Policies and Procedures for Board and Council Joint Oversight

(As approved November 22, 2014)

J1. Amendments to the Constitution and Bylaws (C&BL): A proposed amendment to the C&BL may be introduced by:

1. Recommendation to the President from the Governance Committee;
2. Recommendation to the President by an affirmative vote of a simple majority of the Council members present at a regularly scheduled meeting;
3. Receipt by the President of a petition signed by at least one percent of the total number of members given in the latest membership list of the Society.
4. Receipt by the President of a recommendation by the Executive Committees of two Units of the Society.

The President is responsible for bringing the proposed amendment to the Board and Council for deliberations. After an affirmative vote of a majority of the Board members present and a majority of the Council members present to consider the amendment, the amendment shall be distributed to all Society members for an opportunity to submit comments with at least sixty days prior notice of the dates for final vote of the Board and Council. The Board and Council may not move to consider a vote on the amendment unless 2/3 of the voting members of the Board and 2/3 of the voting members of Council, respectively, are present (in person or virtually). A majority vote of the Board and a majority vote of the Council shall serve to adopt the new amendment. Voting is by roll call vote of those present. The complete text of the Constitution and Bylaws including any amendments and the date of its adoption by the Board and Council shall be posted on the APS website within 30 days of adoption.

J2. Modifications to the Board, Council, and Joint Oversight Policies and Procedures (P&Ps): Proposals to establish or amend the P&Ps of the Board and/or Council may be introduced by:

1. Recommendation to the President from the Governance Committee;
2. Recommendation to the President by an affirmative vote of a simple majority of the members of the Board and/or Council present at a regularly scheduled meeting;
3. Receipt by the President of a petition signed by at least one percent of the total number of members given in the latest membership list of the Society.
4. Receipt by the President of a recommendation by the Executive Committees of two Units of the Society.

The President is responsible for bringing the proposed new or amended P&Ps to the Board and/or Council for deliberations, depending on which P&Ps are affected. The Board and/or Council may not move to consider a vote on the new or amended P&Ps unless 2/3 of the voting members of the Board and/or 2/3 of the voting members of Council, respectively, are present (in person or virtually). For all P&Ps, an affirmative vote of a majority of the Board shall serve to adopt the new or amended P&Ps. For Council and Joint Oversight P&Ps, an affirmative vote of a majority of the Council is required before adoption. Voting is by roll call vote of those present. The complete text of the new and/or amended P&Ps and the date of adoption by the Board and/or Council shall be posted on the APS website within 30 days of adoption.

J3. Joint Oversight Committees of the Board and Council:

J3.1 - Committee on Scientific Publications. The Committee on Scientific Publications consists of the Editor-in-Chief, the CEO, the APS executive staff with responsibility for finances and publishing, and eight (8) other members selected by the Committee on Committees and appointed by the President-Elect to staggered four (4) year terms. The President-Elect appoints a Chair from among these eight (8) members. The Committee proposes guidelines for the operating philosophy of publications and oversees general editorial policy. It meets at least two (2) times each year, and it makes recommendations to the Board and Council regarding the scientific publications of the Society.

J3.2 - Panel on Public Affairs. The Panel on Public Affairs (POPA) consists of a Chair, Chair-Elect, Vice Chair, immediate Past Chair, the Vice President, the Chair of the Physics Policy Committee (PPC), the Congressional Fellow(s) in the second year following the year of service, fourteen (14) members elected by Council to staggered three (3) year terms, and (1) member elected by the Forum on Physics and Society to a three (3) year term. The candidates for election as members of POPA are selected by the Nominating Committee. The Vice Chair is elected by Council and serves in that office for one (1) year, then as Chair-Elect for one (1) year, then as Chair for one (1) year, and then as Immediate Past Chair for one (1) year. A POPA Steering Committee consisting of the Chair, the Chair-Elect, the Vice Chair, the Vice President, the PPC Chair, and at least two (2) additional members selected from among and by the members of POPA. POPA is responsible for making recommendations to the President, the Board, and the Council on public affairs activities of the Society that have been designated by the Board or Council. POPA may initiate new public affairs activities for the Society and may recommend new programs to the Council. POPA shall keep minutes and distribute them to POPA members and to the Council and Board.

J3.3 - Physics Policy Committee. The Physics Policy Committee (PPC) consists of a Chair appointed by the President-Elect to a renewable one (1) year term, twelve (12) members, appointed by the President-Elect to staggered three (3) year terms, the President-Elect, the Congressional Fellows(s) in the first year following the year of service, and the Chair of POPA. The PPC addresses those science policy issues that affect the development of physics, the health of the institutions in which physics is practiced, the resources available to physics, and the balanced use of these resources for the nation's scientific and technological needs. PPC shall make recommendations to the President, the Board, and the Council on these science policy issues. Recommendations from the PPC on public statements shall be considered by the POPA Steering Committee and then transmitted to Council as appropriate. The PPC shall keep minutes and distribute them to PPC members and the Council and Board.

J4. Public Policy Statements: The APS recognizes three approval procedures for public policy statements that result in statements designated as (1) Public Policy Statements of the American Physical Society (APS Statements, or APS Public Policy Statements), (2) American Physical Society Board Statements (APS Board Statements), and (3) American Physical Society Unit Statements (APS Unit Statement).

J4.1 - Procedure for Issuing APS Public Policy Statements.

1. Initiation - Any APS member in good standing, group of members, or APS Unit may submit a proposal to POPA for a statement. POPA will consider those proposals which meet the POPA Guidelines for Submission of APS Statements. If a decision is made not to proceed with drafting a Statement, POPA will convey its decision to those who submitted the proposal.
   
   
2. Statement Drafting - POPA has exclusive responsibility for drafting statements. The Chair of POPA has the responsibility for ensuring that the statement draft incorporates appropriate APS member expertise. Members with conflicts of interest should not participate in Statement drafting or approval (see section J4.4 below). PPC input to the draft statement will be solicited.
   
   Upon POPA approval, the draft shall be sent to Council for comment. The Board will vote on the proposed Statement, taking into consideration comments from Council members. Should the Board not approve the draft, the Board will provide POPA with a written list of concerns, and POPA may redraft and resubmit the Statement to the Board. A second disapproval shall terminate the process. Board approval leads to a Membership review.
   
   
3. Membership Review - Upon Board approval, the Executive Office shall solicit comments from the entire Membership. Members shall have a minimum of 30 days to provide comments. At the end of the comment period, all comments will be made available to POPA, appropriate APS staff, the Board, and the Council.
   
   If POPA determines that member comments justify modification or rejection of the draft statement, POPA will transmit its recommendation to the Board in the form of a POPA-approved redraft or a letter that the statement process should be terminated. POPA, with the help of the Executive Office, will provide the Board with a verbal synopsis of member comments and the impact of those comments on the statement.
   
   The Board shall determine if Member comments have been adequately addressed and if the statement is ready for Council approval. Two denials by the Board subsequent to membership review terminate the process. At no time may the Board edit or redraft the statement.
   
   
4. Council Approval - POPA will present the verbal synopsis described in B-3 to the Council. The synopsis and subsequent discussion will be reflected in the minutes of the Council meeting. If the Council approves the statement, it is deemed ready for publication.
   
   If the Council does not approve the statement, it is sent back to POPA with a written list of concerns. POPA may edit the draft and return it to the Board and the Council, or terminate the statement process. A second denial by the Council normally terminates the process. At no time may Council edit or redraft the statement.
   
   
5. Publication - The Executive Office shall publish and distribute duly approved statements, at a minimum informing APS Unit officers and announcing the statement in the APS News and/or the APS website.
   
   
6. Archiving - Statements of the American Physical Society are subject to review on the 5th anniversary of issuance or renewal, or earlier at the discretion of POPA or the Council. POPA will provide a recommendation to the Council, and the Council will vote to either renew or archive the Statement.

J4.2 - Procedure for Issuing APS Board Statements. The Board or the PL may determine that it is in the interest of the Society to issue a public policy statement in an expedited manner and designated as APS Board Statements.

1. Drafting - The Board or Presidential Line shall draft the statement.
   
   
2. POPA Review - The POPA Steering Committee shall review the draft statement and solicit comments from the PPC, Council Steering Committee and the APS Office of Public Affairs. The POPA steering committee may edit the draft before forwarding it to the Board for final approval.
   
   
3. Board Approval - The Board shall review the draft statement and any comments from the PPC and Office of Public Affairs. Additional edits to the draft require POPA steering committee approval. Upon final Board approval, the APS Board Statement is distributed by the Executive Office and passed to POPA to determine if the Normal Procedure (outlined above) should be initiated to turn the statement into an APS Public Policy Statement.
   
   
4. Publication - The Executive Office shall publish and distribute the Board Statement, at a minimum informing APS unit officers and announcing the statement in the APS News and/or APS website.
   
   
5. Sunset - APS Board Statements will be archived after one year and are not renewable. A Board Statement may become an APS Public Policy Statement if the Normal Procedure (Section 4.1 above) is subsequently followed.

J4.3 - Procedure for Issuing APS Unit Statements.

1. Units will establish guidelines for issuing their own policy statements (Unit Statements) - Units will take into consideration the impact of the statement on the Society and the physics community and evaluate whether or not it is within the area of expertise of the Unit’s members. Unit Statements must not conflict with statements of other Units or the APS as a whole. Unit Statements will clearly denote that the statement does not necessarily represent the position of the APS as a whole.
   
   
2. Process - Units will establish their own process for drafting, approving, publishing and periodically reviewing and archiving their Unit's statements. At a minimum, this process will require the Unit to solicit comments from Unit members and input from the PPC and the Office of Public Affairs, and to consider possible conflicts with other APS unit statements. Units must have a process incorporated into their bylaws before they may issue statements.
   
   
3. Concurrence - The Unit Statement, along with a plan for publicizing the Unit Statement and summaries of comments from unit members, the PPC, and the Office of Public Affairs, will be sent to the POPA steering committee for comments and to the Board for review. Concurrence is required from the Board prior to publication of any Unit Statement.

J4.4 - Conflict of Interest. Conflict of interest is defined as "any financial or other interest which conflicts with the service of the individual because it (1) could significantly impair the individual's objectivity or (2) could create an unfair competitive advantage for any person or organization." [Ref: National Academies of Science, Policy on Committee Composition and Balance and Conflict of Interest for Committees, used in the Development of Reports (May 12, 2003).] Anyone, particularly POPA, Board, and Council members, who have a conflict of interest, shall recuse themselves from all aspects of the Statement process, including drafting, commentary, and voting. The President of the APS shall be the final arbiter of potential conflicts of interest.