Date Approved By Council: November 8, 2019
Date Ratified By DCP Member: March 2, 2020
In the following text, "Society" shall signify the American Physical Society, "Council" and "Board" shall signify the Council of Representatives and the Board of Directors of the Society, respectively; "CEO" shall signify that Chief Executive Officer of the Society; and "Regular Meeting" shall signify the principal meeting held once a year by the Division.
This Division of the American Physical Society shall be called the Division of Chemical Physics (DCP).
The objective of the Division shall be the advancement and diffusion of understanding of subjects of chemical interest whose development depends strongly on modern physical theories or techniques.
Article VIII of the Constitution and Bylaws, and the associated Policies & Procedures of the Society, as said Article, and Policies & Procedures, may be subsequently revised or amended, are hereby incorporated in these Bylaws by reference.
The members of the Division shall consist of Members of the Society who have indicated in accordance with procedures established by the Board and Council their desire to join the Division and who retain membership from year to year by the payment of designated dues or by other method established by the Board.
The Secretary/Treasurer shall keep the Council and Society Corporate Secretary informed of the activities and needs of the Division, (normally through the Division Councilor) and shall perform such other functions as may be explicitly provided by these Bylaws.
The Secretary/Treasurer shall have responsibility for all funds in the custody of or placed at the disposal of the Division and, in consultation with the Chair, shall authorize disbursements from such funds for expenses in a manner that is consistent with the general policies of the Society and the Division. Financial records shall be kept on an annual basis consistent with the fiscal policies of the Society. The Secretary/Treasurer shall present a financial report at each meeting of the Executive Committee and at the annual Business Session of the Division.
Nomination and Election of the Vice-Chair, Secretary/Treasurer, and Executive Committee Members. Each year the Nominating Committee shall nominate at least two candidates for the office of Vice-Chair, for Secretary/Treasurer during the final year of the term of the current Secretary/Treasurer, for the Division Councilor during the final year of the term of the current Division Councilor, and for open positions of Student or Early Career Members and Members-at-Large of the Executive Committee. In the case of nomination of any candidate for a second term, the Nominating Committee, in consultation with the Chair, will determine if the re-appointment is appropriate. The Nominating Committee shall notify the Secretary/Treasurer of the results not later than twenty weeks before the Regular Meeting, except under extraordinary circumstances. The Secretary/Treasurer shall also invite the Division members to suggest candidates for the various offices and Executive Committee positions. If as many as five percent of the total Division membership determined on December 31 of the year preceding the election suggests the same person for the same office, that person shall be deemed to have been nominated.
The Secretary/Treasurer shall poll the Division membership by electronic ballot, stating a closing date at least eight weeks prior to the Regular Meeting. Ballots shall be returned to and counted by the Secretary/Treasurer or his or her designee. In the case of elections when the Secretary/Treasurer is a candidate for a second term, the election shall be administered by a process determined by the Executive Committee. Election shall be decided by a plurality of those voting. If there is a tie, the Executive Committee shall decide the election, with the Chair voting only in the case of a tie among the other Executive Committee members. The Secretary/Treasurer shall communicate the results of the election to the Chair and the Society Corporate Secretary at least two weeks prior to the Regular Meeting or before the beginning of the calendar year when there is an election for the Division Councilor and shall publish the results in a manner designated for official announcements.
The term of office of the Division Councilor shall begin at the beginning of the calendar year following his or her election. The Division Councilor shall serve for a term of four years and may not serve more than two consecutive terms, unless otherwise specified by Council.
If a vacancy occurs in the office of Chair-Elect otherwise than through advancement to Chair, the Vice-Chair shall become Chair-Elect. In this case, and also if the office of Vice-Chair becomes vacant for other reasons, the office of Vice-Chair shall remain vacant for the remainder of the term. In the next scheduled election, candidates for both Chair-Elect and Vice-Chair shall be nominated.
If vacancies occur in the offices of both the Chair and the Chair-Elect, the Vice-Chair shall become Chair and shall complete the term. In this case, a special election shall be held to fill the offices of Chair-Elect and Vice-Chair. The members so elected shall continue to serve as officers in the normal succession order.
Vacancies in any other elected office shall either be filled by appointment of a qualified member of the Division, determined by majority vote of the Executive Committee, to serve until the next regular election, or left unfilled by the Executive Committee until such time as the vacancy can be filled by regular election procedures.
Dues for maintenance of membership in the Division shall be established by the Board.
The newsletter of the Division shall be managed and edited by the Secretary/Treasurer, who shall oversee its preparation and distribution. The frequency and timing of these issues shall be determined by the Secretary/Treasurer, subject to the approval of the Executive Committee or its delegate. The Executive Committee may direct the Secretary/Treasurer to distribute complimentary copies of the newsletter to specified non-members of the Division.
Official announcements shall be made in the Division Newsletter, APS News (at the discretion of the APS News Editor), on the Division website, or in such other publications as the Executive Committee may direct.
Proposal of an amendment to these Bylaws may be made by the Council, by the Society Governance Committee, by the Executive Committee, or by a petition to the Chair signed by not fewer than ten percent of the members of the Division. However initiated, it must be reviewed by the Society Governance Committee and approved by Council before further action can be taken. Following Council approval, the Secretary/Treasurer shall distribute copies of the proposed amendment to all members of the Division not less than three weeks before the Regular Meeting and opportunity shall be given for discussion during the Business Session. The voting on the proposed amendment shall be as follows. Not later than twelve weeks after said Regular Meeting the Secretary/Treasurer shall again distribute copies of the proposed amendment, accompanied by instructions for voting. Adoption of the amendment shall require a two-thirds vote by those voting.
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