Proposed Bylaw Amendment(s) - 2022

Proposed Bylaw Amendments to be Voted on at the 2022 Spring Business Meeting

At the APTA House of Delegates 2021, RC 1-21 revised the APTA Bylaws. In response to this, APTANJ created a taskforce to review and update APTANJ bylaws. The following are recommendations, approved by the Council of Directors, from the taskforce.

Special thanks to the members of the APTANJ Bylaws Review Taskforce: Ben Aguila, Megan Gardner, Shannon Lenahan, Stephanie Long, Kaitlyn Mital, Peggy Soucek, and Mercedes Aguirre Valenzuela.

Amendment 1: Article IV: Membership

Section 1: Categories and Qualifications of Members

A. The Chapter's categories and qualifications of Physical Therapist, Life Physical Therapist, Retired Physical Therapist, Physical Therapist Assistant, Life Physical Therapist Assistant, Retired Physical Therapist Assistant, Student Physical Therapist and Student Physical Therapist Assistant shall be the same as those of the Association.

B. In addition, the Chapter shall maintain a single Corresponding Member and a Student Corresponding Member category with rights and privileges as stated in the Association bylaws.

Rationale: This amendment will reflect the changes from RC1-21: APTA’s Bylaw Revision.  Life and retired PT and PTA is no longer a category of membership.  While Life and Retired members can still receive the dues benefits, the rights remain the same as PT and PTA members and therefore was combine in APTA bylaws.  This amendment will keep APTANJ’s bylaws in symmetry with APTA. This is a conforming amendment, so should Amendment 1 pass, all references to Retired and Life members will be removed from the APTANJ Bylaws.

Amendment 2:

Section 2: Rights and Privileges of Members

A.       The rights and privileges of the Chapter's members shall be identical to those established in the Association Bylaws.

B.      Physical Therapist Assistant, Retired Physical Therapist Assistant, and Life Physical Therapist Assistant shall have one vote at the Chapter Level.

Rationale:  The APTA Bylaws Revision states that all members have 1 vote, therefore letter B is redundant

Amendment 3:

Section 3: Admission to Membership

Admission to Chapter membership is established in the Association Bylaws  is by assignment of the Association’s Board of Directors.

Rationale: Membership to the Chapter is per the Association Bylaws. 

Amendment 4:

C.      Complaints to the effect that a member has violated the ethical principles or standards of the Association shall be processed in accordance with the Association's Procedural Document on Disciplinary Action, attached hereto and incorporated herewith as ExhibitA

D.      Section 6: Reinstatement

Individuals are reinstated to Chapter membership in accordance with the Association’s current Standing Rules, attached hereto and incorporated herewith as Exhibit B. The Chapter may not charge a reinstatement fee.

Rationale: editorial in nature, no Exhibit A is attached to the bylaws, so wording is removed.

Amendment 5:

ARTICLE V. DISTRICTS and SPECIAL INTEREST GROUPS

Section 1: Districts

Definition - A district consists of a group of members of the Chapter living or working in a specified geographical area. The following listing is for information only. The Council of Directors has full authority to add (Article V, Section 1, B) or dissolve Districts (Article V, Section 1, G). The Chapter consists of three(3)  districts known as Southern, Central and Northern.These districts geographical boundaries are as follows:

Southern – Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Cape May, and Atlantic counties.

Central – Mercer, Monmouth, Somerset, Hunterdon, Union, and Middlesex counties.

Northern – Essex, Morris, Warren, Sussex, Bergen, Passaic, and Hudson counties.

B. Formation – To form a new district, a written application signed by five(5) or more Physical Therapist, Life Physical Therapist, and Retired Physical Therapist members of the Chapter shall be sent to the Council of Directors of the Chapter. The Council of Directors shall act on this application at the following Council of Directors meeting. If approved, the territorial boundaries of the new district shall be determined by the Council of Directors and the members who signed the application for the new district.

C. Structure - Districts shall operate under Chapter Bylaws and standing rules and shall not act in a manner that is inconsistent with Association bylaws.

D. Membership - The criteria for district membership shall be consistent with those of Chapter and Association.

•       E. Organization

•       1. The officers of the District shall be Chairperson, Vice-Chairperson and Secretary.

•       2. The chairperson shall preside at all meetings and be an ex officio member of all committees except the nominating committee within the district.

•       3. Qualifications - District Chairs shall each have been a Physical Therapist, Retired Physical Therapist, Life Physical Therapist, Physical Therapist Assistant, Retired Physical Therapist Assistant, or Life Physical Therapist Assistant member of the Chapter for two years immediately preceding the election. 

•       4. The district shall hold meetings a minimum of three meetings annually.

•       5. A district quorum of eight district members is necessary to conduct business.

•       6. A written report of the district's activities shall be presented onat the annual meeting and at other times on request of the Council of Directors of the Chapter.

•       F. Finance

•       1. The allocation of Chapter dues to each district is determined by the Council of Directors. Each district shall submit to the Council of Directors a request for approval of an annual action plan.

•       2. The district shall have no dues, but may levy assessments provided such assessments do not carry punitive action or loss of good standing and are approved by the Council of Directors.

•       G. Dissolution

•       1. A district which fails to comply with Chapter policy or these bylaws may be abolished, provided it is given an opportunity to be heard in its own defense following at least one month's probation and at least two-thirds of the Council of Directors concur. A district so disciplined shall have the right to appeal to the Chapter membership at the next annual Chapter meeting and the decision of the Chapter membership shall be final.

•       2. A district shall be voluntarily dissolved by

•       A.  A petition signed by a majority of members eligible to vote. Multiple copies of the petition may be used. All copies of the petition must be filed with the Council of Directors within six months after the petition is first promulgated which shall be stated on each copy thereof. The Council of Directors shall examine the petition to determine if it has been signed by a majority of the district members. If the Council of Directors determines that a majority of the district members have signed the petition, it shall certify to the district that it is dissolved. Otherwise, it shall certify to the district that the petition failed for lack of majority.

•        B. Or, a two-thirds vote of those voting by mail ballot. A mail ballot will be mailed to each member eligible to vote. A return of 25% of the ballots mailed shall be required for validation.

•       3. All monies, properties and official documents of the District become the property of the Chapter on the date of dissolution.

Rationale:  The Covid-19 Pandemic changed the way the association disseminates information.  With the acceptance of virtual platforms, in-person district meeting attendance has minimized.  By removing the prescriptive language and structure of the districts, it provides flexibility in meeting offerings and opportunities to collaborate within the association.

Amendment 6:

Section 2: Special Interest Groups

A. Purpose - A special interest group may be organized to provide a means by which members having a common interest in special areas of physical therapy may meet, confer, and promote the

interests of the respective special interest group.

B. Formation and Dissolution - Special interest groups of the Chapter may be established and

dissolved in accordance with the rules and conditions set down by the Chapter Council of Directors the standing rules.

Rationale:  This is listed in the Chapter’s Standing Rule.

Amendment 7:

ARTICLE VI. MEETINGS

Section 1: Annual Meetings

The Chapter shall hold at least two(2) meetings of its membership each year. The first meeting of the year is designated as the Annual Meeting.  One meeting shall be held sufficiently far in advance to allow for main motions by the Chapter to be submitted to the House of Delegates.

Rationale:  With technology and improvements in communication, main motion ideas can be brought to NJ delegates throughout the year, not just at the Annual Meeting. 

Amendment 8:

Section 4: Special Meetings

A special meeting of the Chapter must be called upon written petition of 25% one-third ( 1/3) of all voting members.

Rationale: This brings APTANJ bylaws consistent with APTA bylaws for special meetings.

Amendment 9:

ARTICLE VII. COUNCIL OF DIRECTORS

Section 1: Composition

A. The Council of Directors shall be composed of the four (4) Chapter officers (4)  specifically the President, Vice-President, Secretary, and Treasurer and also three (3) Directors at Large and Chief Delegate. Each Officer, Director and the Chief Delegate will have only one (1) vote even if one (1) person holds two(2) positions on the Council.

               B. The President-Elect shall be a non-voting member on the Council of Directors.

C. The  PTA Council representative shall be a non-voting member on COD.

Rationale:  The number additions are editorial recommendations by APTA Parliamentarian.  These changes are consistent through the document. 

The addition of letter C adds a PTA representative to the Council of Directors.  This individual is non-voting but will have input in discussions to ensure the PTA perspective is included in all business.

Amendment 10:

Section 2: Qualifications

A. The President-elect and Vice President shall be a Physical Therapist, Life Physical Therapist or Retired Physical Therapist member of the APTA for five two years immediately preceding the election.

B. Secretary, Treasurer, Directors at Large and Chief Delegate shall be a Physical Therapist, Life Physical Therapist or Retired Physical Therapist member of the Chapter for two years immediately preceding the election

Rationale: This amendment reduces the membership requirement of the president from 5 years to 2 years prior to serving.  This opens opportunities for individuals who may have had their membership lapse or who may be involved in the PT profession in other ways to be slated for president. This is similar to APTA’s reduction and elimination of membership requirements per RC 1-21. 

Amendment 11:

C.  The PTA Council Representative shall be a Physical Therapist Assistant member of the Chapter for two (2) years immediately preceding the election.

B. The offices of President-elect, Vice President, Secretary and Chief Delegate,  and PTA Council Representative shall be elected in even years.

Rationale: This is a conforming amendment with Amendment 9.  If Amendment 9 fails, Amendment 11 will not be heard.  This clarifies the qualification and election of the PTA Council Member.

Amendment 12:

C. The President –elect shall assume the role of President at the Spring first meeting of the year  in odd years for a two (2) year term.

D . The offices of Treasurer and Directors at Large shall be elected in odd years.

E . All officers, Directors and Chief Delegate may serve no more than two (2) consecutive terms in the same office in addition to any remaining portion of a term they may have served.

F . If the President dies, resigns, is removed from office or becomes disqualified, He or She they will be succeeded by the President elect if the individual is in office. If there is not a President he or she they will be succeeded by the Vice-President. The succeeding officer will serve the remaining portion of the presidential term.

Rationale:  Clarification on meetings, as the annual meeting is not season dependent and allows flexibility should the calendar of APTANJ change.  He and She are gender-specific pronouns. Exchanging “he or she” to the singular “they” is more inclusive language. These pronoun changes are consistent through the rest of the document.

Amendment 13:

                Section 4: Duties of the Council of Directors

The Council of Directors shall, in addition to the duties otherwise imposed by these bylaws and the standing rules:

O.  Hire and review executive office staff

Rationale:  Hiring and reviewing office staff is already part of COD duties, this confirms the process in the bylaws.

Amendment 14:

Section 6: Conduct of Business

A. The President may call regular and special meetings of the Council of Directors. A special meeting may also be called by fifty percent(50%) of the Council members.

B. The Executive Committee and Council of Directors may conduct business by mail telecommunications, or electronic mail, when necessary. A report of any action taken by mail,

telecommunications, or electronic mail shall be verified and made a part of the minutes at the

next meeting. Meetings conducted via electronic mail shall be conducted in the manner set forth below in Section 6D.

C. The Council of Directors must meet at least twice four (4) times annually. A quorum of all Council of Directors meetings will be six (6).

Section 7: Executive Committee

A. Composition -The Executive Committee shall be composed of the President, Vice President,

Secretary and Treasurer. Each shall have one (1) vote in Executive Committee meetings.

B. Duties and Responsibilities -The Executive Committee is responsible for all staff management

issues of the Chapter association.

C. Meetings -The Executive Committee shall meet at least twice  four (4) times annually. =

Rationale:  editorial changes in letter A.  Letter B removes unnecessary wording. This also increases the mandatory number of meetings the council of directors and executive committee have to have.

Amendment 15:

Section 2: Nominating Committee

A. Physical Therapist, Retired Physical Therapist, Life Physical Therapist, and Physical Therapist Assistant, Retired Physical Therapist Assistant, and Life Physical Therapist Assisrtant members who have been Chapter members for the two years preceding the election will be eligible to serve on the Nominating committee.

B. The Nominating committee shall consist of three (3) members. Two (2) are to be elected in the even numbered years (Northern, and Southern) and one (1) (Central District) is to be elected in the odd numbered years) at the annual Meeting.

C. No member shall serve more than two (2) consecutive terms.

D. The Nominating committee shall elect its own chairperson.

Rationale: letter A is conforming amendment of amendment 1.  The nominating committee changes remove the district qualifications of nominating committee, so any member regardless of location can serve on nominating committee.

Amendment 16:

Section 1: Qualifications

A. To serve as a delegate, a delegate shall be a Physical Therapist member and shall have been be a member in good standing in any class of membership of the Association for no less than 2 years immediately preceding the start of the House session.

Rationale: This removes membership requirements to become a Delegate.  A few engaged members have wanted to run for delegate but due to membership lapse they were not able to serve.  This opens opportunities for more members to be engaged.

Amendment 17:

Section 2: Elections

A.      The Chapter President shall be appointed as a delegate.

a.       Should the Chapter President be unable, or unwilling, to serve as delegate, the Council of Directors shall appoint another member to replace the President

B. The Chapter membership shall elect the Chief Delegate and the delegates. The number of delegates shall be determined annually based upon the number of delegates allocated to the Chapter by the Association.

Rationale:  The role of president comes with many responsibilities.  If there is a year or a time that the president is occupied with issues directly in NJ and cannot provide the necessary attention to House of Delegate business, this offers the opportunity to appoint a member who may be more engaged in national business.

Amendment 18:

Section 3: Term

A.      Delegates shall serve for a term of two (2) years. All delegates shall take office immediately upon election and serve until their successors are elected and assume office. A delegate may serve multiple terms.

B.      The Chief Delegate shall serve as Chief Delegate for a term of two (2) years, including two (2) sessions of the House of Delegates, and may only serve two (2) consecutive terms at a time.

Rationale: This is a recommendation by APTA Parliamentarian.  This clarifies that a Chief Delegate can serve 2 consecutive terms but can return to the position after a period of time.  This 2 term limit is NOT a lifetime limit.

Amendment 19:

ARTICLE X. REPRESENTATIVES TO THE ASSOCIATION'S PHYSICAL THERAPIST ASSISTANT CAUCUS ENGAGEMENT GROUP

Section 1: Qualifications

A. The qualifications of the Representative shall be as stated in the APTA Board policies and procedures.

B. The Chapter shall notify Association headquarters of the name of the Representative, as required by the Association.

Section 2: Election

A. At a Chapter meeting prior to the annual session of the Representative Body, the Physical Therapist Assistant members shall elect the Caucus Representative at large. The alternate Representative shall be the individual who receives the next highest number of votes.

B. If, after the alternate Representative has been utilized, a vacancy occurs prior to a scheduled chapter membership meeting, then the Council of Directors will appoint a representative. a vacancy occurs prior to a scheduled chapter membership meeting, an election will be held to fill that vacancy. If the vacancy occurs after the last scheduled Chapter meeting prior to the annual session of the Representative Body, the Council of Directors may appoint an eligible member to fill the vacancy.

Rationale: APTA RC 1-21 established the PTA Engagement Group, this amendment aligns APTANJ with APTA.  This also removes a requirement for a vote at the chapter meeting to fill the PTA Engagement Group Representative, which may be months after a vacancy.  This allows the COD to appoint a member to assist with fluidity of transitions.

Amendment 20:

ARTICLE XI. ELECTIONS

A. Elections for chapter officers, directors at large, chief delegate, delegates, PTA Caucus Rep, and Nominating Committee members shall be conducted via electronic or by mail voting, beginning thirty (30) days before the spring first business meeting of the year and will be completed prior to the start of that business meeting. Results of the election will be announced, and the new officers will assume office at the close of the spring first business meeting of the year.

B. Election Schedule: The offices of President-elect, Vice President, Secretary and Chief Delegate and one half (½)of the apportioned delegates shall be elected in even years. The offices of Treasurer, Directors and one half (½) the apportioned delegates shall be elected in odd years. The office of the PTA Engagement Group Representative Caucus Rep will be elected in odd years. The Nominating committee shall consist of three (3) members. Two (2) are to be elected in the even numbered years(Northern and Southern Districts) and one (1) is to be elected in the odd numbered years (Central District).

H. The Council of Directors will appoint three (3) individuals who District Chairs will serve as tellers for the electronic election process and shall oversee the state-wide election.Within thirty (30) days of the election, any candidate or member shall have the right to inspect the results of the election by prior arrangement. If the result of such inspection reveals any error(s) that would change the outcome of the election, tellers shall report such errors to the Council. Upon

Rationale: removing a seasonal requirement for the annual meeting.  Amendment 5 may remove district chair requirements, so 3 new individuals would need to serve as tellers for elections.

Amendment 21:

Section 2: Chapter Dues

7. Chapter dues for Student Physical Therapist or Student Physical Therapist Assistant members are for 12 months from the time of renewal or join date. As of the last day of the graduation month, the Student Physical Therapist or Student Physical Therapist Assistant member automatically converts to the Physical Therapist or Physical Therapist Assistant member category for the remainder of the 12 months of membership. Once the membership remainder expires, these new Physical Therapist or Physical Therapist Assistant members are eligible for one year of membership at 50% of the Association and Chapter dues rate for an Physical Therapist or Physical Therapist Assistant member.

Rationale: Student status is determined by the APTA BOD and does not need to be in APTANJ’s bylaws.

Members are encouraged to use the "Add Comment" button at the bottom of this page to voice their opinion on any or all of the amendments being proposed herewith.

Please note that during the Spring Business Meeting:

Amendments 3, 4, 6, 7, 8, 12, 15, 18, 20, 21 will be voted on by consent

Amendments 1, 2, 5, 9, 10, 11, 13, 14, 16, 17, 19 will be individually open for discussion and then voted on