Standing Rules for Councils

Includes Amendments to November 2005

Introduction
Membership
Organization
Meetings
Budget
Duties
Reports
General Rules
Reimbursement of Expenses

Introduction

The following rules shall apply to all councils of the California Dental Association. The provisions of the Bylaws governing councils have been incorporated into these areas.

Membership

Name: The councils of this association shall be:

Council on Endorsed Programs
Council on Membership
Council on Peer Review
Government Affairs Council
Judicial Council
Policy Development Council

and such other councils as the house may establish (Bylaws, Chapter VIII, Section 10). (Amended: November 1999, November 2003; November 2004)

Number and Eligibility of Members: All councils shall be composed of at least six elected members (Bylaws, Chapter VIII, Section 20). All members of councils must be members in good standing (Bylaws, Chapter VIII, Section 30). (Amended: June 1990; November 2004)

The Bylaws specify the number of members and criteria for selection for the Government Affairs Council, Judicial Council and the Policy Development Council. (Added: November 2004, Amended: November 2005)

The Policy Development Council shall be composed of between 11 and 14 members. (Bylaws, Chapter VIII, Section 140.A). (Amended: November 2005)

The Judicial Council shall be composed of a total of 11 members (Bylaws, Chapter VIII, Section 150.A). (Amended: November 2004)

Number of Members Assigned to Councils:

7 — Council on Endorsed Programs (See Bylaws, Chapter VIII, Section 160.A)
6 — Council on Membership
9 — Council on Peer Review
14-17 — Government Affairs Council (See Bylaws, Chapter VIII, Section 130.A)
11 — Judicial Council (See Bylaws, Chapter VIII, Section 150.A)
11-14 — Policy Development Council (See Bylaws, Chapter VIII, Section 140.A)

(Amended: December 1997, November 1999; November 2003; November 2004, November 2005)

Ex Officio Members of all Councils: Chapter VI, Section 90 of the Bylaws stipulates that the president and the speaker of the House of Delegates have the duty to serve ex officio on all association councils and committees, except the Nominating and Leadership Development, without the right to vote, unless otherwise provided in the Bylaws. (Amended: November 2004)

Chapter VII, Section 40 of the Bylaws stipulates that the executive director and the editor shall serve as ex officio members of the house, the board, councils and committees, except Nominating and Leadership Development, without the right to vote. The executive director of the association is assigned the duty, in the same chapter and section of the Bylaws, of coordinating the activities of all councils and committees. (Amended: November 2004)

Nominations and Election: Nominations for all councils shall be made by the Board of Trustees. Additional nominations may be made by an officially certified delegate, provided each such nomination is supported by the endorsing signature of 25 delegates as provided in Chapter IV, Section 120 of the Bylaws. Members of councils shall be elected by the house as provided in Chapter VIII, Section 20 of the Bylaws.

Term and Tenure: Except as otherwise noted in these Bylaws, the term of office of members of councils shall be three years. The tenure of a member of a council shall be limited to two full terms. Council members may only serve two full terms, and one partial term. A partial term is no more than one and one half years (Bylaws, Chapter VIII, Section 60). (Amended: June 1992; November 2004)

Vacancy: In the event of a vacancy in the membership of any council, the president shall appoint a member of the association to fill such vacancy until a successor is elected by the next house to fulfill the remainder of the unexpired term. In the event such vacancy involves the chair of the council, the president shall have the power to appoint an interim chair (Bylaws, Chapter VIII, Section 70). (Amended: November 2004)

Organization

Chairman and Vice Chairman: One member of each council shall be appointed chair annually by the president with the approval of the board (Bylaws, Chapter VIII, Section 40). (Amended: June 1992, November 2004)

One member of each council may be elected annually by majority vote of the council to serve as vice chairman. In the absence of the chairman and vice chairman, a council shall designate one of its members to serve as chairman pro tem for the duration of the meeting from which the regular officers are absent.

Consultants and Advisers: Each council shall have the authority to appoint consultants and advisors. The executive director of the association shall provide each council with staff support (Bylaws, Chapter VIII, Section 50). (Amended: November 2004)

Consultants and advisers shall be selected on the basis of technical qualifications essential to the program of the requesting agency. The president is authorized to appoint consultants and advisers to councils and subcommittees, from a list submitted by the council, such persons to attend the meetings of the council or subcommittee on a meeting-by-meeting basis when specific material requiring that person’s expertise is to be discussed. Prior to payment of fees, the request shall be submitted to the Executive Committee for consideration of need. The terms of consultants and advisors shall expire annually at the adjournment sine die of the final session of the House of Delegates.

Subcommittees: Each council may establish subcommittees of its own members in accordance with its needs provided that a list of such subcommittees is submitted annually to the executive director of the association. No council may appoint an executive subcommittee to act for the council in matters of policy.

Special Subcommittees: Upon recommendation of a council and with Board of Trustees’ approval, special subcommittees of councils may be established. Special subcommittees may be comprised of consultants and/or advisors and must include at least one member of the requesting council, selected by the council chairman. The chairman of the special subcommittee shall be appointed by the council chairman. The term of office of members of special subcommittees shall be three (3) years, and the consecutive tenure of a member of a special subcommittee shall be limited to two full terms of three (3) years each. (Amended: December 1996)

The mission, structure, composition and budget of special subcommittees must be approved by the Board of Trustees and continuation of special subcommittees will be approved annually through the budget process.

Meetings

Regular Meetings: Each council shall hold at least one meeting annually provided that funds are available in the budget for that purpose and unless otherwise directed by the Board of Trustees.

Reservations for meeting space in the CDA building shall be made with the executive director and/or his designee and will be honored in the order of their receipt. Any council/committee meeting or other association sponsored meeting held in Sacramento shall be scheduled to take place in the California Dental Association conference rooms, space permitting. (Amended: June 1992)

Dates of council meetings shall be determined for the ensuing administrative year and reported to the executive director. Meetings of councils may be held at times determined by the respective council chairmen in concert with the staff person assigned, and all schedules shall be submitted to the executive director for assimilation into the total meeting schedule of the association.

Special Meetings: Special meetings shall be held in accordance with the rule on official call, provided that funds are available in the budget for that purpose.

Official Call: Regular and special meetings shall be held at the call of the chairman or on the written request of three members of the council.

Notice of Meeting: Notice of regular or special meetings shall be sent to all members in advance by the chairman or secretary of the council.

Agenda: It shall be the duty of the chairman or secretary of a council to prepare the agenda for regular or special meetings and to send copies in advance to all members of the council and to the executive director of the association.

Roll Call: An official roll call shall be taken at all regular and special meetings and reported to the executive director of the association.

Quorum: A majority of the members of any council shall constitute a quorum (Bylaws, Chapter VIII, Section 90).

Voting: A majority of the members of any council present and voting shall be required for the passage of a motion unless otherwise provided in Sturgis Standard Code of Parliamentary Procedure. The chairman and elected members only shall have the right to vote.

New Business: Items of new business not listed on the agenda mailed in advance may be considered at a regular or special meeting of a council provided that approval is obtained by majority vote of the council members.

Minutes: It shall be the duty of the chairman or secretary of each council to record the minutes of all meetings and to send copies thereof to all members (of the council) and to the executive director of the association within thirty (30) days following the day of the meeting. The minutes shall be approved at the next meeting or by mail vote. It shall be the duty of the secretary of the council to keep a permanent file of all minutes of the council.

Budget

Administration: It shall be the duty of the chairman of each council to supervise the administration of the budget of that council. This duty may be delegated to the secretary of the council.

Preparation: Each council shall submit an annual report to the house, a quarterly report to the board, and shall submit a proposed itemized budget to the board (Bylaws, Chapter VIII, Section 110). (Amended: November 2004)

Budget requests shall be submitted to the executive director of the association on official forms on a date established by the executive director.

Reallocation of Budgeted Funds: A council shall use its funds only for the specific purpose described in the items of the budget. Authority for the reallocation of funds from one item to another may be granted by the executive director on written application, provided that the total of the authorized budget of that council is not exceeded.

Duties

Duties: Each council shall perform those duties assigned to it by the board (Bylaws, Chapter VIII, Section 120). The Bylaws set forth the requirements that each council shall submit an annual report to the House of Delegates and a copy thereof to the Board of Trustees; and each council shall submit a proposed itemized budget for the ensuing fiscal year to the Board of Trustees. (Amended: November 2004)

Judicial Council: The Bylaws, Chapter VIII, Section 150, outline certain specific duties for the Judicial Council. In addition to any duties assigned to it by the board and the house, the duties of the Judicial Council, which may, except as provided below, be delegated to panels of three (3) or more members of the council, shall be:

(a) To consider proposals for amending the CDA Code of Ethics and related matters.

(b) To provide advisory opinions regarding the interpretations of the ADA Principles of Ethics and CDA Code of Ethics.

(d) To hold hearings and render decisions in disputes arising between component societies.

(e) To exercise the powers of this association to discipline members, either upon its own initiative or upon request of any component society. Decisions of the council shall be final unless a right of appeal is provided in the Constitution and Bylaws of the American Dental Association.

(f) To act on the recommendation of the Membership Application Review Subcommittee (Amended: November 2004)

Policy Development Council: The Policy Development Council shall be charged with making policy recommendations to the appropriate CDA entities, including the Government Affairs Council, Board of Trustees and House of Delegates (Bylaws, Chapter VIII, Section 140). (Amended: November 2004)

Reports

Preparation: It shall be the duty of the chairman to supervise the preparation and submission of all reports of the council to the Board of Trustees and the House of Delegates. (The Bylaws, Chapter VII, Section 40.A, provide that the executive director “shall coordinate the activities of all councils and committees, including the preparation of their reports.”)

Annual Reports: Each council shall submit an annual report to the house, a quarterly report to the board, and shall submit a proposed itemized budget to the board (Bylaws, Chapter VIII, Section 110). (Amended June 1993; November 2004)

Resolutions: Reports of councils shall not present resolutions unless such resolutions have been circulated to the members of the council and approved by majority vote. If a council wishes to secure action on any matter by the Board of Trustees or House of Delegates, the resolution form must be used. Recommendations not phrased in resolution form will not be acted upon. Resolutions should be clear and short and limited to one subject.

General Rules

Employment: No council is authorized to engage any employees except on authorization of the executive director of the association.

Contracts: No contract involving the association in any way whatever may be completed by any member of any council. All contracts shall be analyzed by the association's legal counsel and a written report made thereon to the executive director.

Establishment of Policy: All councils are charged with recommending policy. No council may initiate or implement a new policy or a major extension or alteration of an existing one without prior approval of the Board of Trustees or House of Delegates.

Public Statements: No member of any council may issue a public statement in the name of that council or in the name of the association unless the statement is clearly in accord with the policies of the association as expressed by the Board of Trustees and the House of Delegates.

Communications: Communications dealing with major activities or policies of a council shall be sent to all members of the council by the chairman or secretary.

Relations with Other Organizations and Agencies: No council is authorized to appoint or designate official representatives of the association on the request of, or for liaison with, other organizations and agencies. When requests for official representation or liaison are received, nominations may be forwarded by the council concerned to the executive director of the association for action in accordance with rules established by the Board of Trustees.

All appointments of California Dental Association representatives as liaison to other organizations and agencies shall be made by the president of the association at the request of the appropriate council or committee. Liaison individuals shall be required to report to the appropriate council or committee.

Relations with Other Councils: It shall be the duty of the chairman to refer to the executive director of the association all matters coming to the attention of his council which properly belong in the jurisdiction of another council of the association. Requests for information or assistance to another council shall be made through the executive director of the association.

Relations with Central Office Staff: Councils may avail themselves of the services of the association staff on request to the executive director of the association.

The executive director is charged with the responsibility of coordinating the activities of all councils and committees, including the preparation of their reports (Bylaws, Chapter VII, Section 40.A).

Relations with Reference Committees of House of Delegates: It shall be the duty of each chairman, or of his duly designated representative, to be available for conference with the reference committees during the hearings and during the annual session of the House of Delegates.

Attendance at Meetings of House of Delegates: All chairmen of all councils, or their designated representatives, must register for all meetings of the House of Delegates. If the chairman is not officially a member of the House of Delegates, he may be seated in a special section provided for that purpose. All chairmen are required to attend the meetings of the reference committees which will consider the reports of their councils.

Privilege in House of Delegates: Council chairs who are not members of the house have the right to participate in debate on their respective reports but shall not have the right to vote (Bylaws, Chapter VIII, Section 100). (Amended: November 2004)

Preservation of Records: It shall be the duty of each council to preserve essential records which will be transferred to successor officers of councils on request of the executive director of the association.

Conferences: Councils are authorized to hold conferences and similar events on subjects coming within their purview provided that funds for such events are available in the budget.

Component Society Workshops and Programs: Council/committee chairmen are required to submit dates for workshops and component programs to the Executive Director’s office and CDA travel coordinator for coordination.
(Amended: May 2000)

Rules of Order: Councils shall be governed by Sturgis Standard Code of Parliamentary Procedure in their parliamentary proceedings except in cases of conflict with the Bylaws of this association.

Additional Rules for Councils: Councils are privileged to prepare additional rules which may be needed for the conduct of their affairs, but such rules shall not be established or amended without approval of the Board of Trustees.

Suspension of Rules: These rules may not be suspended or amended without approval of the Board of Trustees.

Reimbursement of Expenses

General Expenses: The general expenses of council members shall be reimbursed (1) when authorized by the chairman of the council; (2) when a proper invoice is submitted; (3) when provision for payment has been made in the budget of the council. All requests for reimbursement must be submitted on official forms and approved by the executive director of the association or his designee. (Amended: June 1992)

Reimbursement of Travel and Maintenance Expenses: It is the general policy to provide reimbursement for travel and maintenance expense for all personnel carrying on official business for the association on the basis of (a) the most direct and inexpensive method of travel; (b) funds available in the budget; (c) the completion of signed reimbursement requests approved by a proper authorizing official; (d) compliance with the following rules:

Basis of Reimbursement to Council Members: Members of the Board of Trustees, members of councils, members of committees, and other members traveling officially for the association shall be remunerated on the following formula when attending an official meeting of the association: IRS standard mileage rate at beginning of each fiscal year for travel (office to place of meeting, or airport, as necessary), airfare (intrastate-commuter fare, interstate coach fare); plus $75 per diem for travel on association business. The per diem is intended to defray all out-of-pocket expense for gratuities and meals. All hotel room and tax charges will be arranged through the CDA travel coordinator and borne by CDA as a direct bill expense. Officers are to be reimbursed by voucher for actual out-of-pocket expense. Travel out-of-state on association business shall receive prior review by the Executive Committee for the dentist member and by the executive director for staff, in order to provide control as to need and value of representation. (Amended: June 1992, June 1993, December 1996; November 2000)

Reimbursement from More than One Source: Reimbursement shall not be made by the association when reimbursement is made for the same expense by any other agency or organization.

Reimbursement for Attendance at Council Meetings: Reimbursement for transportation and maintenance expenses relating to a meeting of a council shall not be made unless all meetings of the session are attended or attendance is excused by the chairman.

Reimbursement of Employees: Employees of the association serving as secretaries of councils shall be reimbursed only for the actual costs of transportation and maintenance.

Reimbursement for Attendance at Annual Session of House of Delegates: Reimbursement for maintenance and transportation expenses relating to the annual session of the House of Delegates of the association shall be made only to the chairman of the council or his designee unless otherwise directed by the Board of Trustees.