Procedures of the Council


PURPOSE

This document sets forth procedures that govern how business will be managed at the annual meeting of the American College of Radiology.

AUTHORITY

Article VIII, Section 8 of the ACR Bylaws (DUTIES OF THE SPEAKER AND VICE-SPEAKER) provides that the Speaker give ‘general supervision to the conduct of the affairs of the Council,…’ These procedures have been developed with the intent of formalizing the Speaker’s guidance regarding conduct of the affairs of the Council.

INTRODUCTION OF BUSINESS

Tradition governs a substantial portion of each formal session of the Council. Reports by the Chairman of the Board, Executive Director and others and the Information Session are examples of routinely recurring items. It is the prerogative of the Speaker to permit as many of these as may be appropriate without unduly intruding upon the time necessary for the Council to accomplish its regular business.

In general, the business items (reports, resolutions, etc.) are distributed in advance of the meeting in an Agenda Book. Additions to the printed agenda may be arranged, either with the Speaker, or by a request for unanimous consent of the Council to hear them. It should be recognized that the Speaker must usually discourage extraneous unscheduled presentations not because of any lack of merit to the proposals, but because of the primary obligation to conserve the time of the Council for its immediate deliberations.

REPORTS

Reports are routinely received as business of the Council when they come from the Board of Chancellors and certain officials/liaison representatives of the College. Except under special circumstances, such reports are referred to appropriate reference committees so that hearings may be held on the substance thereof. Reports exceeding four (4) pages must contain a one-page executive summary.

Fiscal Note: All reports introduced in the Council whose implementation necessitates an expenditure of funds must include a fiscal impact note. No report requiring new or additional funding may be considered by the Council without the attachment of a fiscal impact note.

RESOLUTIONS

Business is introduced into the Council through the presentation of resolutions. Resolutions may be submitted by individual councilors, state chapters, the Council Steering Committee or the Board of Chancellors.

    • Resolutions must be submitted to the ACR Headquarters Office no later than the 15th of June prior to the annual meeting at which it is to be considered.
    • Any late resolutions received after the specified deadline but at least 48 hours prior to the Council opening session will be reviewed by the Steering Committee prior to the meeting of the Council.
    • The Steering Committee may request sponsors of late resolutions to provide information on the emergency nature of the late resolution. If requested, a proponent of a late resolution will be expected to meet with the Council Steering Committee and provide rationale for the urgency of the late resolution.
    • Any late resolution which has not been submitted in time to be reviewed by the Steering Committee shall require a two-thirds (2/3) vote for consideration by the Council.
    • The sponsor shall be identified on each resolution.

 

Fiscal Note: All resolutions introduced in the Council whose implementation necessitates an expenditure of funds must include a fiscal note. No resolution requiring finances may be considered by the Council without the attachment of such fiscal note. The following guidelines should be used in the development of appropriate fiscal information:

    • Resolutions requiring the expenditure of funds should show a specific dollar amount where possible.
    • Resolutions that call for action for which a precise cost estimate cannot be determined should indicate that a substantial commitment of resources may be necessary for implementation.

 

Deferred Resolution: When a resolution presents a legal problem for the College, the Speaker and/or staff will contact the sponsor and discuss the problem with the resolution as prepared. If the sponsor is able to remedy the situation, then the resolution will be distributed in a routine manner. However, if, for whatever reason, resolution of the legal problem is not possible, the Speaker will designate that resolution as a "deferred" resolution. The Council Steering Committee will then be asked to consider the problem and the resolution will not be distributed in the pre-meeting materials.

If a late resolution presents a legal problem, the Speaker and/or staff will contact the sponsor. The sponsor will be asked to meet with the Speaker, the Council Steering Committee and legal staff.

 

Memorial Resolutions: The Council may receive memorial resolutions to remember a physician or physicist who has made significant contributions to the American College of Radiology. The Speaker will announce the memorial resolutions and call for a moment of silence.

Structure of Resolutions:

    • The essential element of a resolution is its portion expressed as one or more "Resolved" sections setting forth its specific intent.
    • A resolution may carry with it a prefatory statement, or preamble, explaining the rationale of the resolution. This is usually accomplished by the time-honored mechanism of a series of "whereas" statements.

It is not necessary for a resolution to have such a preamble or whereas when the full significance of the resolved portion seems apparent. If such introductory statements are supplied, they should identify the problem briefly, advise the Council as to the timeliness or urgency of the problem, the effect of the issue upon the College, and indicate if the action called for is contrary to, or will revise current College policy.

It is a general principle that an assembly, in adopting a resolution, formally adopts only the "Resolved" section. Therefore, the important matter before the Council must be stated in a free-standing "Resolve." It is not necessary to amend the language of the introductory portions of a resolution, unless it is the desire of the Council to do so. On occasions the introduction to a resolution will contain detailed sets of guidelines, rules, regulations or principles which the resolution proposes to approve. In such circumstances, it may be entirely appropriate to amend this related material to bring it into conformity with the will of the Council.

In general, the question which will ultimately be before the Council is the adoption or other disposition of a specific "Resolve" or a series of "Resolves." It is time-consuming, unnecessary (except as indicated above) and therefore usually out-of-order to propose formal amendments to the wording of accessory statements, or to the language of the reference committee report in making its recommendations.

It is recognized that resolutions may be mandated by state or specialty societies months in advance of sessions of the Council and, therefore, may lack currency, may recommend actions which have already been accomplished, or may otherwise be somehow inappropriate. In view of the awkwardness of arranging that such resolutions be withdrawn, it may be advisable to leave such mandated resolutions unchanged, trusting to the reference committee to note the circumstances and to refer such resolutions to the Board of Chancellors. This would seem preferable to rejecting such resolutions as unnecessary or redundant provided that they are compatible with College policy. This may also apply to resolutions that in effect simply reaffirm existing policy.

Experience has shown that many resolutions suffer from imprecision, from inaccuracy and from grammatical or structural defects. Early submission of resolutions will permit the Speaker to confer with the sponsors regarding technical corrections.

When preparing resolutions, close attention should be given to the following:

    • The title of the resolution should appropriately reflect the action for which it calls.
    • Information contained in the resolution should be checked for accuracy. Inflammatory statements or other language that reflects poorly upon the College will not be permitted.
    • The Resolves should stand alone and not refer back to the prefatory statement since the Council adopts only the Resolves, and the ‘whereases’ do not appear in the Minutes.
    • Fiscal notes should be added when appropriate and should set forth the estimated cost, if any, of the policy, program or action proposed by a resolution.
    • The sponsor shall be identified on each resolution.

 

Presentation of Resolutions: At the appropriate time, the Speaker will call for the introduction of resolutions by Reference Committees. Resolutions in the Agenda Book that have complied with the deadline date established in the Bylaws will be regarded as officially received. Opportunity will be given, however, for the presentation of such changes in any resolution as the sponsor may wish to make. Similar opportunity will exist for the withdrawal of any resolution without vote when this is desired by the sponsor.

Late Resolutions, as defined above of these Procedures, will be distributed to the councilors. The Council Steering Committee (CSC) will submit its recommendations on each late resolution. This Committee will not normally hold open hearings but will provide sponsors of late resolutions an opportunity to explain the reasons for submitting late resolutions.

At the time of introduction of any resolution, it is possible for any councilor to object to its consideration. In the event that the Council sustains such objection by a 2/3 vote, the resolution is not accepted as business of the Council.

 

REFERENCE COMMITTEES

Reference Committees are groups of approximately seven councilors, alternate councilors and supporting College staff selected by the Speaker to conduct open hearings on the business of the College. Having heard discussion on the subject before it, the Committee in a closed session draws up a report with recommendations to the Council for disposition of its items of business.

Reference Committee hearings are open to all members of the College and guests. Any member of the College is privileged to speak on the resolution or report under consideration. Nonmember physicians and guests may, upon recognition by the chair, be permitted to speak. The chair is privileged to call upon anyone attending the hearing if, in his/her opinion, the individual called upon may have information which would be helpful to the committee.

Equitable hearings are the responsibility of the committee chair, and the committee may establish its own rules on the presentation of testimony with respect to limitations of time, repetitive statements and the like. Photography, television filming and the introduction of recording devices are not permitted. If, in his/her estimation, such factors would be, or become, undesirable for the conduct of an orderly hearing, he or she may act to prohibit them. Reference committee members may ask questions to be sure that they understand the opinions being expressed, or may answer questions if a member seeks clarification; however, the committee members should not enter into arguments with speakers or express opinions during the hearings. It is the responsibility of the committee to listen carefully and evaluate all the opinions presented so that it may provide the voting body with a carefully considered recommendation.

The reference committee hearing is the proper forum for discussion of controversial items of business. In general, councilors who have not taken advantage of such hearings for the presentation of their viewpoints or the introduction of evidence should be reluctant to do so on the floor of the Council. It is recognized, however, that the concurrent meeting schedules of reference committee hearings may sometimes create difficulties in this respect, as does service by councilors on other reference committees, and there is never compulsion for mute acceptance of reference committee recommendations at the time of the presentation of its report.

Following its open hearings, a reference committee will go into executive session for deliberation and construction of its report. It may call into such executive session anyone whom it may wish to hear or question. However, as a general rule, the executive session of the reference committee is closed to members of the Council.

 

REFERENCE COMMITTEE REPORTS

Reference committee reports comprise the bulk of the official business of the Council. They need to be constructed swiftly and succinctly after completion of the hearings in order that they may be processed and made available to the councilors before the beginning of the next day’s sessions.

Reference committees have wide latitude in their efforts to facilitate expression of the will of the majority on the matters before them and to give credence to the testimony they hear. They may amend resolutions, consolidate kindred resolutions by constructing substitutes, and they may recommend the usual parliamentary procedure for disposition of the business before them, such as adoption, rejection, amendment, referral and the like.

During the presentation of the reference committee report, each item or resolution assigned to the reference committee as its business is brought before the Council for disposition together with the reference committee recommendations. In the event that a number of closely related items of business have been considered by the reference committee and a consolidation or substitution has been proposed by the committee, the reference committee substitute will be the matter before the Council for discussion.

The consent calendar format will be used by the Council for the review of ACR standards resolutions and other appropriate items. ACR standards go through a lengthy, open and vigorous process leading up to their presentation to the Council. In view of that, debate and modification of ACR standards resolutions will be limited to reference committees.

All standards considered by a reference committee will be grouped at the end of the committee report and placed on a consent calendar. The reference committee may recommend that a group of standards be adopted, rejected or referred back to the appropriate committee that drafted the standard. (Note that a reference committee may have up to three groups of standards – those recommended for (1) adoption, (2) rejection and (3) referral). Prior to voting the Speaker will allow time for any councilor to ask that a standard be removed from the consent calendar. Standards which are removed will be voted on separately after considering those remaining on the consent calendar.

The Council may vote to:
    • Approve the standard as written.
    • Reject the standard as written.
    • Refer the standard to the committee that drafted it for consideration of comments.

 

Minor editorial changes will be accepted which do not materially affect the standard.

The standards remaining on the Consent Calendar will be voted up or down as a block.

On other issues reference committees may take the following actions:

1.The reference committee is reporting on informational material provided to the Council which encompasses no specific proposal for action. The reference committee expresses appreciation of the report and recommends that the matter be filed for information. The Chair declares the original matter to be before the Council for discussion. In the absence of any other motion from the floor, the Chair places the question on the adoption or approval of the reference committee recommendation to file for information. When it appears that there is no debate, the Chair may declare "it is filed" without the necessity of a formal vote. Such a statement records the action and concludes such an item of business.

2.The reference committee is reporting on a resolution which, in its opinion, should be rejected, and it so recommends. The Chair places the resolution before the Council for discussion. In the absence of other motions from the floor, the Chair, at the appropriate time, places the question on adoption of the resolution, making it clear that the reference committee has recommended a vote in the negative.

3.The reference committee is reporting on a resolution or report which it feels should be transmitted for further consideration to the Board of Chancellors, or through the Board to an appropriate commission or committee, and it so recommends. The Chair places the original matter before the Council for discussion. It may be that the Council prefers to adopt this matter, amend it, postpone it, or table it, any one of which it is free to do; or the Council may wish to follow the reference committee''s recommendation.

If there is no motion from the floor, the Chair will put the motion on the recommendation of the reference committee "to refer." If this fails to pass, the motion is again on the adoption of the resolution or report.

4.The reference committee is reporting on a resolution or report which it wishes to amend by addition, deletion, alteration or substitution. In order to permit the normal procedures for parliamentary handling, the matter which is placed before the Council for discussion is the amended version as presented by the reference committee together with the recommendation for its adoption. It is then in order for the Council to apply to this reference committee version amendments of the first and second degree in the usual fashion. Such procedure is clear and orderly and does not preclude the possibility that someone may wish to restore the matter to its original unamended form. This may be accomplished quite simply since it may be moved to amend the reference committee version by restoring the original language.

5.The reference committee is reporting on two or more related resolutions or reports and it wishes to recommend a consolidation into a single resolution, or it wishes to recommend adoption of one of these items in its own right and as a substitute for the rest. For orderly handling, the matter before the Council for consideration is the recommendation of the reference committee of the substitute or consolidated version. A motion to adopt this substitute is a main motion and is so treated. If the reference committee''s version is not adopted, the entire group of proposals has been rejected, but it is in order for any councilor to then propose consideration and adoption of any one of the original matters.

FORM OF ACTION UPON REPORTS AND RESOLUTIONS

There should be clear understanding of the precise effect of the language used in disposing of items of business. There has been variance in interpretation of such proposals as "to accept for information," "to approve in principle," or "to approve," "accept" or "adopt."

In the interest of clarity the following recommendations are offered so that the Council may accomplish its intent without misunderstanding:

1. When the Council wishes to acknowledge that a report has been received and considered, but that no action upon it is either necessary or desirable, the appropriate proposal for action is that the report be FILED. For example, a report which explains a government program or regulations, or clarifies the issues in a controversial matter, may properly be filed for information. This does not have the effect of placing the College on record as approving or accepting responsibility for any of the material in the report.

2. When a report offers recommendations for action, these recommendations may be ADOPTED, APPROVED or ACCEPTED, each of which has the effect of making the College responsible for the matter. In the interest of clarity, the use of the terms "accepted for information" or "approved in principle" should be avoided. The term "endorse" means to express definite approval of—implying a commitment to implementation not otherwise expressed.

3. When the Council does not wish to assume responsibility for the recommendation of a report in its existing form, it may take action to refer back to committee (recommit), to refer elsewhere, to reject the report in entirety or in specific part, or to adopt as amended (Amend and Adopt).

4. The Council should take a definite action on resolutions and only if necessary reaffirm current policy. In the event that "no action" is the only appropriate posture for the College with respect to a particular resolution, the chair of the reference committee, after consultation with the Speakers, may recommend "no action." Such a motion if adopted is the equivalent of a motion to postpone indefinitely and results in suppression of the resolution for the current meeting and in effect quashes it.

5. From time to time the reference committee will report on a resolution which calls for a policy position contrary to or at variance with existing policy. The committee may recommend reaffirmation of existing policy as an amendment by substitution in lieu of the original resolution. However, the committee should recommend rejection of such resolutions which are contrary to existing policy, particularly since the entire Council has not had the benefit of a thorough review of existing policy. Reaffirmation is relatively indecisive since the previous policy has not been specifically reintroduced and debated. The appropriate recommendation therefore would be for a negative vote. Thus, with a negative vote previous policy in effect will be reaffirmed.

 

NOTE: A report or resolution is "received" when it is introduced as the business of the Council at its opening session. The Council may decline to receive a matter only by objecting to its consideration at the time of its introduction. For this reason, it is inappropriate to propose as a final action that a matter be "received" or "received for information."

 

PARLIAMENTARY PROCEDURE IN THE COUNCIL

It is necessary in an assembly of over 500 councilors, alternate councilors and others to insist that each individual speaking to an issue be recognized by the Chair, be at a microphone, and be properly identified for the information of those who transcribe the proceedings.

As noted in Article XV of the ACR Bylaws and in the absence of specific provisions to the contrary in the Bylaws of the College or in this manual of "Procedures of the Council," the Council shall be governed by "Sturgis'' Rules of Order."

A few comments on specific procedures:

A. The motion to REFER: If it is desired that a matter be referred to the Board of Chancellors or through the Board to the appropriate commission/committee, it should be specifically indicated if a report back to the Council is desired at a definite time. Without such a directive, the matter of reporting back and its timing is up to the body receiving the referral. If the motion to REFER is adopted, all pending or adopted amendments as well as the subject are referred. All referrals to specific commissions/committees are made through the Board of Chancellors.

The motion to REFER FOR DECISION: When the Council refers an item of business to the Board of Chancellors for decision, the Board of Chancellors determines what action is appropriate. Once the Board of Chancellors determines the appropriate action, whether affirmative or negative, the Board subsequently will inform the Council prior to the next meeting.

B. The motion to RECONSIDER: If a motion to RECONSIDER is sustained, the situation reverts to the exact position it occupied prior to its previous disposition, e.g., the action which is being reconsidered.

C. The motion to RECALL: In order to undo a motion to refer which has been adopted by the Council at the same session, a technique for calling back a referral is the use of the motion to RECALL. The motion to RECALL is similar to the motion to reconsider in terms of its intent, but the motion to reconsider can be applied only to a main motion and the motion to refer is a subsidiary motion. The motion to RECALL requires a second and is debatable, but only as to the reasons for and the propriety of RECALL. Not debatable is the substance of the main motion itself or any of its pending amendments, except as they might apply to the appropriateness of RECALL.

Except for the inability to amend and the applicability only to the motion to refer, the motion to RECALL has the same rules applied to it as those applied to the motion to refer. It is a subsidiary motion and is of a higher rank than the motion to refer in the order of precedence established for subsidiary motions.

D. The motion to AMEND something already adopted: Not infrequently it becomes desirable on the basis of afterthought or further consideration to modify an action which has already been taken. If the modification is a simple addition to the action taken, rather than a substantive change, it is not necessary to RECONSIDER. A motion to AMEND the previous action is in order and it becomes a main motion.

E. The PREVIOUS QUESTION or a motion to VOTE IMMEDIATELY: Many people cling to an archaic form which has meant different things at different times in parliamentary history. The PREVIOUS QUESTION is perhaps sufficiently entrenched to merit preservation, but its modern counterpart, a motion to VOTE IMMEDIATELY, will be entertained as an equivalent. It requires a 2/3 affirmative vote to sustain such a motion. It is, in effect, a statement by the assembly that it has heard enough and wishes to vote on the matter at hand at once. It applies only to the immediately pending question unless the councilor making the motion to vote immediately qualifies the motion by specifically stating that it applies to all pending questions. A motion to VOTE IMMEDIATELY on all pending matters will only be accepted if the Speaker rules that both sides have been heard on ALL pending matters. In the event such latter motion prevails, the Council must act without further debate on the item of business and all pending amendments in proper order of precedence.

The Chair will not recognize the motion to vote immediately or terminate debate as being "in order" if it is added at the conclusion of a significant discussion of the immediately pending question. At the option of the Speaker, a motion to VOTE IMMEDIATELY will not be accepted until the Council has heard at least one speaker representing each side of the issue.

F. WITHDRAWAL of a Resolution: Occasionally the sponsor of a resolution becomes persuaded that his resolution is somehow inappropriate or inaccurate. At any time prior to the acceptance of the resolution as the business of the Council, with referral to a reference committee, the sponsor may withdraw his resolution and it does not become the business of the Council. After referral to a reference committee, it is the business of the Council. At the time of the reference committee hearings, the sponsor may become persuaded that he would like to withdraw the resolution, and may suggest to the reference committee that withdrawal would be preferable to other action. If the reference committee agrees, and the sponsor concurs, it may recommend to the Council in its report on the matter that LEAVE TO WITHDRAW be accorded by the Council. The Chair, having confirmed approval by the sponsor, places the question on granting LEAVE TO WITHDRAW. A majority vote in the affirmative accomplishes withdrawal.

G. The motion to POSTPONE or DEFER CONSIDERATION of a question: Such deferment may take two forms (1) Postpone Definitely and (2) Postpone Temporarily.

1. To postpone definitely is of higher rank than referral, and a lesser rank than limiting debate, and can be amended as to the definite time for consideration, with debate limited to brief discussion of the time or reason for postponement.

2. To postpone temporarily is the same motion as to "table" and is the highest ranking subsidiary motion to be applied to a main motion, and requires a majority vote and can have no other motions applied to it. It can be applied to a motion even after it has been determined that debate on the motion has been terminated which would, in effect, temporarily postpone that vote on the main motion to which no other debate can be applied and allow the motion to be brought from the table for resumption of debate. When such debate is resumed, if the vote to terminate debate has been previously decided, it would simply require that the vote, at that time, be taken without further debate.