CLEAR News - Summer 2003



Council on Licensure, Enforcement and Regulation
Proposed BYLAWS Changes

The Board of Directors invites comment from the membership on the following proposed bylaws changes. Please send comments on the proposed changes by Monday, August 4, 2003 Pam Brinegar, 403 Marquis Avenue, Suite 100, Lexington, Kentucky 40502, facsimile (85931-1943, e-mail pambr@mis.net.

Background
CLEAR�s board originally had 9 members. In 1983 it was expanded to 13 seats and in 1986, moved up to its current size of 15 members. These moves were made to increase avenues for member participation. The board expressed an intent to restore a smaller size once CLEAR had a voting process in place for its members. The issue is currently under consideration because many state agencies in particular have found it increasingly difficult to make the necessary financial commitments for board service.

The Proposed Changes
The proposed changes would reduce the size of CLEAR�s Board of Directors to eleven members and bring other areas of the bylaws in line with that change.

                                                                    ARTICLE III

                                                               Board of Directors

Section 1. The CLEAR Board of Directors shall consist of the following fifteen (15) eleven (11) persons:
(a) President;
(b) President-Elect;
(c) Immediate Past President;
(d) twelve (12) eight (8) other elected members, one of whom shall be an associate member. Board members who experience a change in status and who remain members of CLEAR may serve the remainder of their terms.

Section 6.  The Board of Directors may remove a member of the Board of Directors for cause. A member of the Board of Directors may be removed by a majority vote of those present, but in no event fewer than seven six, of the Board of Directors, for a conviction of a felony, failure to perform duties of the office or other causes as may be specified in Board policies.

                                                                    ARTICLE VII

                                                                       Meetings

Section 2.  Special meetings of the Board of Directors may be called by the President or a majority vote of the currently seated Board of Directors.

Section 3.  At any annual or special meeting of the Board of Directors a quorum for the transaction of business shall consist of a majority of the currently seated Board of Directors members. When a quorum is present, a simple majority of the members present shall decide all votes except where otherwise stated in these Bylaws. No proxies are permitted for Board of Directors meetings.

Section 4.  Board of Directors meetings shall be open. The Board of Directors may move to go into closed session by a motion specifying the purpose of the session and a three-fourths roll call vote of the currently seated members. Closed session items shall be limited to: personnel matters, board member removal, pending or current litigation, or contracts.

                                                                  ARTICLE VIII

                                                                   Amendments

Section 1.  Written notice of the subject matter of any bylaws revision shall be given to the membership for comment a minimum of thirty days prior to the action taken by the Board of Directors. The Bylaws and any amendments thereto may be adopted, altered, amended, added to or repealed at any meeting of the Board of Directors by the a three-fourths vote of currently seated members present. Written notice of any proposed changes to the Bylaws and amendments shall be given to the Board of Directors no later than 21 days preceding the date upon which the vote to adopt, alter, add to or repeal will be taken.

                                                                    ARTICLE IX

                                                            Emergency Procedure

Section 1.  Any article of these Bylaws to the contrary notwithstanding, emergency procedures as felt to be necessary for the continued well being of CLEAR may be effectuated by an affirmative recorded roll call vote of three-fourths of the currently seated Board of Directors membership to be voted on through a telephone conference call; mail, facsimile or e-mail ballot; or meeting.

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