SECTION F. CONSTITUTION AND BYLAWS Each component county medical society shall adopt a constitution and/or bylaws for regulation of its affairs and may amend them. The constitution, bylaws, and amendments shall not be in conflict with the Bylaws of the Medical Society of the State of New York and, before becoming effective, they shall be approved by the Council.
SECTION C. MEETINGS At the direction of the President, the Judicial Council shall organize and elect its own chairman, when the need arises. The secretary of the Medical Society of the State of New York shall be the secretary of the Judicial Council. The Judicial Council shall meet on the call of the chairman. The notices of the meetings of the Judicial Council shall state the date, place, and hour and shall be distributed with receipt of mailing to each member not less than ten nor more than fifty days before a meeting. The affidavit of mailing of the secretary of the Medical Society of the State of New York to the last recorded address or email address of the member of the Judicial Council shall be deemed sufficient proof of the service on each and every member for any and all purposes. A quorum shall consist of three members of the Judicial Council.
SECTION B. DUTIES AND PROCEDURES A member of a component county medical society who shall have been disciplined or directed to suffer discipline in any degree by any, final decision of his component county medical society and who shall have exhausted his right of appeal, if any with a component county medical society, feeling aggrieved by the decision of such society, may appeal to the Judicial Council of the Medical Society of the State of New York from the decision of such component county medical society by filing a notice of appeal with the secretary of the State Society and with the secretary of such component county medical society within three months after such final decision by such component county medical society. An applicant for membership in a component county medical society who has been excluded from membership in such society may likewise appeal from the action of said society. The Judicial Council shall investigate also all charges proffered (a) by a member of a component county medical society against a component county medical society of which he is not a member; and (b) by a component county medical society against another such component county medical society or a member thereof. A notice of appeal shall set forth in writing the name of the appellant, the name of such component county medical society and the date and substance of the decision appealed from, and shall indicate the ground or grounds upon which such appeal is taken. If the appellant desires to be present, with or without counsel, at the hearing of said appeal, the notice of appeal must so state. In that event, the appellant must file with the notice of appeal a bond in the sum of $500 to cover the costs of said appeal. If the appellant fails to appear in person or be represented by counsel on hearing of said appeal, the appellant shall forfeit to the Medical Society of the State of New York such shares of said bond as represents necessary expenditures incident to convening the Judicial Council for the hearing of said appeal. On filing a notice of appeal, the appellant and the component county medical society shall submit to the secretary of the Judicial Council all records, minutes, letters, papers, and all written evidence, including a digest of all testimony not stenographicaly reported relating to the matter. All data so submitted shall be available only to the Judicial Council. The Judicial Council shall consider the appeal on the data so submitted to it and may affirm, modify, or reverse the decisions so appealed from by a majority vote of the members present and voting. If, in its opinion, the taking of further evidence is advisable, the Judicial Council may summon witnesses and proceed to take such evidence in such manner as it may deem proper and render its decision by a majority vote of those present and voting, which decision shall be final and binding. A member shall have the right of appeal
SECTION A. COMPOSITION The Judicial Council shall consist of five appointed members. One member shall be appointed by the president each year for a term of five years with the approval of the Council. No member shall serve for more than two consecutive terms, but a member appointed to serve an unexpired term shall not be regarded as having served a term unless he has served three or more years. A member of the Judicial Council shall work or maintain a residence or an office in the State of New York, otherwise that position on the Judicial Council shall be declared vacant. In the event of a vacancy, a member shall be appointed by the president for the unexpired term with the approval of the Council. The president and secretary of the Medical Society of the State of New York shall be ex-officio members of the Judicial Council with voice but no vote. The executive vice-president, the deputy executive vice-president, and the general counsel of the Medical Society of the State of New York shall sit with the Judicial Council with voice but without vote.
SECTION B. EXPENSES Allowances for expenses incurred in the actual performance of official duties by officers, councilors, trustees, members of the Judicial Council and of commissions and committees, delegates to the American Medical Association, and employees of the Medical Society of the State of New York shall be made in conformity with the following conditions: The president and president-elect shall be allowed a per diem and expenses when engaged on official business. The amount of the per diem shall be set by the House of Delegates. The Board of Trustees shall each year place a limit on the Society’s total annual expenditure for the office of president and president- elect. All other officers, councilors, trustees, members of the Judicial Council, delegates to the House of Delegates of the American Medical Association or an alternate delegate who, at the direction of the Council, attends a meeting of the House of Delegates of the American Medical Association, members of commissions and committees of the Council, and of all special committees, members of the Medical Society of the State of New York appointed by the president or the Council to carry out special assignments for the State Society, and employees of the State Society shall be allowed traveling expenses when engaged on official business. Members for life of the House of Delegates, delegates of the district branches, and student members, sitting in the House of Delegates, shall be allowed necessary expenses by the Medical Society of the State of New York. Component county medical societies of the Medical Society of the State of New York and recognized specialty societies shall be reimbursed by the State Society with a per diem allowance of not less than $100 per day for each day the House is in session for each delegate registered at the convention hotel.* The Council, with the approval of the Board of Trustees, shall determine the per diem allowance on an annual basis. Each component county medical society shall also be reimbursed by the Medical Society of the State of New York with an allowance of up to 50% of travel expenses, but not to exceed an amount to be set by the Board of Trustees each year for one delegate to attend the Young Physicians Section Annual Assembly. Proper vouchers must be filed with the secretary of the Medical Society of the State of New York before any of the above allowances shall be made. There shall be no allowances for the expenses, traveling or otherwise, for members of any reference committee. Each district branch shall be entitled to receive a sum in accordance with the number of members in the district branch. The maximum allowable amount shall be $1,000 to district branches of less than 1,000 members; $2,000 to district branches of more than 999 but less than 2,000 members; $3,000 to district branches of more than 1,999 but less than 4,000 members; $5,000 to district branches of more than 3,999 members, exclusive of the work done by the Medical
SECTION A. FUNDS Funds shall be raised by annual dues levied on each active member at a uniform per capita rate throughout the State. Funds may also be raised in any other manner approved by the House of Delegates or by the Council when the said House of Delegates shall not be in session. The approval of the Council and of the Board of Trustees shall be necessary for the expenditure of any funds of the Medical Society of the State of New York, except that the said Board may delegate, to such person or persons as it sees fit, the authority to expend funds of the State Society in amounts and under conditions to be determined by said Board, on recommendation of the Council.
SECTION A. BALLOTING All elections for officers of the State Society and delegates to the American Medical Association shall be by ballot. When nominations are announced, should there be only one candidate for an office, the speaker shall direct the secretary to cast one ballot for the candidate on behalf of the delegates. The speaker shall appoint a Committee on Rules and Order of Business which shall recommend election and balloting procedures to be approved by the House of Delegates. For the election of delegates to the American Medical Association, the delegates shall be declared elected in the order of the highest number of votes cast until the allotted number shall have been chosen; a corresponding number in the next highest order of votes cast shall be declared alternate delegates. When the full quota of elected delegates or alternate delegates is not available for attendance at the meeting of the House of Delegates of the American Medical Association, the president of the Medical Society of the State of New York shall appoint and certify a sufficient number to complete the quota. A duly elected delegate to the American Medical Association who does not serve as such because of reduction in number of delegates to which the Medical Society of the State of New York is entitled shall fill any vacancy which may occur in the delegation before alternate delegates are designated for that purpose. The delegates and alternate delegates shall take office at the beginning of the calendar year following their election and shall serve for a term of two years, except in the case of medical student or resident physician delegates or alternate delegates, who shall serve for a term of one year. [1] Pursuant to the AMA Bylaws, the State Medical Society represented by the delegate elected to be Speaker or Vice Speaker of the House of Delegates of the AMA is entitled to an additional delegate for the term of service of the Speaker or Vice Speaker with full rights and privileges in the House of Delegates.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
SECTION E. RESIGNATIONS An active or life member in good standing whose resignation from membership in a component county medical society shall have been duly accepted, shall be considered to have resigned from the Medical Society of the State of New York. When a member in good standing, other than a life or honorary member, ceases, between May 1 and December 31 of any year, to reside and work in the State of New York, that member shall be considered to have resigned from membership effective as of that December 31. If such cessation to reside and work occurs between January 1 and May 1 of any year, the member shall, provided he has been in good standing for the prior calendar year, be considered to have resigned from membership effective as of the previous December 31. On resignation, a member shall forfeit all rights and title to any share in the privileges and property of the Medical Society of the State to New York, the district branch, and his component county medical society.
SECTION D. MEETINGS Each component county medical society shall hold an annual meeting for the purpose of electing officers and a delegate or delegates to represent it in the House of Delegates of the Medical Society of the State of New York in accordance with the Bylaws. The annual meeting of each component county medical society shall be held at a time which it shall determine. All officers of the component county medical society shall enter on their official duties at a date determined by the component county medical society and shall serve for a term of one year or until their successors shall have been duly elected and qualified. Each component county medical society shall submit to the Medical Society of the State of New York the names of their officers immediately after their election.
SECTION C. DUTIES OF OFFICERS The secretary of each component county medical society shall keep a roster of its members in which shall appear the full name of each of said physicians, the date of admission to such society, the member’s residence, and the date when said member’s license to practice medicine in this State was granted. The secretary shall note any changes in said roster by reason of removal, death, or change of name, revocation of license, or other disqualification. The secretary shall forward said roster and information together with the names and places of residence of each of the officers of said society and the names and residences of each delegate to the House of Delegates from said society to the secretary of the Medical Society of the State of New York at least ninety days before the date of the annual meeting of said House of Delegates. The treasurer of each component county medical society shall forward to the treasurer of the Medical Society of the State of New York the amount of the State Society per capita dues and/or assessments and the amount of all American Medical Association dues collected from members of said component county medical society as promptly as possible, but in any event before the first day of February of each year.
