MSERA OPERATIONS MANUAL: Committees

Constitution and Bylaws Committee

(Revised March 26, 2006)

Purpose

     The responsibility of the Constitution and Bylaws Committee is to prepare proposed amendments for action by the Board of the Association. The committee serves as a channel through which any members of the Association, including committee members, can submit proposed revisions of the Constitution and Bylaws to the Board. Amendments may also be proposed directly to the Board if the requirements of the Constitution are met.

Constitutional Requirements

     Article XI, Section 1, of the Constitution states the requirements for amending the Constitution of the Association as follows:

Section 1. This constitution may be altered, amended, or repealed and a new Constitution or portions thereof may be adopted by a vote of two-thirds of the votes cast at an Annual Meeting of the Association or by a majority of the total voting power of the Association, whichever is less, provided that notice of any proposed revision has been mailed to every member of the Association at least thirty days prior to the Annual Business Session at which the revision is to be considered.

Revisions of this Constitution as provided above shall not be considered by the membership of the Association until such proposed revisions have been submitted to, reviewed by, and approved by the Board of the Association.  Upon its election, in the case of conflict of interest or other special circumstances, the Board may choose to submit a proposed revision of the Constitution to the Association members without recommendation provided that the Board communicates the basis for this election to the members along with the proposed amendment. For the purpose of the review and recommendation by the Board, proposed revisions of the Constitution shall be submitted to the Board at any regular or special meeting.  After review and appropriate action thereon, the Board shall forward the proposed revisions to the membership of the Association for consideration.  During its review and prior to forwarding the proposed revisions with its recommendation, the Board may make such editorial revisions as are necessary and appropriate.

Article XI, Section 2, of the Constitution states the requirements for amending the Bylaws of the Association as follows:

Section 2. The activities of the Association shall be regulated by the Bylaws. The Bylaws of the Association may be altered, amended, or repealed and new Bylaws or portions thereof may be adopted in the same manner as prescribed for the Constitution in the above Section 1 of this Article. 

Committee Appointment

     The members of the Constitution and Bylaws Committee are appointed by the MSERA President to began their service in January of each year and serve concurrently with the presidential term of office. Although the number of committee members is not mandated, the recommended practice is to include a member from each state of the Association's six-state region if persons from the respective states are available as well as at-large members.

     The President designates a member to chair the committee. The committee appointments are announced in the MSERA Researcher in order to inform the Association's members of persons who can be contacted to propose amendments.

Procedures

   The initial action of the committee chair is to contact the committee members for the purpose of soliciting their ideas on amendments to the Constitution and Bylaws, simultaneously informing them of any suggestions that have already been submitted (Appendix A). Based on the responses of the committee and submissions from other MSERA members, a statement of the proposed amendments prepared by the committee chair is submitted to the committee for review. The committee members are requested to indicate their concurrence, revision, or rejection of each amendment (Appendix B). The results of the review are synthesized to determine which amendments are to be proposed to the Board. The committee chair submits the committee's report to the Board for consideration at the next Board Meeting (Appendix C). The Board may adopt the draft amendments as submitted, adopt the draft amendments with revision, or reject the draft amendments recommended by the Committee.

   The Board may also approve amendments submitted directly to it or amendments initiated by the Board itself. If such amendments are adopted by the Board, the committee chair may be requested to prepare a draft of these amendments for the Board to review. The draft materials are submitted to the Board for revision and approval. If any substantive revisions in the statement of the amendments are suggested, they are incorporated into a second draft of the amendments and submitted to the Board for additional review and approval. After the final revisions are made in the language of the amendments adopted by the Board, a final report is prepared for the Board.

     After Board approval, the report is distributed to the Association's members at the Business Session of the Annual Meeting for action by the members of the Association (Appendix D).  Subsequently, the amendments adopted by the members in the Business Session are inserted in a revised Constitution and Bylaws for publication in the Proceedings and the MSERA Web Page.

Time Schedule

     Amendments to the Constitution and Bylaws must be approved by the Board prior to presenting them at the Business Session of the Annual Meeting and distributed to the Association’s membership at least thirty days before the Business Session at the Annual Meeting. These requirements mean that proposed amendments considered at the Spring Board Meeting can be placed on the agenda for the Business Session at the same year’s Annual Meeting. Proposed amendments considered at the Board Meeting immediately prior to the Annual Meeting must be placed on the agenda for the Business Session at the next year’s Annual Meeting.

Appendices (from 2005 committee):