Bylaws of the Alameda-Contra Costa Medical Association
(Adopted July 13, 1961)
CHAPTER I - NAME
The name of this organization is Alameda-Contra Costa Medical Association.
CHAPTER II - PURPOSES
The purposes of this Association shall be to bring into one organization the Doctors of Medicine and Doctors of Osteopathy of Alameda and Contra Costa Counties, so that by frequent meetings and full and frank interchange of views, they may secure such intelligent unity and harmony in every phase of their labor as will elevate and make effective the opinions of the profession in all scientific, medical, public health, medical economic, and social affairs in which the medical profession has a valid interest or public responsibility. In addition, the Association shall encourage research; protect its members against impositions; settle disputes and adjust ethical relations of its members; unite with similar societies in other counties of the state to form the California Medical Association; and, as an organized body, serve the public interest.
CHAPTER III - MEMBERSHIP
Section 301 - Eligibility for Membership
An applicant for membership shall have the following qualifications:
1) The applicant must be of good moral and professional standing, and must not practice, claim to practice, support or cooperate in any way with any exclusive or sectarian system of medicine;
2) The applicant must hold the degree of Doctor of Medicine or Doctor of Osteopathy issued to the applicant by an institution of learning accredited at the time of the issuance of such degree by the Medical Board of California or the Board of Osteopathic Examiners of the State of California;
3) A majority of the applicant's practice must be conducted in Alameda County or Contra Costa County, excepting as provided in Section 305.1.
Section 301.1
An applicant for active membership must hold an unrevoked or unsuspended license issued to him or her by the Medical Board of California or State Board of Osteopathic Examiners to practice medicine and surgery in the State of California.
Section 302 - Categories
The categories of membership shall be Active members, Affiliate members, Associate members, Honorary members, House Officer Affiliate members, Retired members and Medical Student members.
Section 302.1 - Active Members
Active members may vote and shall have all other rights and privileges of the Association.
Section 302.2 - Affiliate Members
A Doctor of Medicine or Doctor of Osteopathy, who is an Active member of another component society of the California Medical Association, who also practices in Alameda or Contra Costa County is eligible for election to Affiliate membership. Affiliate members shall have the rights and privileges of Active members, except the rights to vote and hold office.
Section 302.3 - Associate Members
A Doctor of Medicine or Doctor of Osteopathy engaged solely in medical research, teaching or other scientific work contributing to medicine or the public health is eligible for election to Associate membership. Associate members shall have the rights and privileges of Active members, except the rights to vote and hold office.
Section 302.4 - Honorary Members
The Council may elect as Honorary members any persons distinguished for their services to or attainments in the practice of medicine or osteopathy, in the field of public health or research, or for other scientific contributions to medicine. Honorary members shall not pay dues, and shall not have the right to vote, to hold office, or to serve on committees.
Section 302.5 - House Officer Affiliate Members
A Doctor of Medicine or Doctor of Osteopathy who is an intern or resident in an approved hospital within the area encompassed by the Association is eligible for election to House Officer Affiliate membership, which membership shall continue only so long as House Officer status is maintained. Affiliate House Officer members shall have the rights and privileges of Active members, except the rights to vote and hold office.
Section 302.6 - Retired Members
Retired members may be elected by the Council from those Active and Associate members who have ceased the practice of medicine or osteopathy and who may otherwise be eligible through provision of the bylaws of the California Medical Association. Retired members shall pay no dues and shall not have the right to vote or hold office.
Section 302.7 - Medical Student
Members Medical Students who are enrolled in a medical school program accredited by the Liaison Committee on Medical Education or the American Osteopathic Association and which is located in Alameda or Contra Costa County are eligible for election to Medical Student membership. Membership shall continue only so long as the enrollment in the program is maintained. Medical Student Members shall have the rights and privileges of Active members, except the rights to vote and hold office.
Section 303 - Application for Membership
Any physician desiring to become a member of this Association shall make application in writing on an application form provided for that purpose. The applicant shall state his or her age, academic history, date(s) of graduation, the places in which he or she has practiced medicine and surgery, and the years practiced in each location, the date and jurisdiction of any license to practice and such additional information as may be required by the ACCMA Council. The applicant shall agree to be bound by the bylaws of this Association if elected to membership. The applicant shall state the class of membership for which application is made, and he or she shall submit proof of such facts relevant to his or her eligibility for membership as shall be required by this Association.
Section 303.1
All applications for membership in this Association shall be referred to the Credentials Committee, which shall make recommendation to the Council within seven months of receipt of each application. In the event of an adverse recommendation by the Credentials Committee, the applicant shall have the right of appeal and hearing as provided in the bylaws of the California Medical Association.
Section 303.2
The names of all applicants for membership in any class shall be published in ACCMA Bulletin, and mailed to all members at least fifteen days prior to action thereon by the Council.
Section 304 - Election to Membership
Election to membership in any class of this Association shall be by vote of the Council. Voting shall be by ballot, and a two-thirds affirmative vote of the members of the Council present and voting shall be required to elect.
Section 304.1
Upon recommendation of the Credentials Committee, a physician accompanying his or her application with a transfer certificate from another component county society of the California Medical Association within sixty days of the issuance of said certificate, may be admitted to membership by a majority vote of the Council. No annual dues for the current year shall be charged against a transfer applicant, provided the applicant has paid current dues to the county society from which the transfer certificate was obtained.
Section 305 - Transfer Certificate
A member in good standing who is free from all indebtedness to this Association, and against whom no charges are pending, may be granted a transfer certificate. Such certificate shall state the date the member associated with this Association, the date of the issuance of the certificate, and shall be signed by the Secretary-Treasurer.
Section 305.1
A Doctor of Medicine or Osteopathy who resides in either Alameda County or Contra Costa County and who practices in a contiguous county may apply to this Association for membership if both this Association and the county medical association of the area in which the applicant's major office is located approve.
Section 306 - Leave of Absence
The Council may grant leave of absence to a member in good standing for:
a) Postgraduate study;
b) Illness or incapacitation of at least three months duration;
c) Active duty with the Armed Forces.
During such leave dues to this Association may be suspended by the Council.
Section 307 - Censure, Suspension and Expulsion
A member who is guilty of a criminal offense or gross misconduct either as a physician or as a citizen, or who violates either the provisions of these bylaws or the Principles of Medical Ethics of the American Medical Association or who fails to cooperate with or appear before any committee or Council of the Association after reasonable notice from or on behalf of such committee or Council, shall be liable to censure, suspension or expulsion.
Section 307.1
The procedure to be followed shall be that provided in the bylaws of the California Medical Association.
Section 307.2
Members suspended from this Association shall not take part in any of the proceedings or be eligible for any office in the Association until the term of suspension has ended.
Section 307.3
Expelled members shall be eligible for membership five years from date of expulsion and members who resign following the issuance of formal charges shall be eligible for membership after three years from the date of such resignation, on the same terms and in like manner as original applicants.
Section 308 - Judicial Council
The Judicial Council shall consist of twelve or more members appointed by the Council. One-third shall be selected annually by the Council at each December meeting for a three-year term ending with the election of their respective successors. The Council at its discretion may appoint five or more members of the Judicial Council to hear and decide cases referred to it. Assignment may be made on either a rotating or a geographical basis. The duties of the Judicial Council are detailed in the bylaws of the California Medical Association.
CHAPTER IV - DUES AND ASSESSMENTS
Section 401 - Raising of Funds
Funds shall be raised by annual per capita assessment of dues upon the various classes of membership. Within each class the amount of annual dues shall be equal and uniform but as between classes the amount of annual dues may vary, except as provided for in Sections 402.3 and 402.5. Funds may also be raised by voluntary contributions, or by special assessment, or in any other manner approved by the Council.
Section 402 - Annual Dues
The dues for each class of membership shall be fixed annually by the Council no later than its regular October meeting. Dues shall be payable January 1 for the ensuing calendar year.
Section 402.1
The annual dues payable to this Association by Active members shall include the amount fixed by the Council as the dues to be retained by this Association, and the annual dues payable to the California Medical Association. Likewise the annual dues payable to this Association by Associate members shall include any required dues to the California Medical Association.
Section 402.2
New members, who have not prior thereto held membership in this Association and who are elected to membership in July or thereafter of any year, shall pay no dues for such year in the class of membership to which elected.
Section 402.3
Doctors of Medicine or Doctors of Osteopathy licensed to practice in California and otherwise eligible for Active membership in this Association, who have not been a member of the Association in the previous four years, excluding internship, residency, or compulsory military service, are eligible for such reduction in regular dues as may be provided by the Council and by the California Medical Association.
Section 402.4
Dues of members who elect membership in the American Medical Association shall be payable annually at the same time as dues to this Association and the California Medical Association.
Section 402.5
Active, Associate and/or Affiliate members who are engaged in the practice of medicine between one (1) and twenty (20) hours per week may, upon application become eligible for a special dues rate as may be provided by the Council and by the California Medical Association.
Section 403 - Delinquency
Membership shall terminate automatically if annual dues are unpaid after April 1. Such delinquent former members who desire reinstatement may be required, at the discretion of the Council, to re-apply for membership and/or pay a reinstatement fee in addition to the regular dues.
CHAPTER V - MEETINGS
Section 501 - Regular Meetings
The Council may call meetings of the Association at times and places convenient to the membership. Due notice of such meetings shall be mailed to the membership and published in ACCMA Bulletin.
Section 501.1 - Quorum
A quorum for the making of decisions at any general Association meeting shall be 10% of the current Active membership. In order to be binding, any action passed at a regular or special general meeting must be approved subsequently by the Council. If the Council should choose not to approve, it shall submit the action to a referendum of the general membership. A decision of a general meeting shall be binding without the necessity of Council approval or referendum if 51% of the membership is present and voting.
Section 502 - Special Meetings
Special meetings may be called by the President, and shall be called upon a written request of fifty members. The call for a special meeting shall state the objects of such meeting, and no business except that stated in the call shall be transacted at this meeting. The Secretary-Treasurer shall give at least seven days notice of any special meeting in such manner as may be prescribed by the Council.
Section 503 - Annual Meeting
The annual meeting of the Association shall be held during November of each year at which time all newly elected officers of the Association shall be installed.
Section 503.1
The Secretary-Treasurer shall notify all officers, Councilors, and Delegates or Alternates to the House of Delegates of the California Medical Association of their election. The Secretary- Treasurer shall specifically point out their duties and the fact that nonattendance at meetings may result in disqualification to hold office.
CHAPTER VI - COUNCIL
Section 601 - Duties
The Council shall be the legislative body of the Association, and shall administer the affairs of the Association in substance and maintain an adequate staff therefore. At all times it shall give due regard to the policies of the Association as expressed from time to time at meetings of the membership. It shall fill all vacancies occurring in any office.
Section 601.1
A quorum of the Council shall be a majority of its members.
Section 601.2
An affirmative majority vote of the quorum of the Council shall be necessary for the adoption of any motion or resolution, except a motion to recess or adjourn.
Section 602 - Composition
The Council shall consist of the President, President Elect, Secretary-Treasurer, the Immediate Past-President, and such Councilors as are elected in the number and manner provided in these bylaws.
Section 602.1
Alternate Councilors are encouraged to attend all Council meetings as observers and shall represent their district with vote in the business of the Council in the absence of the Councilor from his or her district.
Section 603 - Meetings
The Council shall hold regular meetings at times and places designated by it. The annual meeting of the Council shall be the regular meeting held in the month of November.
Section 603.1
Special Council meetings may be called by the President at any time, and shall be called upon request of any four members of the Council. At least two days notice of all special meetings must be given, unless such notice is waived by all members of the Council. The call for a special meeting must state the nature of the business to be considered; no other business shall be transacted.
Section 603.2
Active members of the Association may attend meetings of the Council, but shall not take part in the proceedings except on invitation.
Section 603.3
If a Council member does not attend at least two-thirds of the regular Council meetings during any year that Councilor shall automatically forfeit that office unless such absences have been officially excused by the Council.
Section 604 - Executive Committee of the Council
The Executive Committee of the Council shall consist of the President, as chairperson, the President Elect, Secretary-Treasurer and the Immediate Past-President and one member of the Council, to be selected by vote of the Council at its first meeting, representing a district which does not otherwise have a member on the Executive Committee. If Alameda County or Contra Costa County is unrepresented on the Executive Committee, this appointment must be made from that county. This committee has the power and authority to transact Association business of an emergency or unusual nature between Council meetings, in consonance with stated Council policy. All transactions of this committee shall be reported in full at the next regularly scheduled meeting of the Council, and shall be subject to Council review and appropriate action.
CHAPTER VII - OFFICERS
Section 701 - Definition
The officers of this Association are: the President, President Elect, Secretary-Treasurer, Immediate Past-President and the Councilors.
Section 701.1
The President, President Elect, Secretary-Treasurer, Immediate Past-President and Councilor-At-Large are required to be Active members and shall have been Active members in good standing of the Association for at least three years immediately preceding election.
Section 701.2
Except as provided in Section 701.3, Councilors and Alternate Councilors are required to be Active members and shall have been Active members in good standing of the Association for at least two years immediately preceding election.
Section 701.3
Upon majority vote of the Council and/or the membership, and in accordance with election procedures and provisions for filling vacancies stipulated in these bylaws, a Councilor and Alternate Councilor may represent a newly established Councilor District without said Councilor and/or Alternate Councilor meeting eligibility requirements for candidacy stipulated in Section 701.2. A newly established Councilor District is defined as a district that has been in existence for a period of not more than two years.
Section 702 - Election of Officers
The President, President Elect and Secretary-Treasurer shall be elected annually for a term of one year and shall serve until their successors are installed. The Councilors and Alternate Councilors shall be elected for three-year terms and shall serve until their successors are elected and installed.
Section 702.1
In the event of a vacancy occurring in any office, the Council shall fill the vacancy until the next annual election. In the event a vacancy occurs in an office having a term of more than one year, the member elected at the next annual election shall serve for the balance of the unexpired term of the member originally elected to such office. Section 702.2 In the event a vacancy occurs in the office of Councilor, the duly elected Alternate Councilor shall succeed to the office of Councilor. The vacancy shall be considered to be in the office of Alternate Councilor and shall be filled by the Council until the next annual election, when the office shall be filled for the balance of the unexpired term by election.
Section 703 - Duties of Officers
The President shall preside at all meetings of the Association and of the Council, and shall perform such duties as custom and parliamentary usage require.
Section 703.1
The President Elect shall assist the President in the discharge of the President's duties, and in the absence of the President shall preside. In the event of the President's death, resignation, or removal, the President Elect shall succeed to the office of President for the unexpired term.
Section 703.2
The Secretary-Treasurer shall attend all meetings of the Association and of the Council, and shall be a member of the Council, and shall keep minutes of their respective proceedings in separate record books. The Secretary-Treasurer shall demand and receive all funds due the Association, together with all bequests and donations; shall pay money out of the treasury only on approval of the Council; shall submit this account to the examination of a certified public accountant annually immediately following the close of business at the end of each fiscal year; and shall submit the accountant's statement to the Council at its first meeting following completion of the audit. The Secretary-Treasurer shall keep a correct list of the members who have paid their dues, and for whom an assessment is to be paid to the California Medical Association, and shall furnish the same to the secretary of the California Medical Association, on his or her request. The Secretary-Treasurer shall promptly pay to the treasurer of the California Medical Association the assessment of the Alameda-Contra Costa Medical Association made by the California Medical Association, whenever the same shall be properly and correctly rendered, and when approved by the Council of the Alameda-Contra Costa Medical Association. The Secretary-Treasurer shall mail to each member of the Association all official bulletins and notices; shall be the custodian of the charter and seal of the Association and of all records and papers of the Association, and shall perform all duties with which he or she is charged in the bylaws; and shall attend meetings of the Bylaws Committee of which he or she is a member. The Secretary-Treasurer may receive such compensation as determined by the Council for services rendered.
Section 703.3
The Council may at any time appoint an Assistant Secretary-Treasurer, who shall hold office at the pleasure of the Council. The duties of the Assistant Secretary-Treasurer shall be to aid and assist with the duties of the Secretary-Treasurer, and in the absence of the Secretary-Treasurer to act as and perform the duties of the Secretary-Treasurer.
CHAPTER VIII - DELEGATES TO THE CALIFORNIA MEDICAL ASSOCIATION
Section 801 - Election
Delegates and Alternates to the House of Delegates of the California Medical Association shall be elected in such number and in such manner as the constitution and bylaws of the California Medical Association require. Unless the constitution or bylaws of the California Medical Association otherwise requires:
a) The President, President Elect, Secretary-Treasurer, and the Immediate Past-President of the Association shall be Delegates.
b) Remaining Delegates to fill the number authorized by the California Medical Association shall be elected annually by the Council, being selected so far as is possible from the membership of the Council: when the eligible Delegates exceed the current allotment of seats in the House of Delegates, the President, in consideration of volunteers and seniority, shall assign those in excess as Alternate Delegates.
c) All Alternate Councilors shall form a pool from which the President may select as many individuals as necessary to complete the allotment of Alternates permitted in any given year by the California Medical Association House of Delegates. Additional Alternate Delegates, when needed, shall be appointed by the President with the consent of the Council to serve for the immediate California Medical Association Annual Session only.
Section 802 - Duties
Delegates to the House of Delegates of the California Medical Association shall attend all meetings of the House of Delegates and shall faithfully represent this Association and the profession of Alameda and Contra Costa Counties. In the absence of a Delegate or the Delegate's inability to serve, a regularly elected Alternate shall be designated by the President to serve in the Delegate's place.
CHAPTER IX - TRUSTEES TO THE CALIFORNIA MEDICAL ASSOCIATION
Section 901 - Election
Trustees to the Board of Trustees of the California Medical Association shall be elected in such number and manner as the constitution and bylaws of the California Medical Association shall specify. Unless otherwise required by such constitution and bylaws, nomination and election shall be as provided in the California Medical Association bylaws.
Section 901.1
The holding of office or nomination to an office of the Alameda-Contra Costa Medical Association or American Medical Association shall not preclude nomination or election as a Trustee to the California Medical Association Board of Trustees.
Section 902 - Term
Election shall be for a three-year term. Section 903 - Duties Trustees to the Board of Trustees of the California Medical Association shall attend all meetings of the California Medical Association Board of Trustees and shall faithfully represent this Association and the medical profession of Alameda and Contra Costa Counties.
CHAPTER X - DELEGATES TO THE AMERICAN MEDICAL ASSOCIATION
Section 1001 - Election
Delegates and Alternates to the House of Delegates of the American Medical Association shall be elected in such number and manner as the constitution and bylaws of that organization and the California Medical Association shall specify. Unless otherwise required by such constitution and bylaws, nomination and election shall be as provided in Chapter XIII, Sections 1301, 1302, 1303, and 1304 of these bylaws. Only those members of this Association who have elected membership in and paid dues to the American Medical Association shall be entitled to stand for election or vote for the offices of Delegate or Alternate Delegate to the House of Delegates of the American Medical Association.
Section 1001.1
The holding of office or nomination to an office of the Alameda-Contra Costa Medical Association or California Medical Association shall not preclude nomination or election as a Delegate to the American Medical Association.
Section 1002 - Term
Election shall be for a two-year term.
Section 1003 - Duties
Delegates to the House of Delegates of the American Medical Association shall attend all meetings of the House of Delegates and shall faithfully represent this Association and the profession of Alameda and Contra Costa Counties. In the absence of a Delegate or the Delegate's inability to serve, the elected Alternate shall serve in the Delegate's place.
CHAPTER XI - COMMITTEES
Section 1101 - Appointment of Committees
Except as noted below, the President shall annually appoint standing committees and such other committees as are necessary to carry out the business and purposes of the Association. The President shall be an ex officio member of all committees; shall clearly describe the duties and functions of each committee; and shall notify the chairperson and members of the committee of their appointment as soon as possible after his or her installation in office; shall notify the membership, through publication in the earliest possible edition of ACCMA Bulletin and by any other practical means, of the membership of each committee. Each committee member shall serve until a successor is appointed.
Section 1101.1
The Council may appoint, or authorize the appointment of, special committees which may be reappointed from year to year if their work is of a nature to demand attention.
Section 1102 - Standing Committees
Standing committees shall be Bylaws, Credentials and Finance.
Section 1102.1 - Bylaws Committee
The Bylaws Committee shall consist of the Secretary-Treasurer and six other members appointed by the Council which shall designate its chairperson. Except for the Secretary-Treasurer, committee members shall serve for three years, two members being appointed or reappointed each year. It shall be the duty of this committee to study suggested changes in the bylaws and report its decisions to the Council. When so directed by the Council, the committee shall arrange for submission of proposed amendments to the membership as provided elsewhere in these bylaws.
Section 1102.2 - Credentials Committee
The Credentials Committee shall consist of seven or more members of the Association who are not officers or members of the Council. It shall faithfully and carefully investigate the personal and professional standing of all applicants for membership, and report the same with recommendations to the Council. The committee shall make no effort to secure new members, but rather shall confine its efforts to careful evaluation of those applying for membership, to the end that membership in this Association may be accepted as proof of a physician's high professional character, ethical conduct, and scientific training and ability. The chairperson of the Credentials Committee shall submit the report of the committee to the Council at each of its regular meetings, either in person or by the chairperson's duly appointed designee.
Section 1102.3 - Finance Committee
The Finance Committee shall consist of five members or past members of the Council to include the President, the President Elect, and the Secretary-Treasurer. The President, President Elect and Secretary-Treasurer's terms shall be for one year and shall coincide with their terms as President, President Elect and Secretary-Treasurer. Each of the other two members shall serve for three years. The duties of the Finance Committee shall be to review the financial operations of the Alameda-Contra Costa Medical Association and its subsidiaries; approve proposed non-routine expenditures before the expenditures are made; assist in preparing the Alameda-Contra Costa Medical Association budget for the ensuing year; and to approve the salary changes for the executive director of the Association.
CHAPTER XII - COUNCILOR DISTRICTS
Section 1201 - Purposes
The area of the two counties making up the Association shall be divided into several Councilor districts to provide a basis for the election of the Council and ensure equitable representation of the entire membership. The Councilor districts are to be drawn with consideration of the following factors:
a) Geographical area and topographical features.
b) Physician population.
c) Established patterns of practice, such as hospital utilization, referral habits, community identification and other psychological characteristics.
(d) Optimum size of the Council.
Section 1202 - Establishment of Councilor Districts
The Council shall approve and adopt a specific outline of Councilor districts based on a study by the Bylaws Committee. Accurate descriptions and a detailed map showing the boundaries of the various districts shall be kept in the Association office and shall be available to the membership for its information.
Section 1203 - Revision of Councilor Districts
Every five years during each calendar year divisible by five, the Council shall initiate a review of Councilor district boundaries, and, based on a study by the Bylaws Committee, or other agency which it may designate, make any appropriate changes in the districts.
CHAPTER XIII - ELECTIONS
Section 1301 - Nominating Committee
The President of the Association shall appoint a Nominating Committee subject to the approval of the Council at a regular meeting not later than the May meeting of the Council. This committee shall consist of one representative from each Councilor district, one of whom shall be named by the President to serve as chairperson. Not more than five members of the Nominating Committee shall be members of the Council. The Nominating Committee shall nominate the officers of the Association, Councilors and Alternate Councilors from the various Councilor districts, Trustees to the California Medical Association, and Delegates and Alternate Delegates to the American Medical Association. On or before September 1 in each year, the Nominating Committee shall nominate one candidate for each office wherein a vacancy will exist at the next annual meeting. The names of the nominees, together with the offices for which they are nominated, shall be delivered to the Secretary-Treasurer on or before September 1. The Secretary-Treasurer shall immediately mail the list of such nominees to the Active members, together with a return post card addressed to the Association on which additional nominations may be made by any Active member of the Association. Nominations may be received by the Secretary-Treasurer up to and including October 1. A member of this Association who is not a member of the American Medical Association is not eligible to submit nominations or to be a nominee for the offices of Delegate or Alternate Delegate to the House of Delegates of the American Medical Association. On receipt of each nomination, the Secretary-Treasurer shall immediately determine the eligibility of the nominee for the respective office and verify in writing the consent of such nominee to serve if elected. The three nominees receiving the highest number of nominations from the Active members, and who have signified their willingness to serve if elected, shall be placed on the ballot along with the nominee for such office selected by the Nominating Committee. In the event of a tie for the third highest nominee for any elective office received from the Active members, all persons tying for third place shall be placed on the ballot along with the first and second nominees and the nominee of the Nominating Committee.
Section 1302 - Ballots
On or before November 1, the Secretary-Treasurer shall cause to be mailed to each voting member a ballot on which shall be printed the names of the nominees together with the offices for which they are respectively nominated, and all names under each office shall be arranged alphabetically. Incumbents may be so designated.
Section 1303 - Elections
The election shall be held on the second Thursday of November, at the office of the Association, and the polls shall be closed at 12 noon. The Council shall appoint six tellers, who shall have charge of the polls. A list of those members entitled to vote, certified by the Secretary-Treasurer, shall be furnished to the tellers, and the name of each person voting shall be checked off the list. One may vote in person or by mail. Each person voting by mail shall sign the outside of the envelope enclosing the ballot, and all ballots sent by mail shall reach the tellers before the time set for the closing of the polls. The name on the outside of the envelope shall be read by the teller, and if found on the list of qualified voters checked off, the envelope opened, and the ballot placed in the box. After the polls close, the tellers shall count the ballots and report the results to the Association at the annual meeting and immediately deliver to the Secretary-Treasurer all ballots and tally sheets, which shall be kept on file for one year. The nominee receiving the highest number of votes for the office for which that person was nominated shall be declared elected. In the event of a tie vote for any office at the election, the candidates tying for first place shall decide by lot between themselves, and the winner of the lottery shall be declared elected.
Section 1304 - Election of Councilors
The Councilors, other than the President, President Elect, Secretary-Treasurer, and the Immediate Past-President, shall be elected as follows: One Councilor shall be elected from and by the membership of each Councilor district, plus one for each 175 members, or fraction thereof, in excess of the first 175.
Section 1304.1
For each Councilor elected an Alternate Councilor shall be elected.
Section 1304.2
The method of nomination and procedure for election of Councilors and Alternate Councilors to the Alameda-Contra Costa Medical Association, Trustees to the California Medical Association and Delegates and Alternate Delegates to the American Medical Association shall be the same as that set forth in these bylaws for nomination and election of officers of this Association.
CHAPTER XIV - REFERENDUM AND PETITION
Section 1401 - Initiation of Referendum
A pending resolution or motion may be referred to the vote of all the Active members by a majority vote of a quorum at any Association meeting or by a majority vote of the Council. A resolution or motion adopted at an Association meeting may within 30 days by a two-thirds vote of all Council members be referred to the vote of all the Active members.
Section 1402 - Form of Referendum: Arguments
The Council shall fix the form of the question to be submitted when not specified in the motion of reference. A member may submit to the Council written argument not exceeding 1000 words for or against the resolution or motion within 15 days of the vote of reference. The Council shall choose at least one argument on each side to mail with the ballots.
Section 1403 - Manner of Voting: Time of Voting: Canvass
All references to the membership under this chapter shall be by mail ballot. The time within which each member shall cast his or her vote may be fixed in the motion and reference, and if not so fixed shall be 15 days from the date of mailing the ballot. Every vote must be in writing, and each must be placed in a sealed envelope bearing on the corner thereof the name of the voter. The envelopes shall be mailed or delivered to the office of the Association. The canvass thereof shall be made by a committee to be appointed by the President. The Secretary-Treasurer shall deliver to such committee all ballots timely received, and the committee shall canvass the vote and report the results thereof immediately to the Secretary-Treasurer.
Section 1404 - Effect of Referendum
To be considered adopted, any resolution or motion submitted to the membership by referendum shall require the affirmative vote of a majority of those voting.
Section 1405 - Petition
Any 25 Active members may petition the Council on any matter, and such petition must thereupon be heard and considered at the next ensuing regular meeting of the Council.
CHAPTER XV - MISCELLANEOUS
Section 1501 - Medical Ethics
The Principles of Medical Ethics of the American Medical Association, together with such principles of professional conduct as this Association may adopt by a majority vote of its Active members, shall govern this Association and all members thereof.
Section 1502 - Rules of Order
Sturgis' Standard Code of Parliamentary Procedure shall be the parliamentary guide when not in conflict with these bylaws.
Section 1503 - Separation of Contra Costa County Medical Society
The members of the Alameda-Contra Costa Medical Association who practice in Contra Costa County may at any time by a majority vote of the Active members elect to reestablish the Contra Costa County Medical Society, and if they so elect and if the California Medical Association issues a charter to such reestablished Contra Costa County Medical Society, then and in such event this Association shall pay to the reestablished Contra Costa County Medical Society, an amount equal to the increase in net worth of this Association from the time it became the Alameda-Contra Costa Medical Association to and including the time of issuance by the California Medical Association of a charter to the reestablished Contra Costa County Medical Society, that is attributable on a per capita basis to the active members involved; provided, however, that payment of such increase in net worth may be made by this Association in twelve equal quarterly installments.
Section 1503.1
Upon the reestablishment of the Contra Costa County Medical Society, the name of this Association shall immediately and automatically revert to its former name, to wit: Alameda County Medical Association.
Section 1504 - Property Rights
No person other than an active member in good standing shall have any interest in the property of the Association, and the interest of any active member therein shall cease when that person ceases to be a member of the Association. Cessation of membership for any reason whatsoever in this Association shall automatically operate as a release and assignment to the Association of all right, title and interest of such member in and to all of the property of the Association.
Section 1505 - Amendments
These bylaws, or any portion thereof, may be amended, modified, or repealed by a two-thirds vote of the Active members voting by written ballot, which may include written arguments for and/or against said amendment. Any proposed amendment, modification or repeal shall have been submitted in writing and published in ACCMA Bulletin mailed to each Active member at least two weeks prior to submission to vote of such amendment, modification, or repeal. Such publication shall include a resume and explanation of all substantive changes proposed. Ballots shall be mailed to all Active members at least thirty days after the first presentation of the proposed amendment and only those ballots properly executed and returned to the Association within fifteen days will be counted. The ACCMA Council may, at its discretion, amend these bylaws in order to conform with changes in the law or changes in the ACCMA organization or its subsidiaries, upon two-thirds vote of Councilors present at a duly constituted meeting, so long as such changes do not change the intent or effect of these bylaws, or conflict with the Mutual Benefit Corporation law. Any such amendment which is adopted by the Council shall be published in ACCMA Bulletin.
Section 1506
The constitution and bylaws of the California Medical Association shall govern in the event of any conflict with these bylaws.
Section 1507
The previous constitution and bylaws of this Association are hereby repealed.
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- To ensure adequate time to process applications before the January 3, 2011. Medicare is strongly encouraging physicians who are not currently enrolled in PECOS to initiate Medicare enrollment.
- MBC Notice to Consumers
- California physicians are now required to provide a "Notice to Consumers" to notify patients that they are licensed and regulated by the Medical Board of California (MBC). Find resources to comply.