Bylaws and Standing Orders Minute 11/2002

Last revised January 2003

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Bylaws and Standing Orders

(Minutes - November 2002)

The ASLCS Committee on Bylaws and Standing Orders met at the Renaissance Pere Marquette Hotel in New Orleans, Louisiana on November 16, 2002. The meeting was called to order at 9:02 a.m., by the Chairman, George Bishop. The following members were in attendance:

George Bishop, VA
Jeannine Wood, ID
Diane Bell, FL
J.R. Rodrique, CO
Bruce Jamerson, VA

Ann Cornwell, AR
Suzi Lowell, AK
Joe Blough, OK
Sharon Carter, TX
Cheryl Laube, AZ

The minutes from the committee meeting in Portland, Oregon were distributed. Diane Bell moved that the minutes be approved. Cheryl Laube seconded the motion. The motion carried.

The updated Standing Order Index and the Joint Index to ASLCS Bylaws and Standing Orders as submitted by Mike Linn were distributed. Sharon Carter moved that the new indices be adopted. Diane Bell seconded the motion. The motion carried.

The committee discussed clarifications to the bylaws regarding voting members and designating proxies. Several sample bylaws amendments were distributed at the meeting.

The intent of the voting requirements is to allow each state two votes if there is a principal and an associate member from that body. The principal designates which associate member from their body votes. The current language includes as a voting member any member of the Executive Committee not otherwise entitled to a vote. Historically, the designation of an associate to cast the associate's vote for a state, insular possessions or territories at the annual meeting has not been a major problem. However, the current language in the Bylaws regarding this topic has been the source of some confusion and needs to be clarified.

In regards to proxy voting, with the current travel restrictions that have been imposed in a number of states, the lack of a quorum could be a future problem and proxy voting should be clearly defined.

During the discussion, it was clear that committee viewed the principal as the designating authority for associate voting members. The committee also agreed that a principal should continue to be allowed a proxy vote and that method by which proxy voting takes place should be defined in the Standing Orders instead of the Bylaws.

Committee members at the meeting agreed to submit the following recommended changes to the Bylaws to the full committee via email, with the understanding that the committee would take action on these recommendations at the next committee meeting:

MEMBERS--The membership shall ...

Legislative employees designated by the Clerks and Secretaries may be associate members. The names of associate members shall be submitted in writing by the appropriate appointing authority to the Secretary-Treasurer of the Society and shall be officially recorded. An associate member shall remain a member until such time as the appointing authority or a successor shall order in writing that the name of the associate member by removed from the record. Any former member of the Society may maintain an associate membership by notifying the Secretary-Treasurer and pay yearly dues at the associate level. Associate members shall be non-voting members except as provided in (b)and (c) below.

A voting member shall be one of the following:

(a) the duly elected or appointed Clerk and Secretary of each legislative body of the fifty states and the insular possessions and territories of the United States of America; and

(b) The Chief Assistant or Deputy Clerk or Secretary, or a person in an equivalent position as determined by the appropriate legislative body; and one associate member of each legislative body of the fifty states and the insular possessions and territories of the United States of America, determined by using the following criteria, in the order listed:

(2) an associate member as designated by the appropriate Clerk or Secretary.

VOTING--Each legislative body of the fifty states, the insular possessions and the territories shall have two votes, which shall be cast by the voting members of that body, or ana proxy appointedproxy from that body by the Chief Clerk or Secretary. The Executive Committee shall determine the appropriate method by which proxies are appointed.

Similarly, the committee agreed to forward the following addition to the standing orders regarding guidelines for voting by proxy to the full committee via email with final action to be taken on this proposal at the meeting in Columbus:

Section XXIII: VOTING BY PROXY

A Chief Clerk or Secretary may designate a proxy to vote at the Annual Business Meeting in their absence. To properly designate a proxy, a Chief Clerk or Secretary shall complete the ASLCS Proxy Form and submit it to the Secretary-Treasurer of the Society prior to the Annual Business Meeting.

A proxy form would be attached to the Standing Orders. The following form was recommended:

AMERICAN SOCIETY OF LEGISLATIVE CLERKS AND SECRETARIES

VOTING PROXY

PRINCIPAL MEMBER

Name:__________________________________________________________________

Chamber: _______________________________________________________________

State or Territory: _________________________________________________________

This is to certify that, as a principal member of the American Society of Legislative

Clerks and Secretaries, I do hereby designate ___________________________ to cast

(name)

my vote at the Annual Business Meeting of the Society to be held ____/____/___ in

(date)

______________________.

(location)

______________________________ ____________________

Principal signature Date

Return the completed proxy to the Secretary/Treasurer prior to the business meeting.

Since the associate voting member is appointed by the Chief Clerk or Secretary, the committee determined that the need did not exist for developing a proxy form for associate members. The Clerk or Secretary would simply designate another associate as the voting member should the original voting member be absent from the Business Meeting.

The Bylaws Committee will vote on the changes to the Bylaws and Standing Orders at the Winter meeting in Columbus.

A recommendation was made by Susan Schaar that an explanation of the difference between Bylaws and Standing Orders be printed as a forward to the official copy of the Standing Orders. The committee agreed to this idea, and a proposal will be submitted in Columbus. Also, it was noted that since the Standing Orders are now arranged in alpha order, the Publication Standards, which are incorporated as a section in the Standing Orders, should also be arranged in alpha order. Currently, this is not the case.

There was no further business to come before the Committee. Bruce Jamerson moved that the meeting adjourn and Jeannine Wood seconded the motion. The motion carried. The meeting adjourned at 10:00 a.m.

For more information about ASLCS, write or call:

Joan Barilla
National Conference of State Legislatures
7700 East First Place
Denver, CO 80230
Phone: 303/856-1349
FAX: 303/364-7800
E-mail: joan.barilla@ncsl.org