The Angelfish Society Bylaws and Membership Compliance Committee met on Sunday, June 1, 2014; and have the following proposed changes to present. A vote will be held at our regularly scheduled meeting after the 60-day public notice period has ended. Voting is expected to occur on Sunday, August 17, 2014.
CHANGE #1
Article 7, Other Committees
CURRENT
Section 2. Any standing committee appointment may be terminated by a majority vote of the full membership of the Board upon written notice to the appointee; and the Board may appoint successors to those persons whose services have been terminated.
PROPOSED
Section 2. Any standing committee appointment may be terminated by a majority vote of the Board of Directors upon written notice to the appointee; and the Board may appoint successors to those persons whose services have been terminated.
REASON: Clarification as to who can vote to terminate committee seat appointment.
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CHANGE #2
ARTICLE VIII: Discipline
Section 1. TAS Club Suspension
CURRENT
Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of TAS or the freshwater angelfish. Charges may also be preferred against a member for not following TAS naming standards when marketing their fish. Written charges with specifications must be filed in writing with the Secretary together with a deposit of $20 which shall be forfeited if such charges are not sustained by the Board following a hearing. The Secretary shall promptly send a copy of the charges to each to each member of the Board or present them at a Board Meeting, and the Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of TAS. If the Board considers that the charges do not allege conduct which would be prejudicial to the best interests of TAS, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges it shall fix a date of a hearing by the Board not less than 3 weeks nor more that 6 weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by registered mail together with a notice of the hearing and an assurance that the defendant may attend in his own defense.
PROPOSED
Any member may prefer charges against another member for alleged misconduct prejudicial to the best interests of TAS or the freshwater angelfish. Charges may also be preferred against a member for not following TAS naming standards when marketing their fish. Written charges with specifications must be filed in writing with the Secretary together with a deposit of $20 which shall be forfeited if such charges are not sustained following a hearing. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at the next Board Meeting.
The Board of Directors shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of TAS; and may either conduct the proceedings or appoint members to an Investigation Committee. If the charges are deemed to not allege conduct which would be prejudicial to the best interests of TAS the governing body may refuse to entertain jurisdiction. If proceedings continue a date shall be fixed to hold a hearing not less than 3 weeks nor more than 6 weeks thereafter. The accused member will receive a copy of the charges by email; or by Certified Mail if acknowledgement is not received within 7 days. Assurance will be conveyed to the defendant that they may attend in their own defense.
REASON: Included the option to establish an Investigation Committee to conduct proceedings, especially if the allegations are made against a member of the Board.
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CHANGE #3
CURRENT
Section 2. Board Hearing
The Board shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard. Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, the Board may by majority vote of those present suspend the defendant from all privileges of TAS for not more that six months from the date of the hearing. And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to a meeting before his fellow-members at the ensuing Club meeting which considers the recommendation. Immediately after the Board has reached a decision, its finding shall be put in written form and filed with the Secretary, The Secretary, in turn, shall notify each of the parties of the Board's decision and penalty, if any.
PROPOSED
Section 2. Hearing
The Board or the Investigation Committee shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard. Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, a majority vote of the governing body will suspend the defendant from all privileges of membership for not more than six months from the date of the hearing. And, if deemed as insufficient punishment, may recommend to the membership penalty of expulsion. In such case, the suspension shall not restrict the defendant's right to a meeting before his fellow-members at the ensuing Membership Meeting. Immediately after a decision has been reached the findings shall be filed with the Secretary; who shall in turn notify all involved parties. Notification will include the governing body's decision and resultant penalty, if any.
REASON: Included the option to establish an Investigation Committee to conduct proceedings, especially if the allegations are made against a member of the Board.
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CHANGE #4
Section 3. Expulsion
CURRENT
Expulsion of a member from TAS may be accomplished only at a meeting of TAS following a Board hearing and upon the Board's recommendation as provided in Section 3 of the Article. Such proceeding may occur at a regular or special meeting of TAS to be held within 60 days but not earlier than 30 days after the date of the Board's recommendation of expulsion. The defendant shall have the privilege of attending in his own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Board's finding and recommendation, and shall invite the defendant, if present, to speak in his own behalf if he wishes. The members shall then vote by secret ballot on the proposed expulsion. A two-thirds vote of those present and voting at the meeting shall be necessary for expulsion. If expulsion is not so voted, the Board's suspension shall stand.
PROPOSED
Expulsion of a member from TAS may be accomplished only at a meeting of TAS following a hearing and upon the recommendation as provided in Section 2 above. Such proceeding may occur at a regular or special meeting of TAS to be held within 60-days but not earlier than 30-days after the date of recommended expulsion. The defendant shall have the privilege of attend on own behalf, though no evidence shall be discussed. The President or Vice President shall read the charges and state the findings and recommendation; and shall invite the defendant, if present, to speak on own behalf. A voting poll will be used to vote on the proposed expulsion. A two-thirds majority vote will be required to enforce expulsion. If expelled the member will forever be barred from the organization; otherwise any existing suspension shall stand.
REASON: Corrected article reference as well as indicating that the President or Vice President would read the changes. This was added to cover the situation where the President is the accused member.
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CHANGE #5
Article 6, Section 2
CURRENT
b. A major or significant mutation will be given the name used by the person doing the documented gene research for that mutation. This research must be reproduced and documented by at least one other person and the research for this gene must be accepted by at least 4 Committee members.
PROPOSED
b. A major or significant mutation will be given the name used by the person who originally discovered the new gene so long as the name does not cause confusion with the existing names of freshwater angelfish genotypes and phenotypes. This discovery must be documented and reproduced by at least one other person; and then accepted by at least 4 Committee members.
REASON: Requested change by Leslie James