ACHE Constitution and Bylaws Proposed Amendments – 2009
Proposed by the ACHE National Bylaws Committee

Proposed Amendment #1: Parliamentary Authority
Bylaws. 
Inserting new Article IX:  Parliamentary Authority

Proposed amendment:  Insert an article that declares the Parliamentary Authority.
If adopted, will read:  “Article IX:  Parliamentary Authority.  The rules contained in the current edition of Robert’s Rules of Order Newly Revised; 10th Edition shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Association may adopt.”
Rationale:  The Bylaws should have an Article that declares the Parliamentary Authority.

Proposed Amendment #2A: Article Headings
Bylaws.  Article IX:  Amendment
Amend by striking out “IX” and inserting “X”

Current wording:  Numbering for Amendment article is currently “IX”. 
Proposed amendment:  Numbering for Amendment article be changed to “X”.
Rationale:  If the Association adopts Amendment #1:  Parliamentary Authority, Article IX would become “Parliamentary Authority” and Article X would become “Amendment”.  Simple renumbering of articles.

Proposed Amendment #2B: Article Headings
Constitution.  Article II:  Aims and Objectives
Amend by striking out “Aims and”

Current wording: “Article II:  Aims and Objectives” 
Proposed amendment:  Heading for Article II be changed by striking out “Aims and”
If adopted, will read:  “Article II:  Objectives” 
Rationale:  Heading is redundant.  Robert’s Rules of Order Newly Revised (RONR) suggests that Article II of bylaws by simply “Object”.  “Objective” would be acceptable as ACHE is an education organization.  Bylaws Committee suggests using “Objectives” as heading for Article II.

Proposed Amendment #2C: Article Headings
Constitution.  Article IV:  Officers and Editors
Amend by striking out “and Editors”

Current wording:  “Article IV: Officers and Editors”
Proposed amendment:  Heading for Article II be changed by striking out “and Editors”.
If adopted, will read:  “Article IV:  Officers” 
Rationale:  Heading is redundant.  The position of Editor is an Officer in the ACHE organizational structure.    Bylaws Committee suggests using “Officers” as heading for Article II.

Proposed Amendment #3A: Article Order
Constitution.  Article V:  Board of Directors and Committees and Article VI:  Meetings
Amend by striking out “Article VI:  Meetings” and inserting “Article V:  Meetings”.

Proposed amendment:  Switch order of Article V and Article VI.
If adopted, will read:  Article V:  Meetings.  Article VI:  Board of Directors and Committees
Rationale:  Robert’s Rules of Order Newly Revised (RONR) recommends that information about meetings precede information about boards of directors in organization ruling documents.

Proposed Amendment #3B: Article Order
Constitution.  Article V:  Board of Directors and Committees and Article VI:  Meetings
Amend by striking out “Article V:  Board of Directors and Committees” and inserting “Article VI:  Board of Directors and Committees”.

Proposed amendment:  Switch order of Article V and Article VI.
If adopted, will read:  Article V:  Meetings.  Article VI:  Board of Directors and Committees
Rationale:  Robert’s Rules of Order Newly Revised (RONR) recommends that information about meetings precede information about boards of directors in organization ruling documents.

Proposed Amendment #4A: Wording Consistency
Constitution.  Article V:  Board of Directors and Committees:  Section 12.
Amend by striking out “ACHE” and inserting “Association”.

Current Wording:  “There shall be at least one representative from each ACHE region.”
Proposed amendment:  Amend by striking out “ACHE” and inserting “Association”.
If adopted, will read:  “There shall be at least one representative from each Association region.”
Rationale:  The term “Association” is used throughout the Constitution and Bylaws.  This is the first instance that the acronym “ACHE” is used.  Should be changed for consistency.

Proposed Amendment #4B: Wording Consistency
Constitution and Bylaws.  All articles as applicable.
Amend by striking out “shall” and inserting “will”.

Proposed amendment:  Throughout document, strike out “shall” and insert “will”.
Rationale:  The current Constitution and Bylaws uses a mixture of “will” and “shall”.  For consistency, the Bylaws Committee suggestions using “will” for continuity and modernity.

Proposed Amendment #4C: Wording Consistency
Constitution:  Article VIII:  Regions.  Section 1.
Amend by striking out “aims and”.

Current wording: “The membership of the Association shall be organized into geographic regions to further the aims and objectives of the Association and to hold regional meetings.” 
Proposed amendment:  Wording be changed by striking out “aims and”. 
If amended, will read:  “The membership of the Association shall be organized into geographic regions to further the objectives of the Association and to hold regional meetings.” 
Rationale:  Wording is redundant.  Also, change would make working consistent with Amendment #2B.

Proposed Amendment #4D: Wording Consistency
Constitution:  Article VII:  Elections.  Section 2. 
Amend by striking out “th”.

Current wording:  “Section 2.  The committee will conduct the election via the Association’s electronic membership access system.  Institutional representatives, and professional, affiliate and honorary members in good standing on June 30th will be able to vote.”
Proposed amendment:  Word format of the date be changed by striking out “th” in “30th”.
If amended, will read:  “Section 2.  The committee with conduct the election via the Association’s electronic membership access system.  Institutional representatives, and professional, affiliate and honorary members in good standing on June 30 will be able to vote.”
Rationale:  Forms in other parts of the document state date as numeral only.

Proposed Amendment #5A: Typographical Error
Constitution:  Article III:  Membership.  Section 2:  Institutional Membership.
Amend by striking out “(University of College)” and inserting “(University or College)”.

Current wording:  “8.  Institutions granted membership in the Association are entitled to publish in their catalog, bulletin, or other publication, the following statement:  The (University of College), having been properly recommended, evaluated, and approved, is an institutional member of the Association for Continuing Higher Education.”
Proposed amendment:  Amend by striking out “(University of College)” and inserting “(University or College)”.
If adopted, will read:  “8.  Institutions granted membership in the Association are entitled to publish in their catalog, bulletin, or other publication, the following statement:  The (University or College), having been properly recommended, evaluated, and approved, is an institutional member of the Association for Continuing Higher Education.”
Rationale:  Change of a typographical error.

Proposed Amendment #5B: Typographical Error
Constitution:  Article VI:  Meetings.  Section 2:
Amend by striking out “constitution” and inserting “constitutes”.

Current wording:  “On matters of business calling for official action by the Association, each institutional and affiliate representative shall have one vote.  Each professional and honorary member shall have one vote.  Association members present at regularly scheduled business meetings constitution a quorum”.
Proposed amendment:  Amend by striking out “constitution” and inserting “constitutes”.
If adopted, will read:  “On matters of business calling for official action by the Association, each institutional and affiliate representative shall have one vote.  Each professional and honorary member shall have one vote.  Association members present at regularly scheduled business meetings constitutes a quorum”.
Rationale:  Change of a typographical error.

Proposed Amendment #6: Separation of Items
Constitution:  Article V:  Board of Directors and Committees.  Section 11.
Amend by striking out “The President shall be an ex-officio member of all committees.” and inserting “Section 13.  The President shall be an ex-officio member of all committees.”

Current wording:  “Section 11.  The President shall appoint such other committees as deemed desirable.  The President shall be an ex-officio member of all committees.”
Proposed amendment:  Amend by striking out “The President shall be an ex-officio member of all committees.” and inserting “Section 13.  The President shall be an ex-officio member of all committees.”
If adopted, will read:  “Section 11.  The President shall appoint such other committees as deemed desirable.”  “Section 13.  The President shall be an ex-officio member of all committees.”
Rationale:  The duties of creation of committees and serving on committees are separate and should be addressed in separate sections.

Proposed Amendment #7A:  Clarification
Constitution:  Article IX:  Amendment
Amend by inserting “in good standing”.

Current wording:  “Any amendment proposed by the Board of Directors or by thirty percent of the membership shall be distributed by the Executive Vice President to the members.”
Proposed amendment:  Insert “in good standing”.
If adopted, will read:  “Any amendment proposed by the Board of Directors or by thirty percent of the membership in good standing shall be distributed by the Executive Vice President to the members.”
Rationale:  It should be clarified exactly what type of membership is needed for amendment.

Proposed Amendment #7B:  Clarification
Bylaws:  Article VII:  Elections.  Section 1.
Amend by striking “in the Newsletter” and inserting “via mail”.

Current wording:  “Section 1.  The Nominations Committee shall report its slate to the membership in the Newsletter.”
Proposed amendment:  Strike out “in the Newsletter” and inserting “via mail”.
If adopted, will read:  “Section 1.  The Nominations Committee shall report its slate to the membership via mail.”
Rationale:  This is the first time the Newsletter is mentioned in the Bylaws.  It must be better defined what the Newsletter is, or that reporting will be sent via mail.  The Bylaws Committee recommends the amendment.  This would cover either postal or electronic mail.  Nominations can be communicated in various ways as technologies and finances allow.

Proposed Amendment #8A:  Membership Categories
Constitution:  Article III:  Membership.  Section 1:  Membership
Amend by striking “institutional, affiliate, professional or honorary.” and inserting “institutional, organizational, professional, student or retiree.”

Current wording:  “Section 1.  Membership  Members in the Association may be institutional, affiliate, professional or honorary.”
Proposed amendment:  Strike out “institutional, affiliate, professional or honorary.” and insert “institutional, organizational, professional, student or retiree.”
If adopted, will read:  ““Section 1.  Membership.  Members in the Association may be institutional, organizational, professional, student or retiree.”
Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8B:  Membership Categories
Constitution:  Article III:  Membership.  Section 2:  Institutional Membership
Amend by substituting.

Current wording: 
“Section 2. Institutional Membership
1. Applications for institutional membership will be accepted from institutions of higher learning which have programs of continuing higher education.
2. The application for membership must be endorsed by the chief administrative officer of the institution.
3. The institution must be accredited by its regional accrediting association.
4. The institution must have a specifically designed program for continuing higher education with a designated administrative officer.
5. Applications for membership shall be accompanied by the application fee.
6. The Board of Directors approves all applicants for membership and must be satisfied that the educational program offered by the applicant institution is consistent with the goals of the Association.
7. The institution shall name one or more persons as representatives of that institution. One of these persons shall be designated to receive and furnish information for the institution and its representatives, and to cast the institution’s vote on matters involving the Constitution and Bylaws of the Association.
8. Institutions granted membership in the Association are entitled to publish in their catalog, bulletin, or other publication, the following statement: The (University or College), having been properly recommended, evaluated, and approved, is an institutional member of the Association for Continuing Higher Education.”
If adopted, will read: 
“Section 2:  Institutional Membership:

1. Institutional membership is open to institutions of higher learning which have programming or administrative units responsible for continuing higher education activities. 
2. The institution must hold current regional accreditation or the international counterpart. 
3. An institutional member can name as many representatives as it wishes. 
4. One of the representatives is designated to cast its vote on matters of the Constitution and Bylaws. 
5. All representatives will receive Association publications, will have voting rights except on matters of Constitution and Bylaws.
6. An institutional member may hold any office.
7. The Board of Directors approves all applicants for membership and must be satisfied that the education program offered by the applicant institution is consistent with the objectives of the Association.
8. Institutions granted membership in the Association are entitled to publish in their catalog, bulletin, or other publication, the following statement: The (University or College), having been properly recommended, evaluated, and approved, is an institutional member of the Association for Continuing Higher Education.”

Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8C:  Membership Categories
Constitution:  Article III:  Membership.  Section 3:  Affiliate Membership
Amend by substituting.

Current wording: 
“Section 3. Affiliate Membership
1. Affiliate membership will be accepted from non-higher education organizations, associations, and agencies which have a major commitment to continuing higher education.
2. The application for membership must be endorsed by the chief administrative officer of the institution, association, organization, or agency.
3. Applications for membership shall be accompanied by the application fee.
4. Associations, organizations, and agencies shall name one or two persons as representatives of the body.”
If adopted, will read: 
“Section 3:   Organizational Membership:

1. An organizational membership is open to non-higher education associations, organizations, and government agencies which have a major commitment to and affiliation with continuing higher education.  
2. An organizational member can name as many representatives as it wishes. 
3. One of the representatives is designated to cast its vote on matters of the Constitution and Bylaws. 
4. All representatives will receive the Association publications, will have voting rights except on matters of Constitution and Bylaws. 
5. An organizational member may hold any office.
6. The Board of Directors approves all applicants for membership and must be satisfied that the education program offered by the applicant organization is consistent with the objectives of the Association.
7. Organizations granted membership in the Association are entitled to publish in their materials, bulletin, or other publication, the following statement: The (organization or agency), having been properly recommended, evaluated, and approved, is an organizational member of the Association for Continuing Higher Education.”

Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8D:  Membership Categories
Constitution:  Article III:  Membership.  Section 4:  Professional Membership
Amend by substituting.

Current wording:
“Section 4. Professional Membership
Professional membership shall be open to individuals whose major commitment is in the area of continuing higher education.”
If adopted, will read:
“Section 4:  Professional Membership

1. A professional membership is open to a person whose major commitment is in the area of continuing education. 
2. This membership is not transferable. 
3. A professional member receives Association publications, has voting rights except on matters of Constitution and Bylaws.
4. A professional member may hold any office.”

Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8E:  Membership Categories
Constitution:  Article III:  Membership.
Amend by inserting.

If adopted, will read:
“Section 5.  Student Membership

1. A student membership is open to any full or part-time student pursing a graduate degree in a field related to continuing higher education. 
2. The student must have an advisor’s signature on the application for student membership. 
3. A student membership is renewable annually for up to three years. 
4. This member has online access to Association publications and has voting rights except on matters of Constitution and Bylaws. 
5. A student member may not hold office.”

Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8F:  Membership Categories
Constitution:  Article III:  Membership.
Amend by inserting.

If adopted, will read:
“Section 6.  Retiree Membership

1. A retiree membership is open to any former Association member upon his or her retirement. 
2. This member has online access to Association publications and has voting rights except on matters of Constitution and Bylaws. 
3. A retiree member may not hold office.”

Rationale:  Necessary to change Constitution and Bylaws to reflect new membership categories.

Proposed Amendment #8G:  Membership Categories
Constitution:  Article III:  Membership.  Section 5.  Honorary Membership
Amend by striking “5” and inserting “7”.

Current wording:  “Section 5.  Honorary Membership”
Proposed amendment:  Strike “5” and insert “7” 
If adopted, will read:  “Section 7.  Honorary Membership”
Rationale:  Necessary for sequencing if Amendments #8E and #8F are adopted.

Proposed Amendment #9: Wording Consistency
Constitution and Bylaws. All articles as applicable.
Amend by striking out “affiliate” and inserting “organizational”.

Proposed amendment: Throughout document, strike out “affiliate” and insert “organizational”.
Rationale: Changes to the membership categories requires this wording change.