ACM SIG Board Bylaw Revision Committee

Proposed Changes to ACM Bylaws

1998-01-10

BYLAW 3. Nominations and Elections

Section 5. Technical Community Board Representatives. A Nominating Committee established by the Technical Communities Board (TCB) is responsible for nominating candidates for the positions of TCB Representatives on the ACM Council.

The TCB Nominating Committee consists of three ACM Members, serving three-year terms ending June 30, one elected each year by the TCB no later than May 31. As soon as possible after July 1 each year, the TCB Nominating Committee will elect a chair from among its members for a one-year term.

The TCB Nominating Committee will nominate at least one more candidate than the number of positions to be filled in each election. No nominee will be concurrently a member of the TCB Nominating Committee. The Committee will submit its report to the TCB no later than February 1 each year.

The candidates for the TCB Representatives positions will be the nominees of the TCB Nominating Committee, plus all petitioners for that office who satisfy the petition process requirement specified in the policies and procedures approved by the ACM Council. All candidates and all persons elected to these positions must be ACM Members and current voting members of at least one Technical Community.

The election process for the TCB Representatives is specified in Bylaw 6, Section 3.

 

BYLAW 6. Technical Communities

Section 1. Purpose of Bylaw. This Bylaw defines the purposes of Technical Communities (TCs), which can be designated as Special Interest Groups (SIGs) or as otherwise approved by the ACM Council; the rules for forming and dissolving them; and the authority of the Technical Communities Board (TCB) and the ACM Executive Committee (ACM EC) in managing them.

Section 2. Purposes of TCs. A TC is a unit of the ACM formed by Members with the desire to pursue significant long-term activity in a technical specialty of interest to the Association. Each TC must have a mission statement, approved by the TCB [SOR 3.1].

Section 3. Technical Communities Board. The TCB is charged with forming TCs, with managing them and setting policies for their management, and with recommending their dissolution, as provided in this Bylaw.

The TCB is comprised of the chief executive officer or designee of each regular TC (defined in Section 4). The TCB will elect a Chair and an Executive Committee (TCB EC) no later than May 31 of each even-numbered year. The terms of office are two years, ending June 30. Policies and procedures governing the election of the TCB Chair and the TCB EC and defining their authority and responsibilities, other than as prescribed in these Bylaws, will be established by TCB policies.

Except for actions specified in these Bylaws or TCB policies that explicitly require TCB approval, the TCB EC has full authority to act on behalf of the TCB between its meetings. The TCB EC is bound by the TCB's actions.

The TCB will elect four representatives to the ACM Council for two-year terms ending June 30, with nominations as specified in Bylaw 3, Section 5. The TCB Chair will serve as one of these representatives, and also will serve on the ACM EC. The other three will be elected no later than May 31, one in each even-numbered year and two in each odd-numbered year.

The TCB will conduct all elections and decide all matters of policy by weighted voting, as follows: Each regular TC is entitled to one vote, plus one vote for each one-thousand voting TC members or fraction thereof. Voting TC membership will be calculated each January 1 for TCB votes taken during that calendar year.

The TCB EC will review each TC periodically and the TCB will formulate a Program Review Policy [SOR 6.0] for this purpose that specifies minimum acceptable levels of TC activity.

One member of the TCB EC will be a Publications Advisor. This member also will be a member of the Publications Board (see Bylaw 4, Section 2), appointed by the TCB Chair with the advice and consent of the Chair of the ACM Publications Board.

Section 4. Formation, Charters, and Mergers. A TC is formed upon approval of a petition for that purpose, in accordance with TCB policies [SOR 7.1]. The status of a TC is either transitional or regular, as defined by TCB policies [SOR 7.2].

A proposal to merge a group of TCs may be initiated by the TCB EC, or by all the executive committees of the TCs in the group, or by a petition including one percent of the members of each TC in the group.

Two-thirds of all members of the TCB may approve the merger if, in a referendum, the majority of returned ballots from each TC in the group approve. The referendum will be conducted under the rules of Section 6 of this Bylaw. The combined assets and liabilities of the old TCs will become the assets and liabilities of the new TC.

Section 5. Structure and Management. Each TC is governed by a set of by laws or default operating rules, which defines the TC's officers and executive committee and which contains minimal provisions agreed upon by the TCB and the ACM EC.

The chief executive officer of a transitional TC is appointed by the ACM President on advice from the TCB Chair, for the lesser of two years or the duration of the TC's transitional charter. This TC officer appoints the Other TC officers, with the advice and consent of the TCB Chair.

The officers of a regular TC are elected by plurality vote of the TC members for two-year terms beginning July 1 in odd-numbered years, unless otherwise provided for in the TC's bylaws. At the end of a two-year term following an election, the TCB EC may exercise an option to extend the term of a TC's officers for an additional two years. Execution of this option is subject to a Policy for Extending the Terms of TC Officers [PP&G 17.4.2.0].

All TC officers, all members of TC executive committees, and all candidates for these positions must be ACM Members, as well as voting members of the TC.

In the absence of provisions in a TCs bylaws, the TCB Chair will appoint an ACM Member to the unexpired term of a vacant office in the TC's executive committee.

The TCB EC will by majority vote settle ties occurring in any TC election or bylaw amendment ballot.

All TC bylaws and all amendments proposed thereto must be approved by the TCB EC and by the Constitution and Bylaws Committee after the ACM Executive Director has provided advice. Bylaws of a transitional TC may be amended by the TCB EC. The bylaws of a regular TC may be amended by a majority vote of the ACM EC, or by a vote of the TC members as specified in the TC's bylaws. With the approval of the TCB EC and of the ACM EC, two-thirds of the members of the TCB may change the name or amend the mission statement of a regular TC without a referendum of the TC's members.

Section 6. Membership, Dues, and Voting Privileges. All members of a TC must pay dues as determined by the TC's executive committee. For all services for which fees are charged, TCs will offer rates in accordance with the following relational formula, unless otherwise provided by TCB policies:

Fees for individuals who are neither ACM Members nor TC members must be greater than fees for TC only members, which must be greater than or equal to fees for ACM only Members, which must be greater than or equal to fees for individuals who are both ACM Members and TC members.
All members of a TC may vote in any ballot or referendum conducted within that TC. ACM Headquarters will conduct each ballot, following procedures approved by the TCB and the ACM EC.

Section 7. Finance. The responsibility for collecting, holding, and disbursing funds is delegated to all TCs under the terms of a Financial Accountability Policy [PP&G 17.7.1.0 and 17.7.2.0]. Should there be disagreement on the interpretation of such a policy, the ACM EC interpretation will prevail unless changed by the ACM Council.

All TC funds are the property of the ACM. Should a TC be dissolved, the TCB EC will supervise the distribution of its funds.

The TCs collectively will be financially self-supporting in accordance with the Financial Accountability Policy. TC collective fund balances, beyond any required reserves [SOR 8.4], may be used for non-TC ACM activities only with the approval of the TCB or of two-thirds of all members of the ACM Council.

Section 8. Reports and Records. The chief executive officer of each TC is responsible for filing reports about the TC as required by the TCB EC. These reports include:

ACM Headquarters will oversee the maintenance of all TC membership records.

Section 9. Removal of Officers. For just cause by two-thirds vote, the TCB EC may remove specific officers or members of a transitional TC's executive committee. For just cause by two-thirds vote, the ACM EC may remove specific officers or members of a regular TC's executive committee. If the ACM EC removes all the officers of a regular TC, that TC will automatically return to transitional status with a two-year charter.

Grounds for removing officers include, but are not limited to: failure to comply with the Constitution, with the Bylaws, with the directives of the ACM Council, the ACM EC, or the TCB, or with ACM policies; failure to adequately carry out the prescribed duties of office; and mismanagement.

During any official deliberations on a proposal to remove from office, the affected individuals have the right to participate or to send witnesses. Should they fail to exercise this right, votes may be taken in their absence.

Section 10. External Relationships. A TC must have prior approval to establish an obligatory relationship with any group or organization outside the ACM. A relationship is "obligatory" if it commits ACM's services, funds, or name. Special relationships--those for which the ACM has no pro forma approval procedure--must be approved by the TCB and the ACM EC. The proposal must specify the nature and duration of the ACM's obligations. The ACM Council must be notified of all special relationships approved. [PP&G 8.7.4.0]

Section 11. Dissolution. A TC may be dissolved only by the ACM Council. If two-thirds of all members of the TCB EC recommend such action, an affirmative majority vote of the ACM Council suffices; otherwise an affirmative two-thirds vote of the entire ACM Council is required. Any proposal to dissolve a TC must include a reasonable plan for accommodating unfulfilled commitments to the TC's members.

The reasons for considering the dissolution of a TC include, but are not limited to: the majority recommendation of the TC's executive committee; failure to maintain sufficient activity or member support; and failure to comply with bylaws and ACM policies over an extended period.

At least sixty days prior to formal action on a TC dissolution proposal, the TCB Chair will publish notice of the proposed action to all ACM members. If one percent of ACM Members, or ten percent of the members of the subject TC, challenge the proposal, the TCB EC will extend transitional status for at least three, but not more than six, months to allow the challengers an opportunity to undertake a revitalization plan, under the TCB EC's direction. If at the end of such probation, the TCB EC is not satisfied with the revitalization attempt, the TCB EC can recommend that the ACM Council dissolve the subject TC.

During any official deliberations on a proposed dissolution action, the subject TC has the right to have a representative participate. If the TC fails to exercise this right, votes may be taken in the absence of a representative.

Section 12. Newsletters. ACM authorizes the publication of TC newsletters. The TC organization and newsletter names are listed in Appendix A of the ACM Policy and Procedures Guidelines Manual.

The annual subscription cost for each TC newsletter is included in the TC member dues. For each TC newsletter that is mailed via second-class, nonprofit rate, the TC member dues and the cost of the subscription are published on the inside front cover of each TC newsletter and on the membership application, and Are reflected in the official ACM budget as a separate schedule, as approved by the ACM Council.

Section 13. Authority. In case of conflict, this Constitution and Bylaw s, the policies set by the ACM Council, the policies set by the ACM EC, and the policies set by the TCB take precedence (in the order stated) over any provisions of a TC's bylaws or internal policies.