Governance

Bylaws

Date Approved by Council: November 8, 2019

Date Ratified by FWS Membership: November 25, 2019

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;  and "Annual Meeting" shall signify the principal meeting held once each calendar year by the Section, normally the first meeting of a calendar year.

ARTICLE I - NAME

This Section of the American Physical Society shall be called the Far West Section of the Society (FWS).

ARTICLE II - OBJECTIVE

The objective of the Section shall be the advancement and diffusion of knowledge of physics.

ARTICLE III - ENABLING CONSTITUTIONAL PROVISION

Article VIII of the Constitution and Bylaws and associated Policies & Procedures of the Society, in their current or subsequently revised form, are incorporated in these bylaws by reference.

ARTICLE IV - MEMBERSHIP

1. Geographical Region. The members of the Section shall primarily consist of members of the Society residing in California, Nevada and Hawaii.
   
   
2. Eligibility. Members of the Society who indicate their desire to join the Section following procedures established by Board and Council, and who retain their Society membership from year to year by the payment of designated dues or by other method established by the Board, shall become members of the Section.

ARTICLE V - EXECUTIVE COMMITTEE

1. Governance. The Section shall be governed by an Executive Committee, which shall have general charge of the affairs of the Section.
   
   
2. Composition. The Executive Committee shall consist of the Officers of the Section, the most recent Past-Chair, between four and six Members-at-Large elected to three-year terms, an elected Council Representative when it is the Section’s turn in the rotation of Sections, and two student members of the Section, elected to staggered two-year terms.
   
   
3. Executive Committee Meetings. The Executive Committee shall meet at least once each year during the Annual Meeting of the Section. Any member of the Executive Committee unable to attend a meeting may name a non-voting alternate who is a member of the Section in good standing, subject to the prior approval of the Chair. A majority of the voting members, including at least two Officers, shall constitute a quorum.

 ARTICLE VI - OFFICERS AND SECTION COUNCILOR

1. Officers. The Officers of the Section shall be a Chair, a Chair-Elect, a Vice Chair, and a Secretary/Treasurer.
   
   
2. Duties of the Chair. The Chair shall have overall responsibility for the affairs of the Section and shall preside at all meetings of the Executive Committee and Business Sessions of the Section at which his or her attendance is possible. In addition, the Chair shall perform other duties normally associated with the Office of Chair or explicitly provided in these Bylaws.
   
   
3. Duties of the Chair-Elect. The Chair-Elect shall act in place of the Chair if the latter cannot perform his or her duties. The Chair-Elect shall serve as Chair of the Program Committee and 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 cannot 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 Section including minutes of Executive Committee meetings and Business Sessions, Section activities, and membership lists. The Secretary/Treasurer shall notify the Executive Committee of matters requiring the action of the Committee. The Secretary/Treasurer shall inform the other officers and committees of their duties and responsibilities in a timely fashion. The Chair and Secretary/Treasurer shall, in coordination with the Assigned Councilor or elected Councilor, keep the Council informed of the activities, actions and needs of the Section. In collaboration with the Chair, he or she shall prepare the agenda of the Executive Committee meetings and of the Business Sessions. He or she shall submit the minutes of these meetings to each member of the Executive Committee and the Society Corporate Secretary within four weeks after each meeting. Following an election, the minutes shall include the results of the election and a roster of the current Executive Committee membership.
   
   The Secretary/Treasurer shall have responsibility for all funds in the custody of, or placed at the disposal of, the Section and shall, with approval of the Chair, authorize disbursements from such funds for expenses that are consistent with the general policies of the Society. The Chair shall be authorized to make appropriate disbursements during times that the Secretary/Treasurer cannot do so. Financial records shall be kept annually, consistent with the fiscal policies of the Society. The Secretary/Treasurer shall present a report of the Section finances at each meeting of the Executive Committee and each Business Session of the Section.
   
   
6. Duties of the Section Councilor. When the Section has its turn in the rotation among Sections, as established by the Council, a Section Councilor will be elected as prescribed below. The Section Councilor shall serve as liaison between the Council of the Society and the Executive Committee of the Section. Following each Council meeting, the Section Councilor shall report to the Chair and the Secretary/Treasurer regarding Council actions that affect the status and operations of the Section. Reports shall be made to the entire Executive Committee during their regularly scheduled meetings.
   
   
7. Duties of the Assigned Councilor. During years in which the Section does not have an elected Councilor, the Council will appoint an Assigned Councilor. This person will attend Council meetings and will perform the duties described in Article VI.6 of these Bylaws. 

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

1. Qualifications. Officers, Section Councilor, and Members-at-Large of the Executive Committee must be members of the Section at the time of their election and during their term of office.
   
   
2. Ballot. The Vice Chair, Secretary/Treasurer, Section Councilor, and Members-at-Large of the Executive Committee shall be elected by electronic or paper mail ballot.
   
   
3. Nomination and Election of the Vice Chair, Secretary/Treasurer, Section Councilor, and Executive Committee Members. Each year the Nominating Committee shall nominate at least two candidates for the Office of Vice Chair and for each open Member-at-Large position on the Executive Committee including the student member position. The Nominating Committee shall make every reasonable effort to propose a slate of nominees to include representation from the small colleges as well as from the larger institutions, industry, and government laboratories. During the final year of the terms of the current Secretary/Treasurer, the Nominating Committee shall nominate at least two candidates for this position. The Nominating Committee shall notify the Secretary/Treasurer of the slate of nominees not later than sixty days before the Annual Meeting, except under extraordinary circumstances..
   
   The Secretary/Treasurer shall make known to the membership the vacancies that will be filled by upcoming elections, solicit suggestions for nominees, and announce opportunity for nominations from the membership. The Secretary/Treasurer shall poll the Section membership by ballot containing the names of candidates proposed by the Nominating Committee along with means by which the voter may enter other names.  In the case when the Secretary/Treasurer is a candidate on the ballot for a consecutive term, the election shall be administered by a member of the Executive Committee, most usually by the Past Chair.  The Secretary/Treasurer shall ensure that communication and voting are carried out in such a manner that no members cannot participate due to the techniques used. To be valid, each ballot must be returned in a manner specified by the Secretary/Treasurer. An election shall be decided by a plurality of those voting. If there is a tie for any Office, the Executive Committee shall decide the election for that Office, with the Chair voting only in case of a tie among the other Executive Committee members. The Secretary/Treasurer shall communicate the results of the election to the Chair and to the Society Corporate Secretary at least two weeks before the Annual Meeting.
   
   
4. Vice Chair, Chair-Elect, and Chair. The member elected as Vice Chair shall serve in that Office for one year, then for one year as Chair-Elect, and then for one year as Chair. The Past-Chair shall not be eligible for the Office of Vice Chair in the year following his or her term of Office.
   
   
5. Section Councilor and Assigned Councilor. In the year prior to the Section’s turn in the rotation established by the Council, the Section will elect a Section Councilor. The nominating Committee shall nominate at least two candidates for this position, following the same procedure as that for election of Officers of the Section and Members-at-large of the Executive Committee. The Section Councilor shall serve for a term of four years as a voting member of the Council. In any other case an Assigned Councilor shall be appointed by the Council to represent the Section.
   
   
6. Official Year. The official year shall be according to the calendar year.
   
   
7. Terms of Office. The terms of Office of the Officers and Members-at-Large of the Executive Committee shall begin with the calendar year immediately following their election. The Secretary/Treasurer shall serve for a term of three years and may not serve more than two consecutive terms. The tenure of a Member-at-Large of the Executive Committee shall terminate if his or her assumption of a post as an elected Officer of the Section, and the unexpired portion of his or her term shall be filled as hereinafter provided for a vacancy. The elected student members of the Executive Committee shall serve two-year, staggered terms.
   
   
8. 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 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 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. For 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.
   
   If a vacancy occurs in the Office of the Secretary/Treasurer, the Section Councilor, a Member-at-Large, or student member, the Executive Committee may elect a replacement to serve until the membership of the Section fill the vacancy by a regular election. 

ARTICLE VIII - APPOINTED COMMITTEES

1. Nominating Committee. The Nominating Committee shall consist of four members appointed by the Chair and one member appointed by the APS, each for a one-year term. The Chair shall ascertain from the Society Corporate Secretary the identity of this member. The Nominating Committee shall prepare a slate of candidates for the positions of Vice Chair, Secretary/Treasurer, Members-at-Large of the Executive Committee, and Section Councilor, when appropriate.  The Nominating Committee shall consult with the Chair before nominating any candidate for a consecutive term.  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 Chair-Elect and at least three other members, including one student, appointed by the Chair, upon recommendation of the Chair-Elect, to one-year terms, commencing at the close of an Annual Meeting of the Section. The Chair-Elect shall serve as Chair of the Program Committee. The Program Committee shall be responsible for the solicitation and selection of invited and contributed papers and for the arrangement of the programs for the Annual and regular meetings of the Section.
   
   
3. Terms of Office of Appointed Committee Members. The term of a committee member appointed by an incoming Chair shall be the official year, as defined in Article VII.6 of these Bylaws, in which the Chair assumes Office.
   
   
4. Ad Hoc Committees. The Chair shall appoint other ad hoc committees as necessary, which shall serve only during the term of Office of the Chair, or a one-year term, whichever is longer. 

ARTICLE IX - MEETINGS

1. Annual Meeting. At least one meeting of the Section, to be known as the Annual Meeting, shall be held annually at the time and place as shall be determined by the Executive Committee, subject to coordination with the Society Director of Meetings. Whenever it shall be feasible and not to the disadvantage of the members of the Section, the Executive Committee may decide that this or any other meeting shall be held jointly with a Meeting of the Society or of another society, conference, or group, so long this joint meeting does not conflict importantly with the schedule of Meetings of the Society as determined by the Society Director of Meetings. The registration fee for a regular meeting, when not held jointly with a Meeting of the Society, shall be fixed after consultation with the Society Director of Meetings. Those who are not members of the Society shall pay a surcharge equal to the cost of membership in the Society.
   
   
2. Annual Business Session. Each year the Section shall hold a Business Session that shall be a session of the Annual 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 Section shall be presented simultaneously with the Business Session. The Secretary/Treasurer shall notify the Section members of the agenda for the Business Session no later than three weeks before the Annual Meeting. A quorum for the transaction of business shall be three percent of the membership of the Section.
   
   
3. Other Meetings. Besides Annual Meetings, the Executive Committee may initiate meetings of the Section, or by petition of twenty percent of the Section members to the Chair, subject to coordination with the Society Director of Meetings. The Section, subject to the rules and regulations specified in the Society Constitution and Bylaws, may sponsor special conferences in whole or in part.
   
   
4. Papers at Meetings. Programs of meetings of the Section may provide for the inclusion of both invited and contributed papers. When a meeting of the Section is held in conjunction with a meeting of the Society, the rules of the Society shall apply to submitted papers. When a meeting of the Section is not held in conjunction with a meeting of the Society, the Executive Committee shall prescribe the subject and/or character of the meeting. 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 whereto they should be sent and the manner(s) in which they shall be delivered. The amount of time to be allowed for the presentation of a paper at a meeting shall be determined by the Program Committee, except as otherwise directed by the Executive Committee. These allotments of time shall be consistent with the Constitution and Bylaws of the Society and associated Policies & Procedures. All members of the Section shall be allowed to present one contributed paper at each Section meeting. The Program Committee may designate this paper as either oral or poster.

ARTICLE X - DUES

The Board shall establish dues for maintenance of membership in the Section.

ARTICLE XI - NEWSLETTER and Official Announcements

The Newsletter of the Section shall be managed and edited by an Editor, who shall be elected by the Executive Committee for a term of three years. The Editor shall oversee the preparation and distribution of the Newsletter. There shall be at least one issue per year. The frequency and timing of each issue shall be determined by the Editor in consultation with the Chair, subject to approval of the Executive Committee. The Executive Committee may direct the Secretary/Treasurer to distribute complimentary copies of the Newsletter to specified non-members of the Section. The Executive Committee shall assist the Editor in policy decisions. Official announcements shall be made in the APS News (at the discretion of the APS News Editor), on the Section website, the CA Section Newsletter, and other publications as the Executive Committee may direct.

ARTICLE XII - PROCEDURE FOR AMENDMENT OF BYLAWS

A 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 less than ten percent of the members of the Section. Regardless of the origin of an amendment, an amendment must be reviewed by the Society Governance Committee and the Council must approve the amendment, before further action can be taken. Following Council approval, the Secretary/Treasurer shall distribute the proposed amendment to all members of the Section not less than three weeks before an Annual Meeting and opportunity shall be given for discussion during the Business Session. Following the Annual Meeting, if a special election is not held to ratify the amendment, a vote on the amendment will be included in the next regularly scheduled Section election. The adoption of the amendment shall require a two-thirds positive vote by those voting.