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PROPOSED BYLAWS AMENDMENT SUBJECT FOUR – EMERGENCY PROVISIONS

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Chapter VIA Summary
As noted above, during this pandemic the Committee realized that PAMED lacked emergency bylaws to provide guidance to both the House and the Board should another event occur in the future that disrupts the holding of a member meeting. To that end, the Committee proposes a new chapter to the bylaws, Chapter VIA (Emergency Provisions), that will take effect only when activated by the Board. Emergency bylaws from the American Medical Association and the Tennessee Medical Association were used as a starting point for discussions by the Committee.

Section 1 requires the Board of Trustees to determine that an emergency condition exists that triggers the cancelling of a meeting under Chapter VI, Section 1, or other meeting of the House of Delegates. Under Chapter VI, Section 1, the Board may cancel or change the date or place of the annual meeting in case of strikes, government regulations, catastrophes, or other reasons beyond the control of this Society. Section 1 also authorizes the Board to request the advice of committees of the Board and to refer matters related to the House of Delegates to the Speaker of the House.

Section 2 states that regularly scheduled elections of the Society will be suspended during the period of the emergency condition. However, as delineated in Section 1 and other proposals from the Committee, the Board and the Speaker may determine alternative formats for the holding of elections. This provision will provide stability for the Society by allowing current office holders to continue in office during such emergency condition.

Section 3 provides that current board members will remain in office during the pendency of the emergency condition to provide for continued stability as with Section 2. If elections can be held, or once the emergency condition ends and elections are scheduled, terms of office shall proceed as provided for in these bylaws.

Section 4 provides that tenure in office, i.e. term limits, are not affected during the emergency condition. As an example, a board member in his or her eighth and final year in office may continue in office until elections can be held. As with Sections 2 and 3, this will provide stability for the Society during unprecedented times.

Section 5 provides for the reduction of the quorum requirements for the Board to act during an emergency condition. The Committee chose a percentage (20%) instead of a specific number of board members to account for any future additions or reductions to the number of board seats. Regardless of whether the board increases or decreases in number, the Board will need a minimum of 20% of its members to conduct business.

Section 6 provides that the bylaws of the Society remain in effect during the emergency condition. When there is a conflict between a provision in Chapter VIA and another Chapter, the provision in Chapter VIA will apply during the emergency condition.

Section 7 provides that actions taken during an emergency condition shall have the same force and effect as actions taken outside of an emergency condition. In addition, board members will be subject to Chapter XIV, Section 16 (Liability of Board Members and Officers).

Section 8 provides that the Board determines the end of the emergency condition. Upon that occurrence, Chapter VIA will go dormant until it is activated again by the Board should another emergency condition arise in the future.

Section 9 prohibits invading the Society’s endowment fund during an emergency condition. In addition, amendments to Section 9 cannot take place during an emergency condition to prevent an end-around to invading the endowment fund. The endowment fund should be preserved, and an emergency condition should not be an invitation to invade it.

If approved by the House, Chapter VIA will become part of the Society’s bylaws, will only activate upon a vote of the Board that an emergency condition exists, and will become dormant upon the end of the emergency condition until activated again.
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