MALCS 2014: Proposal for Changes to the Bylaws
from: Mónica F. Torres, Ex-Oficio
(Downloadable version: 2014 by-laws resolutions_MALCS)
At the business meeting of the 2013 MALCS Summer Institute at Columbus, Ohio, a resolution was passed that proposed two changes to the bylaws and two actions in the operating practices of the organization. These are listed below. Voting on the changes proposed by the resolution will take place at the business meeting at the 2014 MALCS Summer Institute in Española, New Mexico.
Recommendation 1: That we change Article VIII, Section 6.B.6. This article/section deals with the functions of the Executive Committee and the duties of the officers. The change recommended below alters the section on the duties of the Chair-Elect.
FROM
. . . call a meeting of the Executive Committee for the purpose of determining whether the Chairperson is unwilling or unable to perform the duties of the Chair; such a meeting must be called in writing with no less than five (5) days notice, and only when the Chair-Elect has a good cause to believe that the Chairperson is unable or unwilling to perform the duties of the Chair;
TO
. . . call a meeting of the Coordinating Committee for the purpose of determining whether the Chairperson is unwilling or unable to perform the duties of the Chair in accordance with Article XI of these Bylaws; such a meeting must be called in writing with no less than five (5) days notice, and only when the Chair-Elect has a good cause to believe that the Chairperson is unable or unwilling to perform the duties of the Chair in accordance with Article XI of these Bylaws; the Chair-Elect shall solicit perspectives of relevant MALCS Committees and allow Coordinating Committee members to express their views on the questions and vote on the question.
Recommendation 2: That we add an item to Article XI, “Article XI. Termination of Elected and Appointed Positions.â€
FROM
Membership on the Executive Committee/Coordinating Committee shall terminate upon occurrence of any of the following events.
- Replacement of the member in an election.
- Written resignation of the member.
- Failure to pay annual dues.
- If and when the Executive Committee determines that the member has, in a material way and to a serious degree, obstructed the goals and purposes of the organization.
TO
Membership on the Executive Committee/Coordinating Committee shall terminate upon occurrence of any of the following events.
- Replacement of the member in an election.
- Written resignation of the member.
- Failure to pay annual dues.
- If and when the Executive Committee determines that the member has, in a material way and to a serious degree, obstructed the goals and purposes of the organization.
- Member is seriously incapacitated or has established a pattern of 1) neglecting to call or attend meetings or 2) not responding to communications of members or other leaders and that either 1) or 2) has prevented the organization from conducting its business.
Recommendation 3: That we make these changes known to MALCS members on the members’ listserv as soon as possible after the Summer Institute.
Recommendation 4: That our expectation of those elected and appointed to national leadership positions is that they will work to resolve conflicts and disagreements that arise among them.
I agree with bylaws change from Executive Committee to Coordinating Committee. This provides for greater voices, participation, and consultation from our representatives. The Coordinating Committee is an advisory body that includes EC members, Caucus Reps and At-Large reps. Including CC provides greater consultation.
Thanks so much for the opportunity to be informed about such changes. I agree with them.
However, despite I am not expert in this kind of terminology, it surprises me when bylaws create open judgements subject to interpretations which will create round circles of discussions. I speak in general and not only about these bylaws. Example, I rather to read in recommendation 1 “… only when the Chair-Elect has made a statement to believe that the Chairperson is unable or unwilling to perform the duties of the”; I say this becasue what is a good cause for a human being is totally different and bad for another one. But if a Chair-Elect mades an statement is because has enough reasons and proves the Chairperson is not qualified or other circunstance has arrived. Thanks so much!
Patricia, thank you for your input and I apologize that no one responded to you before now. In fact, the point you alluded to–about the power to judge resting with the Chair-Elect—came up in the discussion of this proposal at the Business Meeting. It was clarified by members of the Executive Committee that the judgement is not solely made by the Chair Elect, but that she is the only one who can initiate the process. The Chair-Elect would be acting upon the advice and recommendations of MALCS members, and/or members of the Coordinating Committee.