NEW YORK NURSE: August 2012
The NYSNA Board of Directors has approved presentation of the following proposed bylaw amendments to the 2012 Voting Body:
Rename Section 2. Organizational Affiliates to: Section 2. Affiliates
Add new A. and B. as follows, and insert “C.” before Organizational Affiliates (provisions for Organizational Affiliates will not change)
A. Individual Affiliates
An Individual Affiliate is one:
B. Nursing Student Affiliates
A Nursing Student Affiliate is one:
Section 1. Names
Add h) Council of Nursing Students
RATIONALE: This proposal creates a vehicle for student nurses to actively participate. It makes consistent certain terminology in this section and assures affiliate individuals and groups are represented in the bylaws.
Section 3. Terms, letter b)
Add at the end of the sentence, “provided, however, that terms of office held prior to the 2012 election of officers and directors shall not be counted in calculating an officer’s or director’s term limits.”
The Section will read: “No officer or director shall serve more than two consecutive terms in the same office nor a total of more than nine consecutive years on the Board of Directors, provided, however, that terms of office held prior to the 2012 election of officers and directors shall not be counted in calculating an officer’s or director’s term limits.”
RATIONALE: This proposal makes sure that Board members whose terms are not otherwise up for election are not negatively impacted by term limits.
The following proposed amendment adding a new Article XX was submitted by member Susan Casadone; it was vetted by the Commitee on Bylaws and reviewed by the Board of Directors. The Board of Directors is recommending that it not be adopted.
NYSNA may affiliate or disaffiliate with any other organization upon an initial directive from 2/3 of the membership present and voting at any meeting of the voting body authorizing sending such a proposal to the membership.
Within thirty days after the voting body meeting, the board of directors shall develop and distribute a clear, non-partisan report regarding the proposed action to all NYSNA members.
Within ten days after distribution of the non-partisan report, each NYSNA member will be sent a ballot on which to cast a vote supporting or opposing the proposed affiliation or disaffiliation. This ballot must be returned within 30 calendar days.
If affiliation or disaffiliation with more than one organization is involved, each proposed action will require a separate report and ballot question.
The board of directors will proceed with the affiliation or disaffiliation action only if the proposal is approved by 2/3 of the legal ballots returned from a minimum number of members equal to or greater than that necessary to establish a quorum at a regular meeting of the voting body. This quorum requirement shall include the necessity that ballots are representative of all designated geographic areas.
RATIONALE: The decision to affiliate or disaffiliate with/from another organization can have far reaching consequences, both good and bad, to the association and each individual member. The board has the resources available to prepare a non-biased report of the essential facts that each member will need to make an informed decision. Members should know what the financial cost will be to them as individuals, and how the action will impact the Associations autonomy and economic security. The Association has seen two affiliations and two disaffiliations in the last decade and each time the rift in the NYSNA cloth grows. If we are to preserve our nurses association then we must have full support from our members across the state. Only through this absolute transparency can we rebuild the trust we need to move forward.
Section 3. Functions
Add new Paragraph y) as follows:
y) affiliate with or disaffiliate from any organization subject to approval by a majority of the members voting either at a meeting of the Voting Body and/or by ballot.
RATIONALE: The Executive Committees of the Board & DA discussed and thoroughly analyzed the proposal sent to us from the Bylaws Committee on June 14. Background included the following:
With input from legal counsel and the Association’s parliamentarian, the Board overwhelmingly recommended the alternative proposal (above) that we believe captures the intent of the original proposal, but is structured in a manner that:
The alternate proposal, along with the summary of the discussion, was shared with the Board, the Delegate Assembly, the Bylaws Committee and the member who submitted the original proposal. At a meeting held on July 16th, both the Board and the Delegate Assembly voted—by an overwhelming margin--to recommend the above proposal to the Voting Body and not to recommend the original proposal. The member who submitted the original proposal may either submit it to the Voting Body at the annual meeting or withdraw it.
The following proposed bylaws amendment was submitted by member Susan Casadone on July 31, 2012. Neither the Committe on Bylaws nor the Board of Directors has been able to review its impact to the organization prior to printing because of member notification requirements. That review process will take place and members may be informed of the Board’s findings prior to or at the annual meeting.
Add new (d) at end of second sentence of first paragraph to read:
nor (d) seated in another elected position (as defined in section 5) that would need to be vacated prematurely in order to assume the new responsibility (as per section 5).
RATIONALE: Bylaws allow members to hold one elected position at a time. If a member has been elected to a position, as defined in Section 5, that member should honor the commitment made and the choice made by the membership and complete the term elected for, unless prevented from doing so by personal reasons. I don’t think that people should be running for positions when they are already sitting in one because, if elected to a new position, the association must now fill the unexpected vacancies.