Resolution #6/2011 Restructuring Practice Divisions

Here is the latest draft of the resolution to convert Practice Divisions to Interest Groups.  This is to be on the agenda for the June Annual Meeting.

Al

Alfred H. Brand

Mueser Rutledge Consulting Engineers

RESOLUTION FOR BOARD ACTION

JUNE 2011

RESOLUTION #06/2011 - 01

SUBJECT:                  Restructuring of NYSSPE Practice Divisions

SUBMITTED BY:       NYSSPE Executive Committee

WHEREAS,     In 2005 the NSPE changed its governance structure, which resulted in national level practice divisions becoming Interest Groups; the change removed the requirement for the leader of the practice division be a vice-president of NSPE’s Executive Committee and Board; and 

WHEREAS,     Since the NSPE practice divisions were no longer reliant on members contributing directly to their budgets, the NSPE removed the option for members to pay dues to practice divisions at both the national and state level when they renew their membership on-line; and

WHEREAS,     Since members renewing on-line can no longer designate a portion of their dues to the NYSSPE practice divisions, the administration of the NYSSPE practice divisions has become difficult; making it impossible to identify paying and voting members of each division; and

WHEREAS,     The inability to accurately identify the members creates a liability within the governance structure whereby the Chairs who have a vote on the Executive Committee and Board of Directors represent a small, relatively inactive constituency, which are not in compliance with the NYSSPE Constitution & By-Laws, due to the inability to fill all leadership positions; and

WHEREAS,     It has become necessary to streamline the governance structure of the organization, in order to more easily achieve a quorum at meetings and to cut down on the administration necessary to maintain this additional layer of governance; and

WHEREAS,     There is no uniformity or consistency in the value provided to members by each of the practice divisions for the dues that are charged; and

WHEREAS,     The recent membership survey that was conducted showed an overwhelming indifference to practice divisions in their current format; and

WHEREAS,     It would improve the branding of NYSSPE if we followed NSPE’s lead and comply with their governance by treating these as interest groups;

NOW THEREFORE BE IT RESOLVED:        That the NYSSPE Board of Directors approve the reorganization of the Practice Divisions into Interest Groups to improve the NYSSPE’s governance and administration; as well as increase their value to the membership.

AND MAY IT BE FURTHER RESOLVED:      That the Practice Division Rules of Governance be dissolved, as such relevant matters have been incorporated into the following changes to the NYSSPE Constitution & By-laws:

ARTICLE V - PRACTICE DIVISIONS INTEREST GROUPS

SECTION 1.

The State Society, to further its constitutional objectives, may authorize the establishment of Practice Divisions Interest Groups.  The accreditation or the dissolution of Practice Divisions Interest Groups.  shall be the responsibility of the Board in compliance with the provisions of the Bylaws.

ARTICLE VII - OFFICERS AND DIRECTORS

SECTION 5.

Practice Division Chairs elected in accordance with NYSSPE Bylaws shall be Vice Presidents of the Society.  They shall be elected in odd numbered years for a two (2) year term, but none shall serve more than three (3) consecutive elected terms.

SECTION 6. 5

ARTICLE VIII - NOMINATIONS AND ELECTIONS

SECTION 5.

Practice Division officers shall be nominated and elected as provided in the Bylaws.

SECTION 6.

Upon the death, resignation or removal of the President from office the unexpired term shall be filled by the President-Elect.  A vacancy in the office of President-Elect shall be filled by the next regular election.  A vacancy occurring in the office of Area Vice President shall be filled by the Board by selection from the membership within the geographical area in which the vacancy occurs.  Should a vacancy occur in any other elective office of the Society or in the Nominating Committee, the vacancy for the unexpired term shall be filled by appointment by the Board.  A vacancy in the office of Vice President for a Practice Division shall be filled by the duly elected Vice Chair of the respective Practice Division.

ARTICLE X - DUTIES OF OFFICERS

SECTION 5.

Vice Presidents shall coordinate the activities of their respective Chapters and Practice Divisions with those of the Society.

BYLAW IV – COMMITTEES

(c)    The Strategic Planning Committee shall consist of the President-Elect, who shall serve as Chair, the President-Elect nominee, the senior Area Vice President, the Treasurer and one Practice Division Vice President Interest Group Chair, to be selected by the President of the State Society; the Executive Director shall be an ex-officio member.  Additional members may be appointed as necessary and/or desirable.

BYLAW XIV - PRACTICE DIVISIONS  INTEREST GROUPS

SECTION 1.

(Authorization)  The Board may authorize and charter state Practice Divisions Interest Groups comprising members having common professional employment and interests to operate under the Constitution and Bylaws of the State Society.  The Board shall approve the scope of activities and the sphere of interest of such Division group. Prospective Interest Groups shall petition the Board with a resolution outlining their intentions and how it contributes to the NYSSPE Strategic Plan 30 days prior to the meeting.

SECTION 2.

(Objective)  The Practice Division  Interest Group shall be so conducted as to provide effective forums for discussion and united action on the part of the members. grouped according to type of professional employment, for the enhancement and betterment of professional recognition and status, conditions of employment and other matters of mutual welfare.

SECTION 3.

(Membership)  Participation in any Practice Division  Interest Group at the state level shall be open only to all members of the State Society. having professional employment or interests in common with the Division. 

SECTION 4.

(Organization)

(a)    Officers.  The officers of each Practice Division shall consist of a Chair, Vice Chair, and a Secretary.  Officers shall be elected by the membership of each Practice Division on the ballot in odd-numbered years and shall hold office for two (2) years.  Each Practice Division shall have a Nominating Committee which shall report a proposed slate of officers bi-annually at the Fall Meeting of the Division and submit same to State Society Headquarters no later than December 1st of the year in which the election shall take place.

(b)    Duties of Officers.  Officers shall assume the duties usually performed by officers in the same position, subject to rules which may be adopted by the Division and approved by the Board.

(c)    Executive Committee.  The officers shall constitute the Division Executive Committee. The Division Executive Committee shall maintain contact with similar Practice Divisions at the National, State and Chapter levels.  It shall conduct the business and activities of the Division during the time between general meetings and shall make the necessary arrangements for the general meetings.

          Each Interest Group shall have a Chair that is chosen by the members of the Interest Group prior to

          the start of each fiscal year.

         

SECTION 5.

(Meetings)  Each Practice Division  Interest Group shall hold at least one general meeting each year at the time and place of the Annual Meeting of the State Society.  The Division Executive Committee may hold meetings in addition to the annual meeting.  Meetings of the Executive Committee shall be open to Division participants. meetings at the discretion of the Chair.

SECTION 6.

(Funds)  Any Practice Division  Interest Group may establish a fund for the purpose of promoting or forwarding its special objectives.  The method of securing this fund shall be approved by the Board.  The Treasurer of the State Society shall be the custodian of all Practice Division Interest Group funds and the Division Interest Group shall approve all expenditures of these funds, by submitting a budget to the Treasurer prior to the start of each fiscal year.  Expenses incurred through Interest Group activities are charged to the appropriate fund and must be submitted with receipts.

SECTION 7.

(Minutes)  Minutes shall be kept of all meetings of Interest Groups. Practice Divisions and of their Division Executive Committees and copies thereof shall be filed in the office of the State Society as soon as possible after the close of such meetings.  An annual report outlining the Division's activities for the year, including financial statements, officers, etc., shall be made to the Board.

SECTION 8.

(Representatives)  The duly elected Chair of each Practice Division shall be a Vice President of NYSSPE.  The Chair will present and discuss the Division's business at meetings of the Board and the Executive Committee under the normal rule of procedure.

SECTION 9.8

(Activities)  Practice Division Interest Group activities shall be devoted to matters of professional interest in accordance with the NYSSPE Strategic Plan. such as professional development, recognition and status, conditions of employment and mutual welfare.  Practice Divisions shall not engage in any of the following business activities except as specifically authorized by this Charter or as directed by the Board; namely, finance, membership, organization and publication.  State Headquarters shall provide the office services required for operation of the Practice Divisions.

SECTION 10.

(Chapter Practice Divisions)  Practice Sub-Divisions may be formed at the chapter level, either by some of the members of a chapter or by members drawn from several neighboring chapters, as required for effective operation.  The activities of such Divisions shall be consistent with the constitutions and policies of the local, state and national societies.

SECTION 11.

(Policies.) 

(a)    Programs.  All proposed programs or other activities to formulate or to implement existing State Society policy shall be submitted for approval by the Board.

(b)    Coordination.  All public statements, recommended policy action or any action affecting other Practice Divisions Interest Groups or other segments of the State Society shall be processed or released in accordance with the regular procedure of the State Society.

(c)    Policies. The Board shall adopt without modification, reject or return for further consideration, any recommended policy or statement submitted by any Practice Division Interest Group.

(d)    Governance. The business of the Practice Divisions Interest Groups shall be conducted as outlined in the “Rules of Governance and Operation of the Practice Divisions of the New York State Society of Professional Engineers” as approved by the NYSSPE board of directors November 18, 1995. ByLaw IV - Committees

SECTION 12.

(Revocation)  The Board may dissolve any Practice Division Interest Group upon the request of that Division group or if an Practice Division Interest Group fails to comply with the Constitution and Bylaws or the policies of the State Society.