International Seed Testing Association Secretariat, Zürichstrasse 50, CH-8303 Bassersdorf, Switzerland Phone: +41 44 838 60 00 Fax: +41 44 838 60 01 Email: ista.office@ista.ch - http://www.seedtest.org Document 07-2009-OM Constitution Change Proposals 2009 This document was prepared by the Secretariat of the Association and endorsed by the ISTA Executive Committee to be submitted to the ISTA Ordinary Meeting 2009 for acceptance by the nominated ISTA Designated Members voting on behalf of their respective Government. It is submitted to all ISTA Designated Authorities, ISTA Members and ISTA Observer Organisations for information two months prior to the ISTA Ordinary Meeting 2009. It will be discussed and voted on at the Ordinary Meeting 2009 to be held on Thursday, June 18, 2009 at the Novotel Zurich Airport Messe, Glattbrugg, Switzerland under Agenda point 7. Constitution Changes. According to the ISTA Constitution Article IX (b), a motion to alter the Constitution requires for adoption a two-thirds majority of the Designated Members voting at a meeting of the Assocaition, provided a quorum is present. Approved by ECOM Decision No. 507 2009-02-12 Page 1/6
Background The ISTA Second Vice-President is the only member of the Executive Committee not elected to the position by the ISTA Membership. This is because the Second Vice-President is nominated by the country which is to host the next ISTA Congress, and joins the Executive Committee as the Congress organiser and liaison person between the Executive Committee and host country. The Second Vice-President therefore has three prime responsibilities: 1. The organisation of, and ultimate responsibility for, the next ISTA Congress in his/her country 2. As an ISTA Officer (i.e. President, First Vice-President, Second Vice- President), involvement in the day to day management of the Association, assisting the other officers and Secretary General with difficult issues, and representing the association internationally when required. 3. Becoming President of the Association if the President or the First Vice- President are unable to continue with their positions. The importance of the first of these responsibilities (i.e. organisation of the next ISTA Congress) and therefore the need for direct involvement with the Executive Committee is obvious and must continue. However the involvement of the Second Vice-President with the other two responsibilities has been the subject of discussion within the Executive Committee for the following reasons: 1. Increasingly, the Second Vice-President has not previously been a member of the Executive Committee, and may not have had direct involvement with seed testing. This places the Second Vice-President in a difficult and challenging situation, because as an ISTA Officer, he/she is called upon to help make important decisions with limited background information about the Association and how it operates. The ability of the Second Vice-President to contribute to Executive Committee meetings can also be constrained for the same reason. 2. In theory, a person who has not been elected to the Executive Committee, and who may have a very limited understanding of the Association and its activities, could become the ISTA President. Proposals The Executive Committee is therefore proposing changes to the Constitution to allow the following: 1. Removal of the position of ISTA Second Vice-President 2. Appointment of the person responsible for the organisation of the next Congress as a Member-at-Large of the Executive Committee 3. An increase in the number of Members-at-Large from eight to nine Approved by ECOM Decision No. 507 2009-02-12 Page 2/6
Comment on the Changes 1. The Executive Committee considers it highly unlikely that both the ISTA President and First Vice-President would not be able to fulfil their commitments to the Association. If this did occur, according to Article VII(c)(3) of the Constitution, the members of the Executive Committee are empowered to appoint substitutes to serve until the next Ordinary Meeting, at which elections will be held. Removing the position of Second Vice-President does not endanger continuity for the Association. 2. The Executive Committee recognises the importance of having the person responsible for the next Congress directly involved with the Association, and considers that appointment as a Member-at-Large would best achieve this. 3. The one person increase in the number of Members-at-Large is to accommodate the appointment of the person responsible for the next Congress. The total number of people on the Executive Committee would not change, because the Second Vice-President position would have been removed. 4. If the Constitution Change Proposals presented in this document 07-2009-OM are adopted, by the required two-third majority of the Designated Members voting, they would come into force with the discharge of the Executive Committee at the ordinary meeting of the Congress 2010. Approved by ECOM Decision No. 507 2009-02-12 Page 3/6
for vote (to come into force at the ordinary meeting of the ISTA Congress 2010) ARTICLE V ARTICLE V Officers (a) The Officers of the Association shall be: President First Vice-President Second Vice-President President and other Officers shall be from the adjournment of the ordinary meeting at which they were appointed to the adjournment of the ordinary meeting held in the third year after the ordinary meeting at which they were appointed. (c) On completion of the tenure of office the outgoing President shall not at any time in the future be eligible for reappointment as President or for appointment as First Vice- President. Officers (a) The Officers of the Association shall be: President Vice-President President and Vice-President shall be from the adjournment of the ordinary meeting at which they were appointed to the adjournment of the ordinary meeting held in the third year after the ordinary meeting at which they were appointed. (c) On completion of the tenure of office the outgoing President shall not at any time in the future be eligible for reappointment as President or for appointment as Vice- President. Approved by ECOM Decision No. 507 2009-02-12 Page 4/6
ARTICLE VI ARTICLE VI Functions of Officers (a) The President shall call and preside at meetings of the Association and of the Executive Committee. The President shall be an ex-officio member of all committees of the Association. (b) The First Vice-President shall assist the President and, in the event of the inability of the President to serve, shall carry out such duties as pertain to the office of the President. Functions of Officers (a) The President shall call and preside at meetings of the Association and of the Executive Committee. The President shall be an ex-officio member of all committees of the Association. (b) The Vice-President shall assist the President and, in the event of the inability of the President to serve, shall carry out such duties as pertain to the office of the President. (c) The Second Vice-President shall assist the President and, in the event of the inability of the President and of the First Vice-President to serve, shall carry out such duties as pertain to the office of the President. ARTICLE VII ARTICLE VII Executive Committee (a) The Executive Committee shall consist of the President, the First Vice-President and the Second Vice-President, together with eight members-at-large who shall be Designated Members. members-at-large shall be the same as that for Officers as provided in Article V (b). Executive Committee (a) The Executive Committee shall consist of the President and Vice-President, together with nine members-at-large who shall be Designated Members. members-at-large shall be the same as that for Officers as provided in Article V (b). Approved by ECOM Decision No. 507 2009-02-12 Page 5/6
ARTICLE VIII ARTICLE VIII Nomination and Election (a) At the ordinary meeting of the Association which completes the tenure of office of the President and other officers, the outgoing First Vice-President, provided that person was duly elected to that office at the previous ordinary meeting, without further election shall be appointed President for the ensuing period. If at this ordinary meeting, for whatever reason, the outgoing First Vice- President is not available for appointment as President, the office of the President shall be filled by election by the procedure prescribed for other officers in paragraphs (b) and (c) of this Article. (b) Subject to the provisions of the election of Officers and members-at-large of the Executive Committee shall be by ballot at an ordinary meeting of the Association. (c) Subject to the provisions of nominations for the election of Officers and of members-atlarge of the Executive Committee may be submitted only by Designated Members. Such nominations shall be in writing supported by a mover and a seconder (both being Designated Members) and must be received by the Secretary General at the latest on the day prior to the ordinary meeting at which the elections are to take place. Nomination and Election (a) At the ordinary meeting of the Association which completes the tenure of office of the President and Vice-President, the outgoing Vice-President, provided that person was duly elected to that office at the ordinary meeting three years previously, without further election shall be appointed President for the ensuing period. If at this ordinary meeting, for whatever reason, the outgoing Vice-President is not available for appointment as President, the office of the President shall be filled by election by the procedure prescribed for officers in paragraphs (b) and (c) of this Article. (b) Subject to the provisions of the election of Officers and members-at-large of the Executive Committee shall be by ballot at an ordinary meeting of the Association. (c) Subject to the provisions of nominations for the election of Officers and of members-atlarge of the Executive Committee may be submitted only by Designated Members. Such nominations shall be in writing supported by a mover and a seconder (both being Designated Members) and must be received by the Secretary General at the latest on the day prior to the ordinary meeting at which the elections are to take place. Approved by ECOM Decision No. 507 2009-02-12 Page 6/6