Policy #6

 

Officer Disability and Succession Policy

(Adopted by the Council 7/20/12)

 

§ 1.      Scope

This policy applies when an officer cannot perform his or her duties for a limited time or with respect to a particular matter. It does not apply to a permanent vacancy in office, to which the bylaws relating to filling vacancies apply.

§ 2.      Disability

(a)        Disability defined. A disability occurs when—

(1)        an officer’s membership is suspended or lapses;

(2)        a physical or mental condition impairs an officer’s ability to perform his or her duties with sound judgment;

(3)        a professional or personal conflict arises from an officer’s duties to or relationship with a client, firm, partner, employer, relative, or other person or organization, and prevents the officer from giving his or her undivided loyalty to the Association; or

(4)        an officer otherwise cannot or will not discharge his or her duties.

(b)        Speech. A disability does not necessarily occur just because an officer publicly addresses an issue outside his or her capacity as an officer. But whenever an officer addresses an issue touching or beyond his or her office’s scope, and any risk of confusion thereby results between the Association’s views and the officer’s views in his or her personal or other capacity, then the officer—

(1)        will explicitly distinguish between remarks made in a personal or other capacity and remarks made officially;

(2)        when writing, will neither sign any correspondence or statement using his or her title in the Association, nor use the Association’s stationery or mailing address;

(3)        will not imply or knowingly let an implication arise that the Association necessarily shares the views expressed in his or her personal or other capacity; and

(4)        will take care that any mention of his or her title in the Association is for identification only, and does not imply that the Association necessarily shares the views expressed in his or her personal or other capacity.

§ 3.      Determining disability

(a)        Recusal.

(1)        Notice. An officer who is disabled is expected to so notify the President, the President-Elect, or the Executive Director in writing, in which case the officer will refrain from discharging his or her duties until the disability ends and the officer so notifies the President, the President-Elect, or the Executive Director in writing.

(2)        Limited time. The notice of disability may specify in advance when the disability will end, in which case the officer then resumes his or her duties without further notice.

(3)        Limited matter. The notice may specify a particular matter to which the disability relates, in which case the officer will refrain from discharging his or her duties only with respect to that matter, until the disability ends and the officer so notifies the President, the President-Elect, or the Executive Director in writing. An officer who is disabled with respect to a particular matter will still perform his or her duties in all other respects.

(b)        Suggestion of disability.

(1)        Suggestion. If it appears that an officer is disabled, but has not recused himself or herself, then any member or employee may so suggest to the President, the President-Elect, or the Executive Director, who must consult the President (or, in case of the President’s disability, the President-Elect) and the officer whose disability is suggested.

(2)        Consultation. An officer whose disability is suggested may recuse himself or herself as the preceding subsection 3(a) provides. If the President (or, in case of the President’s disability, the President-Elect) and the officer agree that no disability exists, then the President (or the President-Elect) must so notify the suggesting member or employee in writing. If the President (or the President-Elect) and the officer disagree about whether a disability exists, and the officer does not recuse himself or herself, then the President (or the President-Elect) must refer the question to the Council. If the President’s disability is suggested, then the President-Elect may exercise the President’s authority to call the Council into session.

(3)        Determination. The Council may by a two-thirds vote determine that an officer is disabled, in which case the officer must refrain from discharging his or her duties until the disability ends and—

(A)        the President and the President-Elect jointly, or

(B)        the Council, by simple majority,

so determines, whereupon the officer may resume his or her duties.

(4)        Appeal. An officer whose disability the Council has determined may appeal the determination to the Assembly, which may sustain the determination by a two-thirds vote. If the Assembly does not sustain the determination, then the officer may immediately resume his or her duties.

§ 4.      Succession

(a)        President.

(1)        President as spokesperson. If the President cannot represent the Association as its spokesperson on a matter, then he or she will designate another spokesperson for that matter, in consultation with the President-Elect. If the President is disabled with respect to a matter without having designated a spokesperson, then the President-Elect may designate a spokesperson, or may represent the Association himself or herself. If the President is disabled with respect to a matter after having designated a spokesperson, then the President-Elect may modify the disabled President’s designation.

(2)        Double disability. If neither the President nor the President-Elect can represent the Association as its spokesperson on a matter, then they may jointly designate another spokesperson for that matter, but must so notify the Council, which may modify the designation.

(3)        Other presidential disability. As the bylaws provide, the President-Elect will act as President whenever the President is otherwise disabled.

(b)        Other officers. If an officer other than the President is disabled, then the Council may provide for the exercise of the office or of any particular duty during the disability, otherwise the President (or, in case of the President’s disability, the President-Elect) in consultation with the other officers may so provide.

§ 5.      Recordkeeping and reporting

The Executive Director will keep a record of any disability or determination under this policy, for which purpose any officer or employee who gives or receives a written notice under this policy must promptly deliver a copy to the Executive Director. The Executive Director will report to the Council at each meeting, or as the Council otherwise directs, any such disability or determination that has not yet been reported to the Council.