M11-016
To: SPEEA
Council Delegates
From: SPEEA
Governing Documents Committee
Subject: PRE-SUBMITTED BUSINESS: Approve
publishing for comment proposed revision of SPEEA By-Laws Section 14.2 –
Processing (Referendums and Constitutional Amendments)
The SPEEA Governing Documents Committee has drafted and
approved a proposed change to the SPEEA By-Laws Section 14.2 which address the
processing of Referendums and Constitutional Amendments. It is the section that
describes how “Pro” and “Con” statements are processed. This amendment needs to
be published twice, for comment, before being accepted or rejected. (SPEEA
constitution Article 15.2.2 - 2 and 15.2.2 - 3)
The proposal
substitutes “For” and “Against” statements with rebuttals for the “Pro” and
“Con” statements. The intention is to simplify the process of producing and
incorporating these statements.
Note that
the process has changed so as a result the timeline for the process has
changed.
One other
clarification is the initiating body, the Executive Board, SPEEA council or
regional council, is the only body that can waive the requirement for written
statements for the referendums it initiates, excluding referendums for recall
from office, affiliation, merger, or borrowing against fixed assets. Also there
is no provision for waiving this requirement if the referendum is initiated by
a petition from the members.
14.2. Processing
Each referendum
submitted for the vote of the membership shall be accompanied by "Pro"
and "Con" statements compiled by interested Council Representatives
unless, by specific action, a majority of Council Representatives voting
removes the requirement of including "Pro" and "Con"
statements with a particular referendum. If this requirement for
"Pro" and "Con" statements is removed, each such referendum
must have the following note appearing with it: "The Council waived Pro/Con statements for this Referendum."
1) The
complete text of the referendum;
2) Written
statements of no more than 250 words in length advocating the members’ approval
of the referendum and advocating the members’ rejection of the referendum;
3) Written
statement of no more than 75 words in length rebutting the statement advocating
approval and the statement advocating rejection of the referendum;
4) A
listing of the names of the committee members composing the written statements;
and
5) If
the referendum was initiated by a resolution of the Executive Board, SPEEA
Council, or Regional Council, the total number of votes cast for and against
the resolution
The Council
Representative compilers shall be appointed by the SPEEA Council Officers
are required within 5 days after the receipt of the initiating document to
appoint a committee to prepare the statement advocating approval of the
referendum, and a committee to prepare the statement advocating rejection of
the referendum. Chairman at the Council meeting at which the Council
authorizes the referendum or at the first Council meeting subsequent to
authorization of the referendum by other than the Council. If the authorized
referendum is not to be sent to the membership until a later date, the
compilers may be appointed at a subsequent Council meeting provided that
meeting is not less than two months prior to mailing of the referendum.
1) The
SPEEA Council Officers shall appoint the initial two members of each committee.
In making these committee appointments, the officers shall consider Council
Representatives, sponsors of the referendum, and other interested groups known
to support or oppose the referendum issue.
2) The
initial two members may select up to four additional members, and the committee
shall elect a chairperson.
3) Each
committee will be allowed 5 days after selection of the initial two members to
prepare the written statements advocating approval or rejection of the
referendum.
4) The
SPEEA Council Officers will gather the written advocating statements and make
them available to both committees.
5) Each
committee will be allowed 3 days after receiving the written advocating
statements to prepare written statements rebutting the statement advocating approval
or the statement advocating rejection of the referendum.
6) The
SPEEA Council Officers will gather all written statements for inclusion into
the referendum package.
Referendum
initiated by a resolution of the Executive Board, SPEEA Council, or Regional
Council may have the requirements for written statements removed by a vote of
the initiating Board or Council as long as the following conditions are met
1) The
referendum issue does not initiate a recall from office, affiliation, merger,
or borrowing against fixed assets.
2) The
vote must remove all requirements for written statements.
The
SPEEA Council Officers are responsible for gathering the votes cast totals for
any referendum resolution for inclusion into the referendum package.
A minimum of
three Council Officers, acting as a Review Committee, shall be responsible for
verifying the truth of these statements and have the authority to request
back-up data from the author(s) and to delete any portions (as little as one
word) of the statement(s)
which cannot be validated. A copy of the quoted text bearing an original
signature of the author shall accompany all statements attributed to other than
the authors.
A maximum of
two representatives for both the Pro and the Con positions will be permitted to
attend the Review Committee meeting, to explain/question both statements, to
make minor word changes to overcome objections, and to provide any needed
back-up data. All Review Committee meetings shall be conducted according to
Robert’s Rules of Order (most recent revision).
"Pro"
and "Con" representatives shall be permitted at least two full
work-days to provide any back-up data required by the Review Committee, but not
available at that meeting. The Review Committee shall specify to whom, at what
time, and at what location such back-up data will be delivered for verification
of the statements.
Each
"Pro" and "Con" statement published shall have the
following note: "Per SPEEA By-Laws,
this statement has been reviewed by the SPEEA Review Committee, which is
composed of Council Officers."
If deletions
are made to any "Pro" or "Con" statement, the following
shall be added to the note specified above: "Portions
of the original statement have been deleted by the Review Committee due to lack
of verification."
The maintenance of the SPEEA Constitution is the responsibility of the
SPEEA governing documents committee. The
committee shall obtain a current copy from the certified electronic copy for
markup. The committee will prepare the document
revision and a non-incorporated revision sheet describing the sections revised
and the description of the revision and the authorizing authority.
The committee Chairman or designee will certify the revised document
prior to distribution. The SPEEA
Constitution will include the endorsements (signatures) of the Committee
Chairman and the SPEEA Secretary.
Motion
It is moved that: THE SPEEA COUNCIL approves
PUBLISHING THE PROPOSED AMENDENT TO SECTION 14.2 OF THE SPEEA BY-LAWS.