007, meeting. An identical version of the proposed changes appeared here from October 1 through 15, with an invitation for comments from members.

The comments received from members pointed out a few editing and formatting errors, and others reflected a need for further information about the changes. Perhaps most significantly, a number of members expressed concerns about the petition required to place items before the business meeting. We should have noted that this requirement currently appears in the Association's by-laws, so this was not a new requirement. This was intended to enshrine the opportunity for petition in the constitution, while raising the threshold for petitions. Given the ease with which petitions can be circulated on the Internet, we initially thought it made sense to raise the bar a bit, from 25 members to one percent of the membership. In light of the concerns expressed about this provision and with Council's approval, the 1 percent requirement has now been deleted. So the requirement reverts back to 25 members described in the bylaws.

 

Article IX: Elections

Existing Text With Mark Up

Section 1 2: There Nominating Committee shall nominate, by shall be an annual mail ballot, election candidates for the offices of president, president-elect; a Division vice-president; and members of the Ddivisionsal Committee, member of the, Nominating Committee, and elected member of the  Committee on Committees; and the unexpired term of any elected position that is vacant. On the annual ballot the Nominating Committee shall, except as hereinafter provided, present one name for the office of president, two names for the office of president-elect, and two or more names for each office of vice-president which shall be prospectively vacant, and two or more names for each position on the Council, on the Nominating Committee, on the Committee on Committees, and on the Divisional Committees, where like prospective vacancies shall exist, and the names of any persons nominated by petition as specified in Section 3 of this Article. But the Council may, in its bylaws or by resolution, provide for additional nominations to be made by the Nominating Committee for any position where there is a vacancy through death or by resignation of a candidate.

Section 3: Nominations may also be made by petitions carrying in each case the signatures of one hundred or more members of the Association in good standing and indicating in each case the particular vacancy for which the nomination is intended. Nominations by petition must be in the hands of the chairman of the Nominating Committee at least three months before the annual meeting. In distributing the annual ballot by mail to the members of the Association, the Nominating Committee shall present and identify such candidates nominated by petition along with its own candidates, having first ascertained that all candidates have consented to stand for election.

Section 4 2: The annual ballot shall be distributed mailed to the full membership of the Association at least six weeks before the annual meeting. No vote received after the due date specified on the ballot shall be valid. Election shall be by plurality of the votes cast for each vacancy. The votes shall be counted and checked in such manner as the Nominating Committee shall prescribe and shall then be sealed in a box and deposited in the headquarters of the Association, where they shall be kept for at least one year. The results of the election shall be announced at the business meeting and in the publications of the Association. In the case of a tie vote, the choice among the tied candidates shall be made by the business meeting a coin flip shall determine the winner.

Section 3: The Nominating Committee shall act as the supervisor of any election and all issues relating to any election shall be referred to it for final decision. The Nominating Committee shall keep all records of elections in a secure place for a period of not less than one year.

Article IX

There shall be a Board of Trustees, five in number, consisting of a chairman and four other members, nominated by the Council and elected at the business meeting of the Association. Election shall be for a term of five years except in the case of an election to complete an unexpired term. The Board of Trustees, acting by a majority thereof, shall have the power, under the policy direction of the Council, to invest and reinvest the permanent funds of the Association with authority to employ such agents, investment counsel, and banks or trust companies as it may deem wise in carrying out its duties, and with further authority to delegate and transfer to any bank or trust company all its power to invest or reinvest. Neither the Board of Trustees nor any bank or trust company to whom it may so transfer its power shall be controlled in its discretion by any statute or other law applicable to fiduciaries, and the liabilities of the individual members of the board and of any such bank or trust company shall be limited to good faith and lack of actual or willful misconduct in the discharge of the duties resting on them. The Finance Committee of the Council shall meet at least once each year with the Board of Trustees of the Association to discuss investment policies and the financial needs of the Association.


 

Proposed Revised Text

Section 1 : There shall be an annual election for the offices of president, president-elect; a vice-president; and members of the divisions, Nominating Committee, Committee on Committees; and the unexpired term of any elected position that is vacant.

Section 2: The annual ballot shall be distributed to the full membership of the Association at least six weeks before the annual meeting. No vote received after the due date specified on the ballot shall be valid. Election shall be by plurality of the votes cast for each vacancy. The results of the election shall be announced at the business meeting and in the publications of the Association. In the case of a tie vote, a coin flip shall determine the winner.

Section 3: The Nominating Committee shall act as the supervisor of any election and all issues relating to any election shall be referred to it for final decision. The Nominating Committee shall keep all records of elections in a secure place for a period of not less than one year.

Explanatory Notes

This Article replaces parts of items formerly in Article VIII.





























































Section 2: This removes the choice in tie votes from the business meeting, which seemed subject to abuse given the small portion of the membership who usually attend the business meeting. This substitutes a random method of chance (a coin flip) to determine the winner. This appears to be the standard method among association, and was recently used by the Association of College and Research Libraries to determine the presidency.

 

AHA Member's Comments on Article IX: Elections

7 members have commented
as of 11:50:58 PM 5/18/13
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petitions
i'm with the others about leaving something in about petitions, as i don't know if petitions related to elections is covered anywhere else, may have seen something about it in the 'amendments' section that is also up for discussion right now, but only about the minimum number of signatures needed for petition. thoreau may have said 'simplify, simplify', but the provisions can't always be simple.

—Mr. L.e. Larue , Posted: November 06, 2007 9:40 PM


For the People; By the People
I don't understand why the Nominating Committee should become the sole power behind those "nominated" for an election. It seems rather deceptive to say a person is elected by members when the members are not given a choice. Meaning, only one person is nominated for a position, so there is only one person to vote for. Do not take away the peoples right to petition. In addition to keeping this paragraph, perhaps there should be included a requirement to notify all members that the deadline for such petitions is on a particular date, so that if any qualified person wants to participate they are fully aware of the time constraints.

—Ms. Julia Louise Reinhart , Posted: October 15, 2007 1:40 PM


Nominating Committee
I second the comments of Daniel Howe. I realize that in many organizations only a few do all of the work, yet I cannot image why the AHA membership would want to grant such power to so few people. I would like to see a "backdoor", some way of having the membership at large nominate a candidate if they are unhappy with or just want a different choice from those proposed by the nominating committee.

—Dr. Wendy J. Turner , Posted: October 15, 2007 10:11 AM


Typo
There... "by shall be" should read "There...shall bee...." Although there is the right of members to nominate by petition, it is not clear how much time there is between the date the Nominating Committee announces its slate and the actual vote. How many AHA officers have actually been nominated and elected by petition? Marcia Synnott, October 13, 2007 11:11 P.M.

—Prof. Marcia G. Synnott , Posted: October 13, 2007 11:11 PM


All Power to the Nominating Committee?
Apparently the intent is to leave the Nominating Committee free to choose however many candidates for each vacancy that it wishes, even if it wishes to propose only one. Whether candidates can be nominated by petition is apparently left to the discretion of the Nominating Committee. So it would seem that the Nominating Committee will be more powerful than ever. It would seem that members of the Nominating Committee itself are to be chosen by the Nominating Committee, so it will become a self-perpetuating body. Am I right in my interpretation of the changes? If I am, can this really be wish of the AHA membership?

—Dr. Daniel Walker Howe , Posted: October 13, 2007 2:58 PM


Typo
There... "by shall be" in the first line should read "There...shall be...."

—Mr. John Holloran , Posted: October 13, 2007 2:31 PM


Election Ballots
The move to formalize electronic distribution is a good one.

—Dr. Kelly A. Woestman , Posted: October 01, 2007 10:19 AM


The period for discussion is now past. However, additional revisions are being prepared, and will be posted for further commentary on or about October 19th.

Article I: Name
Article II: Purpose
Article III Membership 12 Comments | Last Comment Posted: 2:59 PM Nov 02, 2007
Article IV: Officers 4 Comments | Last Comment Posted: 2:18 PM Nov 12, 2007
Article V: Council 3 Comments | Last Comment Posted: 2:13 PM Nov 01, 2007
Article VI: Divisions 4 Comments | Last Comment Posted: 4:17 PM Nov 08, 2007
Article VII: Business Meeting 4 Comments | Last Comment Posted: 1:24 PM Oct 15, 2007
Article VIII: Committees 2 Comments | Last Comment Posted: 12:43 PM Oct 14, 2007
Article IX: Elections 7 Comments | Last Comment Posted: 9:40 PM Nov 06, 2007
Article X: Amendments 3 Comments | Last Comment Posted: 7:06 PM Nov 01, 2007
Article XI: Bylaws
Article XII: Interim Procedures