Bylaws are the official, legal document establishing the procedures for governing and operating COA’s activities and conduct. They represent the embodiment of the organization being governed by “laws,” not by individuals. Only societies and the COA Board of Trustees may submit bylaw amendments and only the COA House of Delegates may amend COA’s bylaws.
Bylaws establish procedures for the governing and operating of COA, including, but not limited to, governance organization structure, holding of elections, quorum requirements, membership classifications and other essential operations of COA. Before amending the bylaws, care should be taken to consider the consequences of such actions since they can limit any alternative the board or the COA House of Delegates may wish to consider in the governance and operations of COA.
Bylaws needs to be written clearly and in a certain manner (see below).
COA policy-makers in the future need to be able to clearly understand what procedure or other action is required in its operation.
Writing format:
Should reference the appropriate article and section proposed to be amended, e.g., Article I, Membership, Section 1, Classes of Members.
Should present the entire section proposed to be amended, not just the amended parts of the section.
Existing language proposed to be eliminated should be shown in strikeout format.
New language should be shown in an underscore format.
Proposed bylaw amendments must be submitted by the stated deadline (60 days before HOD), and no proposed amendments submitted or introduced after that deadline will be considered.
SAMPLE BYLAW AMENDMENT
Proposed Bylaws Amendment Number One
To the 2014 House of Delegates
Proposed by the COA Board of Trustees
CALIFORNIA OPTOMETRIC ASSOCIATION BYLAWS
Article I, Section 3
Paraoptometric Membership
Article I, Section 3(d), relating to non-optometrist membership, is retitled and amended to read:
ARTICLE I
MEMBERSHIP
Section 3. Affiliate Member: Affiliate members are those persons who subscribe to the articles of incorporation, bylaws and code of ethics of the California optometric Association and who meet the following criteria.
(a) Student Member: An individual who is enrolled full-time in a school or college of optometry accredited or pre-accredited by the Accreditation Council on Optometric Education or by an accrediting body that the COA Board of Trustees determines to be equivalent shall be eligible for classification as a student member. Membership in this classification may continue until the end of the calendar year in which an eligible student has received the degree doctor of optometry and may be members of the affiliated Section, the Optometric Student Section.
(b) Non-California Resident Member: An optometrist who resides in a state outside California and does not engage in the practice optometry or optometric-related activities in California and is a member of the American Optometric Association through membership in an affiliated state optometric Association shall be eligible for classification as a non-California resident member
(c) Non-US resident Member: An optometrist who practices in a commonwealth, territory or possession of the United States who is a member of the American Optometric Association where there is no affiliated Association or who resides and practices in a foreign country shall be eligible for classification as a non-US resident member
(d) Non-Optometrist Section Paraoptometric Member: An individual who has not earned a doctor of optometry degree and who meets the requirements for membership and is a member of a section of the California Optometric Association as outlined in article XIII is employed by a member doctor of optometry, as defined in Section 2 of this article or paragraphs (b) and (d) of this section, shall be classified as a non-OD section paraoptometric member.
Before the COA House of Delegates meeting, reference committees will conduct a review via conference call of the proposed policy resolution(s) and bylaw amendment(s) assigned to them by the House speaker. Each proposal will be reviewed solely on its
factual content;
to determine if it conflicts with existing COA policies, bylaws, or state or federal rules
to propose language changes if necessary to clarify the meaning or intent of the proposal; this review may not change opinions or perceptions expressed, nor the intent of the proposal. This review is intended to assist delegates in focusing on consideration of the proposed policy instead of extraneous matters.
A representative of the society or student section authoring the proposal is asked to participate in this review.