Volume 86 Issue 11 | pp. 50-57
Issue Date: March 17, 2008

Council Will Face Three Petitions

Actions in New Orleans could redefine ACS membership, change nomination and election procedures
Department: ACS News

WHEN IT MEETS next month in New Orleans, the ACS Council will have a lengthy agenda that includes hearing reports from society officers and committees, narrowing the field of nominees for 2009 president-elect, and considering a $4.00 member dues hike for 2009 to $140. In addition, it will vote on three petitions that would substantially change the society's constitution and bylaws.

Near the beginning of their meeting, councilors will be introduced to and will hear brief statements from candidates for president-elect 2009. The four nominees chosen by the ACS Committee on Nominations & Elections are Thomas J. Barton, distinguished professor, Iowa State University; R. Stephen Berry, James Franck Distinguished Service Professor Emeritus, University of Chicago; Joseph S. Francisco, William E. Moore Distinguished Professor, Purdue University; and Josef Michl, professor, University of Colorado, Boulder.

Councilors will choose two of the four by paper ballot. The two successful candidates, along with any candidates who may be on the ballot by petition, will vie in this fall's election for the three-year presidential succession, 2009 to 2011.

Candidates for two director-at-large seats will also be presented to the council. They are William F. Carroll Jr., vice president, Occidental Chemical Corp., Dallas; Richard L. Deming, professor, California Statue University, Fullerton; Thomas R. Gilbert, associate professor, Northeastern University, Boston; and Marinda Li Wu (incumbent), Science is Fun! Co., Orinda, Calif. The two positions will be filled by vote of councilors this fall.

The council will also learn the names of the candidates chosen to compete for director seats in Districts III and VI in this fall's election. Councilors from the appropriate districts have voted for candidates from a slate of four nominees in their respective districts.

The Petition on Membership Categories & Requirements proposes a comprehensive revision of the qualifications required for membership and for affiliate status in the society. The petitioners believe that the current requirements for membership in the society are too narrow, and they seek to open full ACS membership to anyone with a bachelor's degree in chemistry or in a related field of natural science, engineering, technology, or science education. Also eligible for full membership would be individuals with an associate's degree in chemical science or a related field of technology and any qualified precollege chemistry teacher. Currently, a bachelor's degree plus work experience or an ACS-approved bachelor's degree in chemistry is required for membership. Under this petition, anyone interested in chemistry could apply for society affiliate status.

In addition, the petition would grant full society membership to undergraduate chemistry students and eliminate the student affiliate category of membership. Undergraduates would have all of the rights of full membership with the exception of holding national office. These rights include voting in national elections. Student members would pay substantially discounted dues. There are currently about 10,000 undergraduates who would become members of the society under this petition.

The Petition on Election Procedures for President-Elect & District Director seeks to avoid expensive and time-consuming runoff elections. The petition provides a uniform balloting and election procedure for those offices where one candidate is elected (as opposed to director-at-large where more than one candidate is elected). The proposed election mechanism provides for a preferential (ranked) ballot and "instant runoff." It is complicated and explained fully starting on page 55.

Among other things, the Petition on Election Procedures 2006, Part 2, seeks to change the procedure by which ACS members can petition to be included on the ballot for national office. The practical effect of this petition would be to increase substantially the number of signatures required for such a petition. This petition was controversial when it was first introduced to council last year and will probably remain so.

Other items requiring the council's attention will be approval of the latest version of the "Academic Professional Guidelines," which is aimed at making these guidelines consistent with the society's "Professional Employment Guidelines" and "The Chemical Professional's Code of Conduct."

Finally, the council will also be asked to approve a name change for the University of Kansas Local Section to the Wakarusa Valley Local Section. The name derives from the Wakarusa River, which originates near the eastern edge of the local section boundary. The advantage of this name change, petitioners say, is that it does not imply sole affiliation with any college or university.

PETITION ON MEMBERSHIP CATEGORIES & REQUIREMENTS

Article IV, Sec. 1

Article V

New Article XV; Renumber Articles XV-XVIII to XVI-XIX

Bylaw I, Sec. 3

Bylaw II, Sec. 1, 2, 3b, 4b, 5a, 6 (renumbered), 7

Bylaw III, Sec. 3,e,1,(b) (vi) and (vii)

Bylaw VI, Sec. 4b

New Bylaw X; Renumber Bylaws X-XIII to XI-XIV

Bylaw XII (to be renumbered XIII) Sec. 3, a, d, f, i and 4

Petition

We, the undersigned councilors of the American Chemical Society, hereby petition to amend the Constitution and bylaws as follows (additions underlined; deletions struck through):

Article IV

Membership

Sec. 1.

The members of the society shall be those individuals who are interested in the objects of the society and who meet the requirements for members or ASSOCIATE STUDENT members, as provided in the bylaws. (1/1/63)

Article V

Affiliates and Associates

Sec. 1.

A student who is not a member of the society may become a student affiliate of the society as provided in the bylaws. (1/1/68)

Sec. 21.

Any firm, association, or corporation or a subdivision of any such may become a corporation associate of the society under the conditions and with the rights specified in the bylaws. (6/18/51)

Sec. 32.

A person who is not eligible to be a member of the society may become a society affiliate of the society, hereinafter referred to as a "society affiliate," as provided in the bylaws. (11/18/02)

Sec. 43.

A person who is neither a member nor a society affiliate may become an affiliate of either a local section or division of the society as provided in the bylaws. (11/18/02)

Sec. 54.

Neither 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. (11/2/02)

Sec. 6.

Chapters of Student Affiliates may be formed in accordance with the bylaws. (9/1/63)

Article XV

Student chapters

Student chapters may be formed as provided in the bylaws.

Renumber Articles XV through XVIII as Articles XVI through XIX

Bylaw I

Membership

Sec. 3.

a. The Admissions Committee may approve for member a person who meets any of the following requirements for formal training and, experience, or employment in a chemical science or in a science closely related to chemistry-related field of natural science, engineering, technology, or science education. Natural sciences are those that deal with matter, energy, and their interrelationships and transformations. Chemical science comprises chemistry, chemical engineering, and multiple disciplinary chemistry-centered sciences. In meeting experience requirements, graduate study in a chemical science should be considered as equivalent to employment in a chemical science. Significantly-chemical employment involves the use of fundamental chemical principles as a major portion of the effort. (9/29/94)

(1) An earned bachelor's or higher degree in a chemical science or in a related field of natural science, engineering, technology, or science education from an appropriately accredited educational institution, or one acceptable to the Admissions Committee. certified to the society by a department approved by the society for its undergraduate professional training. (9/29/94)

(2) A bachelor's degree in a chemical science not certified to the society and three years of employment in a chemical science. (1/1/82)

(3) An earned doctor's or master's degree in a chemical science. (1/1/82)

(42) An associate degree or equivalent in a chemical science or chemical related field of technology and five years of employment in a chemical science. (10/16/01) from an appropriately accredited educational institution, or one acceptable to the Admissions Committee.

(5) An earned degree at any level that includes the concepts and knowledge of a bachelor's degree in a chemical science plus three years of significantly-chemical employment. (9/29/94)

(63) Full certification, licensure, or other qualification as a pre-college teacher of chemical science and three years of employment as a teacher of chemical science. (10/19/04), provided such certification, licensure, or other qualification is deemed satisfactory by the Admissions Committee.

(74) Less formal training than indicated above or a degree in a field other than a chemical science but having significant achievement in a chemical science, provided that the application is supported by documentary evidence. (10/19/04) and significant documented work experience in chemical science, chemical technology, or chemical education that is satisfactory to the Admissions Committee as representing achievement equivalent to that in any of the provisions above. It shall be the intent that oOne year of full-time relevant work experience shall be broadly equivalent to one year of full-time education and training.

b. The Admissions Committee may approve for STUDENT MEMBER a person who is actively working toward an undergraduate degree in a chemical science or in a related field of natural science, engineering, technology, or science education from an appropriately accredited educational institution, or one acceptable to the Admissions Committee. A STUDENT MEMBER may retain such status only as long as that person is actively working toward such a degree. A STUDENT MEMBER who no longer meets the requirements for STUDENT MEMBER but does meet the requirements for MEMBER shall be reclassified no later than the beginning of the following membership year. The Admissions Committee may approve for associate member a person (1) who has completed the academic training specified in this section but who lacks the experience requirements; or (2) who is a fully certified, licensed, or otherwise qualified pre-college teacher of chemical science. (10/19/04)

An ASSOCIATE MEMBER shall retain such status until the requirements for MEMBER have been met, the Admissions Committee has been petitioned for reclassification, and such petition has been approved by that Committee for advancement to MEMBER status An associate A STUDENT MEMBER shall be entitled to all privileges of membership except that of holding an elective position of the society, its local sections, or its divisions, and the privilege of serving as Temporary Substitute Councilor; however, if the bylaws of the local section or division so permit, an associate a STUDENT MEMBER may hold an elective position of the local section or division, other than councilor or alternate councilor. (6/8/91)

c. The Admissions Committee shall have power to interpret and apply these requirements, including determining the status of applicants educated in foreign countries.

d. Any person, qualified as specified in Sec. 3, a or b above, who shall have been nominated in writing by two members of the society, who shall have paid the initial membership dues and fees as applicable, and whose application shall have been approved by the Admissions Committee, shall be declared elected a MEMBER or an associate a STUDENT MEMBER of the society. The requirement of having two nominations in writing may be waived by the Admissions Committee in cases where applicants live in areas remote from society members. (1/1/82)

Bylaw II

Affiliates and Associates

Sec. 1.

There shall be a category known as student affiliates, consisting of individuals who have been working toward or have completed during the calendar year an undergraduate degree in a chemical science or a related discipline. With the exception of regulations pertaining to financial matters, all regulations for student affiliates shall be established by the Society Committee on Education with the approval of the Committee on Constitution & Bylaws, acting for the council. Financial regulations related to student affiliates shall be set by the board of directors and approved by the council. (9/23/83)

Sec. 2.

Chapters of student affiliates may be established at two-year colleges, colleges, and universities. All regulations for chapters, such as criteria and procedures for formation, membership criteria, program activity standards, criteria for dissolution and reinstatement, and all other rights and privileges shall be established by the Society Committee on Education with the approval of the Committee on Constitution & Bylaws. The Society Committee on Education shall act for the council in chartering and dechartering student affiliate chapters. (9/23/83)

Sec.. 31.

a. No person who is not a member of the American Chemical Society shall become a member of any local section; but local sections may provide in their bylaws to have local section affiliates, not members of the society, who shall be entitled to all the privileges of membership in the local section, as provided in the local section bylaws, save that of voting for or holding an elective position of the local section, voting on articles of incorporation and bylaws for the local section, or serving as a member of its Executive Committee or equivalent policy-making body. (1/1/70)

b. 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. However, a regularly matriculated student specializing in a chemical science may be accepted as a Local Section Affiliate on payment of one dollar ($1.00) per annum, except that a Local Section may waive Local Section dues in granting affiliate status to Student Affiliates of the society. (6/8/91)

c. A local section affiliate shall not be entitled to any privileges of the society other than those herein specified. (1/1/63)

Sec. 42.

a. No person who is not a member of the American Chemical Society shall become a member of any division; but divisions may provide in their bylaws to have division affiliates, not members of the society, who shall be entitled to all the privileges of membership in the division, as provided in the division bylaws, except that of holding an elective position of the division, or voting on articles of incorporation and bylaws for the division, or serving as a member of its Executive Committee or equivalent policy making body, or voting for councilor(s) or alternate councilor(s) from the division. In their bylaws, divisions may either provide or withhold the privilege of voting by division affiliates for an elective position (other than councilor or alternate councilor) of the division. (6/14/81)

b. A division affiliate shall retain affiliate status only so long as payment is made of division dues of not less than two dollars ($2.00) per annum, except that a regularly matriculated student specializing in a chemical science may be accepted as a division affiliate on payment of one dollar ($1.00) per annum. (1/1/82).

c. A division affiliate shall not be entitled to any privileges of the society other than those herein specified. (1/1/63)

Sec. 53.

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 society affiliate of the society, hereinafter referred to as a "society affiliate," subject to the following conditions and limitations: (11/2/02)

(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. (1/1/76)

(2) A society affiliate shall retain affiliate status only so long as payment is made of society affiliate dues which shall be 3/4 of the membership dues, rounded to the nearest dollar. (11/2/02)

Renumber Sec. 6 to Sec. 4

Sec. 75.

A society affiliate, student affiliate, local section affiliate, division affiliate, or corporation associate may be dropped for good and sufficient reasons. (11/2/02)

Bylaw III

Council

Sec. 3.

Committees of the Council

e. Society Committees

(1) The names and duties of Society Committees shall inter alia include:

(b) Committee on Education

(i) implementing society policies in chemical education; (9/23/83)

(ii) developing reports and recommendations to the board and council on society policies related to chemical education and society programs for the improvement of chemical education; (9/23/83)

(iii) receiving, reviewing, and making recommendations to the board and council on proposals for policies and programs in chemical education; (9/23/83)

(iv) acting in an advisory capacity on matters relating to chemical education; (9/23/83)

(v) recommending approval or disapproval of requests for the funding of new or unbudgeted items related to chemical education. (9/23/83)

(vi) establishing all regulations for student chapters, such as criteria and procedures for formation, membership criteria, program activity standards, criteria for dissolution and reinstatement, and all other rights and privileges, with the approval of the Committee on Constitution & Bylaws.

(vii) acting for the council in chartering and dechartering student chapters.

Bylaw VI

Meetings of the Society

Sec. 4.

b. Each person, when registering at a meeting of the society shall indicate one of the following classifications: (1) MEMBER of the society; (2) nonmember chemical scientist; (3) Student Affiliate STUDENT MEMBER; (4) other regularly matriculated student majoring in a chemical science or in a related field of natural science, engineering, technology, or science education at a college or university; (5) nonchemist visitor. (10/16/01)

Bylaw X

Student Chapters

Sec. 1.

Student chapters may be established at educational institutions such as two-year colleges, colleges, and universities. Such chapters shall be subordinate organizations of the educational institution at which they are formed and not of the society. The Society Committee on Education shall act for the council in all matters concerning student chapters as provided elsewhere in these bylaws.

Sec. 2.

Student chapters shall receive no allotment of funds from the society and shall not be entitled to elected representation on the council. A student chapter may, in accordance with the regulations, assess student chapter dues to be expended for its purposes. The society may make programmatic funding available to student chapters in furtherance of the objects of the society.

Renumber existing Bylaws X through XIII as Bylaws XI through XIV

Bylaw XIIXIII

Finances

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 & 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. (10/1/84)

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. (11/02/02)

An allocation from dues revenue shall cover the printing and distribution cost of copies for all members MEMBERS and 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 & Finance. The board shall report the amount of the allocation through the society Committee on Budget & Finance at the next council meeting. (11/02/02)

The subscription term for the official organ shall correspond to the membership period. (11/2/02)

d. A member of the society who has accumulated at least 35 years of paid membership, who is retired from fulltime professional employment, and is over 70 years of age, is eligible for emeritus status and upon request shall be given such status upon certification by the executive director. Such a member shall pay no membership dues, may receive upon annual request the official organ of the society, and shall have all the privileges of membership, MEMBER or ASSOCIATE MEMBER, which that were held at the time of certification to emeritus status. (6/7/85)

All members who, prior to Jan. 1, 1986, had accumulated 35 years of paid membership are eligible for emeritus status upon retirement from full-time professional employment or at 70 years of age. Such status shall be given following request by the member and certification by the executive director. (12/11/88)

f. A person graduating with a bachelor's degree in a chemical science or in a related field of natural science, engineering, technology, or science education from an appropriately accredited educational institution, or one acceptable to the Admissions Committee, may apply for membership MEMBER status, by reclassification from STUDENT MEMBER or otherwise, and receive a half-year waiver of membership dues to begin at any time up to one year from the date of graduation. (10/4/99)

i. Student Discounts

(1) A STUDENT MEMBER, upon affirmation to the executive director of qualification for such status, shall be entitled to a discount of five-sixths of the membership dues. The dues so determined shall be rounded to the nearest whole dollar amount. A STUDENT MEMBER shall receive electronic access to the official organ of the society. A STUDENT MEMBER wishing to receive a printed copy of the official organ shall pay an additional sum equal to one-half of the calculated per member amount of the allocation to the official organ described elsewhere in this bylaw, rounded to the nearest whole dollar amount.

i. (2) A member who is a student, undergraduate or graduate student, majoring in a chemical science or in a related academic discipline field of natural science, engineering, technology, or science education at an appropriately accredited educational institution, shall be entitled to a discount of one-half of the membership dues so long as the student certifies registration for at least six credit hours as an undergraduate or is doing full-time graduate work. "Full time" is to represent any combination of course work, research work, and teaching that the institution considers a full-time load. A student shall be entitled to the foregoing discount only if the student enrolls for the next regular academic session following the initial date of the student's membership. (10/4/99)

The Admissions Committee shall have the power to interpret and apply these requirements, with the advice of the Society Committee on Education. (9/23/83)

Sec. 4.

a. At the request of any local section the annual society bill to each member in that local section shall include the voluntary local section dues. The local section shall have the option to waive or discount its dues for STUDENT MEMBERS. The society shall remit receipts to local sections semi-annually. (9/14/79)

b. At the request of any division the annual society bill to each member in that division shall include the division dues. The division shall have the option to waive or discount its dues for STUDENT MEMBERS. The society shall remit receipts to divisions semi-annually. (9/14/79)

These amendments shall become effective on the April 1 next following approval by the membership of the constitutional changes, or as soon thereafter as technically possible, but in no event later than the Jan. 1 of the second year after the year in which the constitutional changes are approved by the membership.

Explanation

This petition represents a comprehensive revision of the qualifications required for membership and for affiliate status in the society. In response to a developing consensus that the current qualifications for membership in the society are unduly narrow and too restrictive, the amendments, while indicating the society's focus on chemistry, would make anyone with a bachelor's or higher degree in chemistry or in a related field of natural science, engineering, technology, or science education eligible for membership.

In addition, an individual with an associate degree in chemical science or a related field of technology would also be eligible, as would any qualified precollege chemistry teacher not able to meet the primary requirement. These latter provisions would eliminate the current requirement for a number of years of work experience to be eligible. The proposal would retain a provision allowing the Admissions Committee to approve for membership those whose chemical knowledge and training is attained in the course of appropriate work experience.

These changes would enable all who currently qualify as ASSOCIATE MEMBERS to become MEMBERS, making retention of the former membership category unnecessary. These amendments make no changes in the various dues categories for MEMBERS or affiliates of the society. The Committee on Membership Affairs will undertake a complete review of all dues categories and discounts as a follow-on task to this membership categories and requirements petition.

An amendment to the current bylaw establishing the requirements for society affiliate status would open this membership category to anyone interested in chemistry.

There is also a developing consensus that undergraduate students should be eligible for society membership status, as they are in most of our sister organizations. These amendments replace the ASSOCIATE MEMBER category with a STUDENT MEMBER category, granting STUDENT MEMBERS all the rights of membership except those of holding national office. This includes the right to vote in society elections.

The proposed provisions governing this membership category are patterned after the current ASSOCIATE MEMBER category, and divisions and local sections would have the option of allowing, but would not be required to allow, them to serve as officers in the division or local section, except for councilor and alternate councilor. Divisions and local sections would also be enabled to waive or discount their dues for STUDENT MEMBERS. Because the current ASSOCIATE MEMBER category is rendered unnecessary, it is proposed to effect these changes by replacing the term "ASSOCIATE MEMBER" with "STUDENT MEMBER" in almost every place that it occurs in the constitution and bylaws.

While there are changes in many bylaws that are required to maintain consistency within the bylaws, the most important of which are discussed below, petitioners have proposed only those changes that they believe are necessary to implement these changes in membership categories and requirements, and intend that the status quo be maintained in all other matters. Petitioners understand that this overhaul may well prompt some of the petitioners and others to propose changes to the status quo in other related matters. Necessarily, this petition specifies a deferred effective date. Those who wish to propose other bylaw amendments would be able to do so in separate petitions, which could, if adopted, become effective, in a practical sense, at the same time as the amendments proposed in this petition.

Because STUDENT MEMBERS would be "members," it is necessary to codify in the bylaws the dues they would be assessed. Currently, the student affiliate dues are set by the board of directors with the approval of council. The amendments would, as closely as is reasonably possible, match the dues discount and, as far as printed copies are concerned, the C&EN arrangements currently in effect for student affiliates.

For 2007, student affiliates pay dues of $38, unless they do not wish to receive C&EN, in which case the dues are reduced to $23. The $23 rate is derived as one-sixth of the MEMBERSHIP dues, rounded to the nearest whole dollar amount. The additional charge student affiliates pay for printed copies of C&EN is a little under one-half of the per-member allocation to C&EN from MEMBERSHIP dues. Providing STUDENT MEMBERS with all the rights and privileges of membership implies providing access to C&EN as the official organ of the society. These amendments would provide STUDENT MEMBERS with electronic access to C&EN at no extra charge.

The 20% allocation of the total dues pool to local sections and divisions would be applicable to student member dues. Overall, local sections and divisions would receive additional funds, but not necessarily in proportion to the increase in the number of members, especially in as far as local sections are concerned. The Local Section Activities Committee has the current bylaw authority to make changes in the formula used for distribution of these funds. This committee would be able to make adjustments that would ensure that the Innovative Program Grants would be continued at an appropriate level, and it could also consider a transitional "hold harmless" provision ensuring that no local section received less in the first year after the amendments become effective than it did in the previous year.

It is expected that there would be one or two instances in which the number of members in a local section increases dramatically, because of large active student affiliate programs at the colleges and universities in its territory. We have been assured that these and essentially all other local sections would welcome the students with their enthusiasm and would make whatever adjustments become necessary.

The impact on voluntary membership in divisions is difficult to predict. The Divisional Activities Committee similarly has current bylaw authority to change the distribution formula for divisions. There are over 10,000 members of student affiliate chapters, but not all of them choose to pay the one-sixth of membership dues to become ACS Student Affiliates.

The maximum possible increase in local section and division funding from STUDENT MEMBER dues would be about $46,000 (using 2007 dues rates), of which 55% ($25,300) would go toward allocation to local sections and 45% ($20,700) toward allocation to divisions. These would represent increases of about 1.5% over current allocation amounts.

Because the current practice is to allocate student affiliate dues to the Education Division, there would need to be adjustments in intra-society budgeting to maintain the present programmatic funding for student members; however, no bylaw changes are needed to preserve the status quo. Petitioners urge the Society Committee on Budget & Finance and the board to ensure that the extremely important programs currently supporting student affiliates and student affiliate chapters are continued and fully funded when they become STUDENT MEMBERS and student chapters, respectively. Currently these programs are budgeted out of the student affiliate dues revenues. A modest amount of additional funding would be required to compensate for the dues allocation to divisions and local sections from STUDENT MEMBER dues. This would likely be in the $30,000–$50,000 range.

Student affiliate chapters would become student chapters and be provided for in a new article in the constitution and in a new bylaw, carefully worded to satisfy the requirements associated with the society's 501(c)(3) tax exempt status. The provisions, currently in Bylaw II, vesting the responsibility for regulating student chapters in the Society Committee on Education would be transferred to the duties of the committee listed in Bylaw III.

In the longer term, changes in the number of members could affect the councilor divisor and thus potentially affect the number of councilors for some local sections. However, the recalculation of the divisor for the years 2008–11 has already been made and will be implemented prior to passage of these amendments. This issue will be automatically addressed again in 2011, and the divisor adjusted appropriately for minimum impact on council.

Currently, there is a provision in Bylaw XII establishing a discount for students who are members. Although the provision currently specifies both undergraduate and graduate students, in practice, the discount is already only used by graduate students. Because undergraduate students would now qualify as STUDENT MEMBERS, with a much greater discount, this Bylaw XII discount would become simply a graduate student discount.

Signed: M. Elizabeth Derrick, Merle I. Eiss, Jacqueline Erickson, Victoria Finkenstadt, Donna G. Friedman, George E. Heinze, Joseph A. Heppert, ZaÍda D. Morales-MartÍnez, Robert W. Morrison Jr., Joseph R. Peterson, Diane G. Schmidt, John A. Whittle

This petition has been referred to the Committee on Membership Affairs (committee having primary substantive responsibility), Council Policy Committee, Society Committee on Budget & Finance, Society Committee on Education, Committee on Local Section Activities, Committee on Divisional Activities, Committee on Meetings & Expositions, and the Committee on Constitution & Bylaws.

Final Statement of Financial Impact

The Society Committee on Budget & Finance has examined this petition and concludes that, annually, it will have a minor negative impact ($0–$100,000) on the finances of the society.

Final Report of the Committee on Constitution & Bylaws

The Committee on Constitution & Bylaws has reviewed the petition and finds it to be legal and consistent with other provisions of the society's documents. The petition proposes substantial modification of several sections of the constitution and the bylaws, and numerous minor changes to other affected sections of the society's documents, in order to broaden qualifications for membership and to create a new category of student membership.

The committee, in consultation with representatives of the petitioners, has prepared a revised version of the petition. The substance of the petition and the intent of petitioners are maintained. A request has not been received from a majority of the petitioners to place the original petition on the council agenda for action if the revised version now before council is not adopted.

Comments and suggestions from committees, petitioners, and other interested members on the substance of the petition should be directed to the Committee on Membership Affairs, which has primary substantive responsibility for the petition. Other comments may be directed to the Committee on Constitution & Bylaws. —RAY. A. DICKIE, CHAIR

PETITION ON ELECTION PROCEDURES FOR PRESIDENT-ELECT AND DISTRICT DIRECTOR

Bylaw V, Sec. 2, d

Bylaw V, Sec. 4, f

Petition

We, the undersigned councilors of the American Chemical Society, hereby petition to amend the Constitution & Bylaws as follows (additions underlined; deletions struck through):

Bylaw V

Manner of Election

Sec. 2.

President-Elect

d. On or before Oct. 10, the executive director shall distribute to each member of the society a ballot containing the names of all candidates for president-elect and constructed as provided herein. (6/2/07)

When there are two candidates, a single choice ballot shall be used, and the candidate receiving the greater number of votes shall be declared elected. (9/29/94)

When there are three more than two candidates, a preferential ballot shall be used. The This ballot shall afford the voter an opportunity to indicate first and a second choice rank the candidates in order of preference. If one candidate receives a majority of first choices first-preference votes, that candidate shall be declared elected. If no candidate receives such a majority, the candidate receiving the lowest number of first choices fewest first-preference votes 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 for the eliminated candidate that have not indicated a second choice shall be void in the second count. from further consideration. The vote total of a candidate not so eliminated shall then be set equal to the number of valid ballots on which that candidate is ranked higher in preference than any of the other remaining candidates. If the vote total of one of the candidates is now a majority, that candidate shall be declared elected. However, if no candidate receives a majority, the process of eliminating the candidate with the lowest vote total and recalculating the vote totals of the remaining candidates shall be repeated as many times as necessary until the vote total of one candidate is a majority. That candidate shall then be declared elected. When recalculating vote totals following the elimination of a candidate, those ballots on which no distinct preference is indicated for any of the remaining candidates shall be deemed invalid in that and any subsequent candidate elimination rounds. In each of those rounds, a majority shall consist of more than half of the total number of ballots that remain valid at that step in the elimination process. (9/29/94 effective date)

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. On or before Nov. 15, No later than four weeks after the first election results are certified, and in no event later than Dec. 15, the executive director shall distribute to each member of the society a ballot containing the names of the two candidates receiving the most votes in the first election. The candidate receiving the greater number of votes shall be declared elected. (6/2/07)

Sec. 4.

District Director

f. On or before Oct. 10, the executive director shall distribute to each member of the society entitled to vote in the district electing a district director a ballot containing the names of all the candidates for director from that district and constructed as provided herein. (6/2/07)

When there are two candidates, a single choice ballot shall be used; the candidate receiving the greater number of votes shall be declared elected. (9/29/94)

When there are three more than two candidates, a preferential ballot shall be used. This The ballot shall afford the voter an opportunity to rank the candidates in order of preference indicate a first and a second choice. If one candidate receives a majority of first-preference votes first choices, that candidate shall be declared elected. If no candidate receives such a majority, the candidate receiving the fewest first-preference votes 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 for the eliminated candidate that have not indicated a second choice shall be void in the second count. from further consideration. The vote total of a candidate not so eliminated shall then be set equal to the number of valid ballots on which that candidate is ranked higher in preference than any of the other remaining candidates. If the vote total of one of the candidates is now a majority, that candidate shall be declared elected. However, if no candidate receives a majority, the process of eliminating the candidate with the lowest vote total and recalculating the vote totals of the remaining candidates shall be repeated as many times as necessary until the vote total of one candidate is a majority. That candidate shall then be declared elected. When recalculating vote totals following the elimination of a candidate, those ballots on which no distinct preference is indicated for any of the remaining candidates shall be deemed invalid in that and any subsequent candidate elimination rounds. In each of those rounds, a majority shall consist of more than half of the total number of ballots that remain valid at that step in the elimination process. (9/29/94 effective date)

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. No later than four weeks after the first election results are certified, and in no event later than December 15, the Executive Director shall distribute to each member of the society residing within the District a ballot containing the names of the two candidates receiving the most votes in the first election. That candidate receiving the greater number of votes shall be declared elected. (6/2/07)

Explanation

ACS bylaws provide for a preferential ballot when three candidates run for president-elect or district director. When four or more candidates run, the bylaws specify that a separate runoff is required if no candidate receives a majority of the votes cast. These runoff elections are expensive, result in unnecessary complications, and delay the election results. The current petition to change the bylaws provides a uniform balloting and election procedure for these offices where one candidate is elected (as opposed to director-at-large where more than one candidate is elected).

The proposed election mechanism provides for a preferential (ranked) ballot and "instant runoff." This selection procedure is based on the successful candidate receiving a majority of valid votes, and will eliminate the need for a separate runoff. If no candidate receives a majority (50% +1) of votes, the candidate with the lowest number of votes is eliminated and the votes for the candidate indicated as the next-highest priority are redistributed to the remaining candidates.

There are several different voting systems, which could be used in an ACS election. The method proposed is practiced in, among other countries, Ireland and Australia, and is often referred to as the "instant runoff" method. This method of voting is considered to be preferred to the separate runoff between the two highest vote getters. "Robert's Rules of Order" (10th Edition, page 411) states "... preferential voting is especially useful and fair in an election by mail if it is impractical to take more than one ballot. In such cases, it makes possible a more representative result than under a rule that a plurality shall elect."

There are also many references on voting systems, including; P. Dasgupta, E. Maskin, Scientific American, March 2004, Vol. 290, page 92; and references therein.

Signed: Dean Adams, A. W. Addison, G. Bodner, Frank D. Blum, William H. Breazeale Jr., Dwight Chasar, Ben B. Chastain, H. N. Cheng, Alan Cooper, William H. Daly, Carol A. Duane, Merle I. Eiss, Steven A. Fleming, Michelle M. Francl, Ruth A. Hathaway, Frederick G. Heineken, Roland F. Hirsch, Larry Krannich, Roger A. Parker, Sara J. Risch, Barbara A. Sawrey, Kathleen M. Schulz, Sharon Shoemaker, Herbert B. Silber, Ellen B. Stechel

This petition has been referred to the Committee on Nominations and Elections (committee having primary substantive responsibility), Committee on Membership Affairs, the Council Policy Committee, the Society Committee on Budget & Finance, and the Committee on Constitution & Bylaws.

Final Statement of Financial Impact

The Society Committee on Budget & Finance has examined this petition and concludes that it will have a minor positive impact on the finances of the society ($0–$100,000).

Final Report of the Committee on Constitution & Bylaws

The Committee on Constitution & Bylaws has reviewed the petition and finds it to be legal and consistent with other provisions of the society's documents. The petition proposes modification of Bylaw V, Sec. 2d and Bylaw V, Sec. 4f. The objective of the petitioners is to move toward a preferential ballot, both to make the balloting procedure more uniform and to avoid the complications and expense of run-off elections.

The committee, in consultation with representatives of the petitioners, has prepared a revised version of the petition. The substance of the petition and the intent of petitioners are maintained. A request has not been received from a majority of the petitioners to place the original petition on the council agenda for action if the revised version now before council is not adopted.

Comments and suggestions from committees, petitioners and other interested members on the substance of the petition should be directed to the Committee on Nominations & Elections, which has primary substantive responsibility for the petition. Other comments may be directed to the Committee on Constitution & Bylaws.—RAY A. DICKIE, CHAIR

PETITION ON ELECTION PROCEDURES 2006, PART 2

Bylaw V, Sec. 2, c

Bylaw V, Sec. 3, b

Petition

We, the undersigned councilors of the American Chemical Society, hereby petition to amend the society bylaws as follows (additions underlined; deletions struck through):

Bylaw V

Manner of Election

Sec. 2.

President-Elect

c. Members of the society may nominate additional candidates for president-elect by providing to the executive director by July 15, nominating petitions endorsed by at least 300 members, with no more than 50 of the members from a single local section, nor more than 200 from any one district of the society one-half percent (0.5%) of the society membership entitled to vote in the society's most recent fall national election, with neither more than one-sixth (1/6) of that from members of a single local section nor more than two-thirds (2/3) from any one district of the society. Each member may nominate no more than one candidate for president-elect in a given election. The names of any candidates duly nominated by petition shall be included on the ballot along with the names of those candidates selected by the council. (10/19/04)

Sec. 3.

Director-at-Large

b. Members of the society may nominate additional candidates for director-at-large by providing to the executive director by July 15, nominating petitions endorsed by at least 300 members, with no more than 50 of the members from a single local section, nor more than 200 from any one district of the society. one-fourth percent (0.25%) of the society membership entitled to vote in the society's most recent fall national election, with neither more than one-sixth (1/6) of that from members of a single Local Section nor more than two-thirds (2/3) from any one district of the society. Each member may nominate no more than one candidate per director-at-large position in a given election. The names of any candidates duly nominated by petition shall be included on the ballot along with those nominated by the Committee on Nominations & Elections. (10/19/04)

Revised Explanation

Consistency in National Election Procedures

The primary purpose of the proposed changes is to standardize the petition and election processes for president-elect and all director positions based on percentages of voting members. The bylaws currently specify an absolute number (300) for the signature requirement for petition candidates for president-elect (Bylaw V, 2, c) and director-at-large (Bylaw V, 3, b), whereas for district director (Bylaw V, 4, e), a percentage (1%) of the district membership is called for.

Petition candidates are an essential part of the electoral process, but because the number of members of the society changes, it is more logical to have percentage requirements, rather than absolute number requirements, for all of these offices. The proposed bylaw change includes a one-half percent (0.5%) requirement for president-elect and a one-fourth percent (0.25%) requirement for director-at-large (there are usually two positions open for director-at-large, and although only councilors vote in the director-at-large election, the position represents all ACS members). The provisions for limiting signatures from a single local section and district reflect the current ratios, one-sixth (1/6) and two-thirds (2/3), respectively.

We believe that the percentage requirement of one-percent (1%) for district director has worked well and the proposed changes will align the procedures for president-elect and director-at-large with what is currently in place for district director. The net effect of these changes based on current membership will be to increase the signature requirement from 300 to approximately 750 for president-elect, and from 300 to approximately 375 for each of the director-at-large positions.

The 2005 N&E survey of councilors and noncouncilors indicated strong support (71% of respondents) for requiring more signatures to become a petition candidate; go to www.acs.org and click on "ACS Governance," then on "Committees," then on "Nominations and Elections," and open "Nominations & Elections 2005 Survey Results," for more information. The Joint Board-CPC Governance Review Task Force listed as one of the issues recommended for further consideration, "Revise the process for becoming a petition candidate, including required signatures ..."

Signed: Frank D. Blum, Richard L. Deming, Michael P. Doyle, Carol A. Duane, Merle I. Eiss, Steven A. Fleming, Michelle M. Francl, Thomas R. Gilbert, Ruth A. Hathaway, Peter C. Jurs, Roger A. Parker, Barbara J. Peterson, Sara J. Risch, Barbara A. Sawrey, Kathleen M. Schulz

This petition has been referred to the Committee on Nominations & Elections (committee having primary substantive responsibility), Committee on Membership Affairs, the Council Policy Committee, the Society Committee on Budget & Finance, and the Committee on Constitution & Bylaws.

Final Statement of Financial Impact

The Society Committee on Budgets & Finance has examined this petition and concludes that it will have no impact on the finances of the society ($0).

Final Report of the Committee on Constitution & Bylaws

This petition is the recommitted portion of a petition presented for action at the spring 2007 ACS national meeting in Chicago. In its review of the petition in spring 2007, the Committee on Constitution & Bylaws found the petition to be legal and consistent with other provisions of the society's documents. The petition as presented in Chicago and as presented in New Orleans replaces language specifying a required absolute number of petition signatures for nomination of candidates for president-elect and director-at-large with language specifying a requirement for petition signatures representing a percentage of the membership for nomination of candidates for these offices. The petition has been modified to reduce the signature requirement for nomination.

Comments and suggestions from committees, petitioners and other interested members on the substance of the petition should be directed to the Committee on Nominations and Elections, which has primary substantive responsibility for the petition. Other comments and suggestions may be directed to the Committee on Constitution & Bylaws.

 

Following are the text and associated reports of the petitions scheduled for action at the ACS Council meeting in New Orleans. The meeting will be held Wednesday, April 9, beginning at 8 AM in the Grand Ballroom of the New Orleans Marriott on Canal Street.

 
Chemical & Engineering News
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