Agenda Item # 22
SUBJECT: Petitions (Article III.D.7. and D.9.)
STATEMENT OF QUESTION:
Should the process of submitting a member petition be refined?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
While member petitions may address any topic of interest they have generally been used in the process of recalling Local Officers from their elected positions. Petitions are recorded with the International Secretary-Treasurer on a relatively infrequent basis, but they normally involve this topic.
At the 2012 Board of Directors Meeting in Los Angeles, the Board made significant changes to Article III.D.9. Since that time, experience in administering member petitions indicates that some relatively minor changes should be considered.
One problem noted that the 120-day time limit is so extended that Local Officers are distracted by the existence of a petition for up to four months. Experience has shown that when the membership truly has a serious concern with the performance of any elected Local Officer, signatures can be secured in a matter of weeks. Allowing a petition to linger over the heads of the elected officers does not satisfy any useful purpose.
Consideration should be given to reducing this time period.
Another problem relates to the ability to immediately record a subsequent petition if the prior one is unsuccessful. This currently can result in a petition causing disruption at a Local Council for two or more 120-day periods, or eight to 12 months if a subsequent petitions follow. While it is desirable for the membership to retain the ability to record a petition for “no cause,” there should be a limit as a petition does cause disruption to the Local Officers ability to provide representation.
Consideration should be given to requiring a show of cause before a second petition is recorded in a 12-month period.
Finally, related to the process for administering a petition and conducting the subsequent Special Council Meeting is the provision that enables a member to carry three proxies.
While the Standard Code of Parliamentary Procedure states that “the use of proxies in organizations in which all members have an equal vote is ill advised..,” our Constitution and Bylaws recognizes that not all members are able to attend any given meeting. Per Article III.D.7, a member in attendance at a meeting Is permitted to carry three proxies. While the right to carry proxies is not in question, the ability of a member to carry four votes on a topic leads to distortion of the results. Typically, when proxies are used, the “proxy campaign” prior to the meeting usually determines the result.
Consideration should be given to reducing the number of allowable proxies.
PROPOSED RESOLUTION:
WHEREAS, member petitions continue to have a valuable function within our democratic organization; and,
WHEREAS, Article III.D.9 was drastically revised in 2012, and is in need of adjustments related to the over-extended length of time a petition is pending, and the prospect of follow-on petitions for no apparent cause or reason making member representation more difficult;
THEREFORE BE IT RESOLVED, that Article III.D.9.a. be revised as follows:
- Petitions
a. Any member who wishes to circulate a petition must first contact the office of the International Secretary-Treasurer to record the statement of the petition. Any petition that is circulated among members of a Local Council must be clearly marked with a single intended purpose. The petition bearer shall have 120 30 days from the date the petition is recorded to submit the final petition to the International Secretary-Treasurer.
BE IT FURTHER RESOLVED, that a new Article III.D.9.f. be added as follows:
f. If an additional petition is to be recorded within the term of office, the petitioner must show cause (for example, a constitutional violation) and present charges to the Hearing Board per the provisions of Article X or present facts to the Ethical Practices Committee per Article XV. If either the Hearing Board or Ethical Practices Committee accepts jurisdiction, then a second petition may be recorded.
BE IT FINALLY RESOLVED, that Article III.D.7 be revised as follows:
- Proxies
Proxies for a Local Council meeting may be issued only for good and sufficient cause. Such proxy must be in writing, from an active member in good standing, and for a specific subject listed on the published agenda. Stated on the proxy must be the name of the person issuing the proxy, the person to whom issued, and the subject covered by the proxy, provided that proxies may not be used in any vote by secret ballot, and that proxy holders be limited to three proxies one proxy.
