Governance

Date Approved By Council: November 8, 2019

Date Ratified By DCP Member: March 2, 2020

PREAMBLE

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.

ARTICLE I - NAME

This Division of the American Physical Society shall be called the Division of Chemical Physics (DCP).

ARTICLE II - OBJECTIVE

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 III - ENABLING CONSTITUTIONAL PROVISION

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.

ARTICLE IV - MEMBERSHIP

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.

ARTICLE V - EXECUTIVE COMMITTEE

1. Governance. The Division shall be governed by an Executive Committee, which shall have general charge of the affairs of the Division.
2. Composition. The Executive Committee shall consist of the Officers of the Division, the most recent Past Chair, the Division Councilor, at least one, but normally two Student or Early Career Members, and three Members-at-Large. Each member of the Executive Committee shall have one vote in decisions of the Executive Committee.
3. Executive Committee Meetings. The Executive Committee shall meet at least once each year.  This meeting shall be held during the Regular Meeting of the Division. Any member of the Executive Committee unable to attend a meeting may name a non-voting alternate in good standing with the Unit to represent him or her, subject to the approval of the Chair. The Chair of the Division shall preside over the Executive Committee meetings. Five members, including at least two Officers, shall constitute a quorum.

ARTICLE VI - OFFICERS AND OTHER EXECUTIVE COMMITTEE MEMBERS

1. Officers. The Officers of the Division shall be a Chair, a Chair-Elect, a Vice-Chair, and a Secretary/Treasurer.
2. Duties of the Chair. The Chair has overall responsibility for the operations of the Division and shall preside at all meetings of the Executive Committee and Business Sessions of the Division at which his or her attendance is possible. The Chair shall see that the decisions of the Executive Committee are carried into effect and shall perform such other functions as provided in these Bylaws and as needed to conduct the affairs of the Division.
3. Duties of the Chair-Elect. The Chair-Elect shall act in place of the Chair if the latter is unable to perform his or her duties. The Chair-Elect shall perform such other functions as may be explicitly provided in these Bylaws.
4. Duties of the Vice-Chair. The Vice-Chair shall act in place of the Chair-Elect if the latter is unable to perform his or her duties. The Vice-Chair shall perform such other functions as may be explicitly provided in these Bylaws.
5. Duties of the Secretary/Treasurer. The Secretary/Treasurer shall maintain the records of the Division, Division activities, and membership lists. He or she shall notify the Executive Committee of matters requiring its decision and, with the Chair, shall prepare the agenda of Executive Committee meetings and Business Sessions. The Secretary/Treasurer shall prepare minutes of Executive Committee meetings and Business Sessions and shall submit these minutes to each member of the Executive Committee and to the Society Corporate Secretary within four weeks after each meeting. Following elections, such minutes are to include the results of the election and a roster of the current Executive Committee membership.  

   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.
   

6. Duties of the Division Councilor. The Division Councilor shall serve as a liaison between the Council of the Society and the Executive Committee of the Division. Following each Council meeting, the Division Councilor shall report to the Chair and the Secretary/Treasurer of the Council actions that affect the Division. Reports shall be made to the entire Executive Committee during their regularly scheduled meetings.
7. Duties of the Past Chair. The Past Chair shall foster continuity of governance and provide guidance, as requested, to any member of the Executive Committee.
8. Duties of the Student or Early Career Members and Members-at-Large. These members of the Executive Committee shall assist the Chair and the Chair-Elect in carrying out the business of the Division, as requested, including preparation for and organization of the Division’s Regular Meeting.

ARTICLE VII - ELECTION AND TENURE OF THE OFFICERS, EXECUTIVE COMMITTEE MEMBERS, AND DIVISION COUNCILOR

1. Qualifications. Officers, Division Councilor, Past Chair, and Members-at-Large of the Executive Committee must be members of the Division for at least one year prior to nomination and during their terms in office. Student or Early Career Members must be members of the Division.
2. Ballot. The Vice-Chair, Secretary/Treasurer, Division Councilor, Student or Early Career Members, and Members-at-Large of the Executive Committee shall be elected by electronic ballot as hereinafter provided.

3. 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.
   

4. Official Year. The official year shall extend from the close of one Regular Meeting to the close of the next Regular Meeting.
5. Vice-Chair, Chair-Elect, Chair, and Past Chair. The member elected as Vice-Chair shall serve in that office for one year, then for one year as Chair-Elect, then for one year as Chair, and then for one year as Past Chair.  The Chair shall not be eligible for the office of Vice-Chair in the year following his or her term of office.
6. Terms of Office. The terms of office of the Officers, Past Chair, Student or Early Career Members, and Members-at-Large of the Executive Committee shall begin at the close of the Regular Meeting of the Division following their election. The Secretary/Treasurer shall serve for a term of three years and may not serve more than two consecutive terms. Each Student or Early Career Member of the Executive Committee shall serve for a term of two years, staggered in the event that there are two such members such that one member shall retire each year. Each Member-at-Large of the Executive Committee shall serve for a term of three years, staggered such that one member shall retire each year. The tenure of a Student or Early Career Member or Member-at-Large of the Executive Committee shall terminate in the event of his or her assumption of a post as an elected Officer of the Division, and the unexpired portion of his or her term shall be filled as hereinafter provided for a vacancy.

   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.

7. Vacancies in Offices. If a vacancy occurs in the office of Chair, the Chair-Elect shall succeed and complete the term and shall serve as Chair also in the following year. The Vice-Chair shall serve simultaneously as Chair-Elect during the remainder of the term and shall continue to serve as Chair-Elect in the following term.

   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.

ARTICLE VIII - APPOINTED COMMITTEES

1. Nominating Committee. The Nominating Committee shall consist of two members appointed by the Chair to staggered two-year terms and one member appointed by the CEO for a one-year term. The Chair shall ascertain through the Society Corporate Secretary the identity of this member. No more than one of the appointees shall be a member of the Executive Committee. The Chair shall appoint the Chair of the Nominating Committee from among its two-year-term members. The Nominating Committee shall prepare a slate of candidates for the positions of Vice-Chair, Secretary/Treasurer, Councilor, and Members-at-Large of the Executive Committee according to Article VII of these Bylaws. The Nominating Committee shall advise the Chair on suitable candidates for Society committees, including relevant Society Prize and Award committees, and on candidates for Society offices. The Nominating Committee shall perform such other duties as described in these Bylaws.
2. Program Committee. The Program Committee shall consist of the Executive Committee and any other Division members appointed by the Executive Committee. The Chair-Elect shall serve as Chair of the Program Committee. The Program Committee shall have the responsibility of assisting the APS Director of Meetings in arranging the meetings of the Society. This activity shall include the scheduling of contributed papers within the areas of interest of this Division, as well as the arranging, in cooperation with the APS Director of Meetings, of symposia and sessions of invited papers sponsored by the Division for a meeting. For meetings of the Division, including the Regular Meeting, the Program Committee shall be responsible for the solicitation and selection of invited and review papers and for the arrangement of the programs of such meetings.
3. Fellowship Committee. The Fellowship Committee shall consist of three members, who are themselves APS Fellows, appointed by the Chair, to staggered three-year terms. Each serves as Chair of the Fellowship Committee in his or her third year. The Fellowship Committee shall promote the nomination of candidates for Fellowship, shall review the qualifications of such candidates, and shall report its recommendations to the Chair and to the APS Fellowship Coordinator.
4. Public Outreach. The Vice-Chair shall be responsible for Public Outreach. He or she shall interact with the editors of the Journal of Chemical Physics on matters of interest to the Division and shall serve as the Divisional interface with editors and publications for the popular press in consultation with appropriate APS Departments and Directors (Education and Diversity, Communications).
5. Editorial Board. The Secretary/Treasurer shall serve as the Chair of the Editorial Board. He or she shall solicit such other help as may be needed. The Editorial Board shall be responsible for the publications of the Division newsletter as provided in Article XI of these Bylaws.
6. Terms of Office of Appointed Committee Members. The terms of committee members appointed or recommended by an incoming Chair shall commence at the beginning of the year in which he or she assumes office. The one exception is the Fellowship Committee members, whose terms begin on July 1 of the year in which they are appointed.
7. Ad Hoc Committees. The Chair shall appoint other ad hoc committees as necessary, which shall serve only during his or her term as Chair.

ARTICLE IX - MEETINGS

1. Regular Meeting. One meeting of the Division, to be known as the Regular Meeting, shall be held annually at such time and place as shall be ordered by the Executive Committee, subject to coordination with the APS Director of Meetings. Whenever it shall be feasible and not to the disadvantage of the members of the Division, the Executive Committee may order this or any other meeting to be held conjointly with a General Meeting of the Society or of another society, conference, or group, so long as such joint meeting does not conflict importantly with the schedule of Meetings of the Society as determined by the APS Director of Meetings.
2. Annual Business Session. Each year the Division shall hold a Business Session which shall be a session of the Regular Meeting. This Business Session shall be devoted exclusively to the reports of officers and committees, election results, and the transaction of business affairs. No scientific program of the Division shall be presented simultaneously with the Business Session. The Secretary/Treasurer shall notify the Division members of the agenda for the Business Session no later than three weeks prior to the Regular Meeting.
3. Other Meetings. Meetings of the Division, other than the Regular Meeting, may be initiated by the Executive Committee or by petition of twenty percent of the members of the Division, subject to coordination with the Society Director of Meetings. Special conferences may be sponsored in whole or in part by the Division, subject to the rules and regulations specified in the Society Constitution and Bylaws and associated Policies & Procedures.
4. Papers at Meetings. Programs of meetings of the Division may provide for the inclusion of both invited and contributed papers. When a meeting of the Division is held in conjunction with a General Meeting of the Society, the rules of the Society shall apply to submitted papers. When a meeting of the Division is not held in conjunction with a meeting of the Society, the Executive Committee shall prescribe the subject and character of the meeting, which may include limitations on the subject matter of submitted papers. The Secretary/Treasurer shall fix the deadline date for receipt of titles and abstracts in consultation with the Society Director of Meetings and shall designate the place to which they should be sent. The amount of time to be allowed for the presentation of a paper at the Regular Meeting shall be determined by the Program Committee, except as otherwise directed by the Executive Committee. These allotments of times shall be consistent with the Society Constitution and Bylaws and associated Policies & Procedures.

ARTICLE X - DUES

Dues for maintenance of membership in the Division shall be established by the Board.

ARTICLE XI - NEWSLETTER

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.

ARTICLE XII - OFFICIAL ANNOUNCEMENTS

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.

ARTICLE XIII - PROCEDURE OF AMENDMENT OF BYLAWS

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.