REPORT OF COUNCIL ON CONSTITUTION AND BYLAWS
CCB Report 4-A-07
Subject:RFS and TexasDelegation Operating Procedures
Presented by:Drew W. Alexander, MD, Chair
Referred to:Reference Committee on Financial and Organizational Affairs
With the May 2006 House of Delegates approval that a resident special appointee serve on the TMA Board of Trustees (Res. 108-A-06), the Resident and Fellow Section wishes to amend its operating procedures to include the special appointee on its Governing Council.
In addition, the Texas Delegation to the AMA has completed a review of its operating procedures, the most recent review having been in 2000. Several changes to streamline current process and to accurately reflect activities have been suggested.
On the following pages, language to be added is underlined; language to be deleted is marked through.
Recommendation 1: Approval of proposed change to the Resident and Fellow Section Operating Procedures.
Recommendation 2: Approval of proposed changes to the Texas Delegation to the AMA Operating Procedures.
Proposed Change to Resident and Fellow Section Operating Procedures
EXECUTIVE COUNCIL
5.11 Composition . The section's chair, chair-elect, immediate past chair, secretary, resident appointee to the TMA Board of Trustees , and delegates and alternate delegates to the Texas Medical Association House of Delegates shall serve as voting members of the Executive Council.
Proposed Changes to Texas Delegation Operating Procedures
1.0 Purposes
1.1 The primary purpose of the delegation is to represent the policies of the Texas Medical Association within the House of Delegates of the American Medical Association by :
1.11 Presenting and supporting resolutions of the TMA House of Delegates at AMA reference committees and on the floor of the AMA house;
1.12 Representing previous TMA policies and positions at AMA reference committees and on the floor of the AMA house; and
1.13 Testifying and voting, in the absence of TMA or Texas Delegation policy, according to the perceived best interests of the profession at the national, state, and local levels .
1.2 Other purposes of the delegation are to:
1.21 Promote Texas physician and medical student membership in the AMA;
1.22 Promote within Texas the value of the medical federation;
1.23 Maintain close personal liaison with other AMA delegates, AMA officers, and members of AMA councils and committees;
1.24 Work for the election and/or appointment of qualified Texas physicians and medical students to positions of leadership within the AMA;
1.25 Nominate distinguished Texas physicians for receipt of various AMA awards; and
1.26 Communicate AMA policies and actions to TMA members; communicate TMA policies to the AMA leadership (officers, councils, committees) and to the AMA House of Delegates .
2.0 Composition
The delegation shall be composed of those delegates, alternate delegates, and delegates emeritus elected or appointed as provided in TMA Bylaws 7.40, 8.23 and 2.31.
3.0 Officers and Elected Positions
3.1 The officers of the delegation shall be a chair and two vice chairs. Only delegates shall be eligible to serve as officers. The term of officers shall be one year, but they may be elected to subsequent terms.
3.2 Two members-at-large shall be elected to the Delegate Review Committee. Both delegates and alternate delegates shall be eligible for election. The term of the members-at-large shall be one year, but they may be elected to subsequent terms.
4.0 Election Procedures
4.1 Officers and other elected positions of the delegation shall be elected by TMA delegates and alternates annually at the meeting of the delegation held in conjunction with the TMA Winter Conference.
4.2 A quorum of 51 percent of the elected and appointed delegates and alternate delegates must be present at the election meeting.
4.3 Voting for contested elections for chair and the two vice chairs shall be by written ballot with separate elections held for each office.
4.4 Voting for members-at-large of the Delegate Review Committee may be by voice or written ballot at the discretion of the chair. Separate ballots will be held for each position.
4.5 A majority vote is required to elect. If there are three or more nominees, and none receives a majority vote on the first ballot, the nominee with the least number of votes shall be dropped and balloting shall be between the remaining nominees. This process shall be continued until one nominee receives a majority vote.
4.6 Vacancies in the office of chair or vice chair shall be filled at the next regularly scheduled meeting of the delegation as provided in 4.2, 4.3, and 4.5.
4.7 Vacancies in the position of member-at-large of the Delegate Review Committee shall be filled at the next regularly scheduled meeting of the delegation as provided in 4.4 and 4.5.
4.8 Nomination speeches of no more than two minutes duration may be made for the office of chair. Seconding speeches are not permitted.
5.0 Delegate Review Committee
5.1 The Delegate Review Committee shall be composed of the chair, the two vice chairs and two members elected at large by the delegation.
5.2 The committee shall evaluate each delegate and alternate at the completion of each term in regard to attendance, preparation, adequacy of service, and any other parameters the delegation has adopted. If such activity is considered inadequate, the committee shall counsel the individual to display greater involvement, or, if a candidate for reelection, may request withdrawal of his or her candidacy.
5.3 The committee shall evaluate the candidacy for reelection of each delegate who has (1) served six (6) terms, or (2) who will be past the age of 75 at the time of reelection, or (3) who, in the judgment of the committee, is substantially retired from his or her activities in the profession of medicine, whether that be clinical practice, teaching, or administration.
5.4 The committee shall counsel against seeking reelection in the circumstances provided in 5.3 unless the delegate is either (a) a current officer of the AMA, a member of an AMA board, council, or committee or a candidate (or potential candidate) for them; or (b) a recent past member of these entities.
5.5 Each delegate and alternate delegate shall respect the decision of the committee regarding reelection or withdrawal unless the individual can present substantial extenuating circumstances, in which case an appeal may be made to the delegation.
6.0 Delegation Committees
6.1 General. The delegation may establish internal ad hoc committees as deemed necessary. The chair and members of each committee shall be appointed by the delegation chair. Committees shall meet at the request of the chair.
6.2 Awards and Recognition Committee. The Awards and Recognition Committee shall identify Texas physicians, medical students, or laypersons who can be nominated to receive AMA service and science awards. The delegation must approve all nominations.
6.3 Communications Committee . The Communications Committee shall: (a) identify AMA activities of greatest value to physicians, and (b) develop effective means to communicate this information to TMA members. The committee also shall assist in the orientation of new members of the Texas Delegation.
6.4 Delegation Affairs Committee. The Delegation Affairs Committee shall work with the delegation leadership to identify and implement policies and programs to enhance the effectiveness of the delegation in its interface with other state societies, specialty societies, and section and service delegations; periodically review the delegation operating procedures, rules and procedures, and recommend changes as needed; evaluate delegation effectiveness, provide long-range planning and make recommendations to the chair for more effective utilization of the interests and expertise of the delegation with special emphasis upon integrating alternate delegates into delegation affairs delegates and alternates ; and perform such other duties as directed by the delegation chair to best serve the interests of the delegation, TMA, and Texas physicians.
6.5 Membership Committee . The Membership Committee shall: (a) review the status of AMA membership within the state, and (b) develop and implement an annual program of AMA membership recruitment and retention. The committee shall coordinate its activities with the general membership programs and activities of TMA and its component district and county societies.
6.6 Nominations Committee . The Nominations Committee shall identify and nominate physicians for service as members of various AMA boards, councils, committees, or commissions, and also may consider candidates for AMA officer positions. Nominations for elective positions shall be submitted to the delegation for approval; nominations for non-elective positions may be made by the committee directly to the AMA at any time; however, prior consultation with the delegation is desirable. When prior consultation is not feasible, the committee shall inform the delegation of its actions immediately by written notice, and a full report shall be provided to the delegation at its next meeting.
7.0 Meetings
The delegation shall meet at the time of TMA Winter Conference, regular sessions of the TMA House of Delegates, and on other occasions, including meetings held in conjunction with meetings of the AMA House of Delegates TMA meetings upon the call of the chair or at the request of a majority of the delegation .
8.0 Delegates Emeritus
8.1 Delegates emeritus may be appointed by the president of the association upon the recommendation of the chair as provided in TMA Bylaws 7.20.
8.2 The chair may nominate for appointment to the position of delegate emeritus a delegate who has given exceptional service, has demonstrated continued competence, and is judged to be of unique and continued value to the function of the delegation.
8.3 A delegate emeritus shall have seat and voice in the delegation on all matters.
9.0 Seniority of Delegates and Alternate Delegates
9.1 In elections for new alternate delegate positions, should two or more alternate delegates be elected on a single ballot, the speaker of the House of Delegates shall be asked to announce the order in which the alternate delegates were elected (not the actual number of votes received), and the alternate delegate who receives the largest number of votes shall be considered by the delegation to be senior to the alternate delegate who receives the next largest number of votes.
9.2 Should only one alternate delegate be elected when a single ballot is being used to fill three or more positions, that alternate delegate shall be considered by the delegation to be senior to any alternate delegate elected on a subsequent ballot.
9.3 Delegates who surrender their positions to qualify for service on the AMA Council on Ethical and Judicial Affairs or the AMA Board of Trustees and are subsequently reelected will move to the senior alternate delegate position, with usual seniority rules prevailing if two or more former delegates return simultaneously.
9.4 Unless otherwise provided, seniority will continue unchanged as alternates progress to full delegate status.
10.0 Seating of Alternate Delegates
10.1 In the event of a delegate vacancy occurring during an AMA meeting, the alternate delegate having the greatest seniority shall be seated as a delegate.
10.2 Temporary replacement of a delegate by an alternate delegate during a portion of a meeting of the AMA house shall not necessarily be subject to the provision of 9.1 but may, with the approval of the chair and vice chairs, be on the basis of special expertise or availability.
10.3 With the concurrence of a delegate and majority vote of the delegation, an alternate delegate may be elevated to delegate status on a temporary basis for a specified period of time in the delegate's position. This procedure may be utilized when an alternate delegate is a candidate for elective position and such status would enhance the ability to be elected.
10.4 TMA staff shall assist delegation members in securing proper credentials.
11.0 Delegation Reports
11.1 An annual budget for delegation operations shall be prepared by staff and submitted to the TMA Board of Trustees if requested by the board.
11.2 The delegation shall submit reports for regular sessions of the TMA House of Delegates. The reports shall be drafted by staff and edited and approved by the delegation approved by the chair and shall include:
11.21 Disposition of TMA resolutions by the AMA House of Delegates.
11.22 Major actions of the AMA House of Delegates .
11.23 Status report of Texas physician and student membership in the AMA.
11.24 Identification of "new" Texas physicians and students (1) holding AMA elective offices, and (2) appointed to AMA councils and committees.
11.3 A summary report on AMA actions and TMA resolutions shall be prepared by staff immediately following each AMA House of Delegates session and distributed to delegation members and others meeting with the delegation. This report will assist delegation members in reporting to their county medical societies and to members of the TMA House of Delegates. This same summary information shall be provided in the next issue of Action and Texas Medicine, and on the TMA Web site following the AMA meeting.
12.0 Delegation Rules and Policy Guidelines
The delegation may adopt such rules and policies for its internal activities as the delegation considers necessary. Such rules and policies shall not conflict with these operating procedures and shall not be subject to approval of the House of Delegates before implementation.
13.0 Amendments
13.1 Amendments to these operating procedures may be made by majority vote of the delegation at any meeting of the delegation, provided that the proposed amendments are circulated to the delegation at least two weeks in advance of the meeting. At the discretion of the delegation chair, advance notice may be waived.
13.2 A quorum of 51 percent of the delegation membership must be present at the meeting at which the vote is taken.
13.3 Any amendments to these operating procedures accepted by the delegation shall be submitted to the TMA House of Delegates through the Council on Constitution and Bylaws as provided in TMA Bylaws 7.10 and shall take effect immediately upon approval by the TMA House of Delegates.
TMA House of Delegates: TexMed 2007