Association Rules — 100. Divisions

100-1. Reports, Liability Insurance, Public Statements, Contracts, and Political Activities

100-1.1 On or about February 1 of each year, Divisions shall submit to the Board of Directors a report that covers the activities of the Division during the preceding year.  The report shall be in a format requested by the Recording Secretary.

100-1.2 The annual report of the Division shall cover financial activities (including a copy of the division's annual tax return), membership, elections, special projects undertaken during the year, new committees, new chapters and sections, political advocacy, interorganizational linkages, and such other matters as may be required to present an accurate accounting of the Division's activities during the reporting period.

100-1.3 The Board of Directors shall inform Divisions of activities that appear to be out of compliance with the Bylaws, Association Rules or policies of the Association.  Continued failure or refusal to comply with these requirements may constitute good and sufficient reason for the imposition of sanctions, including the dissolution of a Division by the Council of Representatives. The Board shall seek to resolve issues of concern with Divisions on an informal basis before placing the issue on Council's action agenda.

100-1.4 A division of the Association or a subunit of a division may release a position or policy statement on public policy matters in its field in its own name so long as the statement “complies with all relevant association bylaws, rules and current association policies” (APA Bylaws, Article VI.5) and does “not establish or enforce standards for ethics, accreditation, certification, or credentialing of specialty recognition” (APA Bylaws, Article VI .5).  If the position or policy statement is intended to establish or could be construed by APA members or the public as establishing a standard or guideline for psychologists or for individuals or organizations that work with psychologists, the provisions of Association Rule 30-8 apply.  Unless a division or division subunit obtains approval for a proposed statement on public policy issues from Council, such statements shall contain a disclaimer clause making it clear that the division or subunit is not speaking for the APA or for any other division or unit of the APA.  Position or policy statements issued in the name of the APA require prior approval by Council.

When issuing statements on public policy matters in its field, a division or its subunit should contact the Division Services office, which will consult with APA legal counsel and executive directors, to determine if the proposed position or policy statement is in conflict with APA Bylaws, rules or policies and to determine if Rule 30-8 applies.  Provided there is no such conflict, the Division Services office, in consultation with APA legal counsel, will determine appropriate disclaimer language to accompany the position or policy statement.

For positions or policy statements to be presented by a division or its subunit in amicus curiae briefs, affidavits or other statements in legal proceedings, the provisions of Rule 100-1.8 apply.

100-1.5 As stated in Article VI, Section 9 of the APA Bylaws, divisions shall publish journals only with the approval of Council.  Proposals for division journal publication go to Council via the Publications and Communications Board.  Such journals shall be operated in a manner consistent with APA and Publications and Communications Board policies on division journals.

100-1.6 APA shall obtain liability insurance for publications of APA and its divisions.

100-1.7 A Division may execute contracts or negotiate grants with outside entities.  Such contracts or grants (with the exception of those for routine, annually recurring events or expenses, e.g., meetings) which provide for payment or receipt by a Division or the Association of funds, goods, services or other value in excess of $10,000 must be submitted to the APA Executive Office for prior legal and financial review.  The legal and financial reviews will be conducted in a timely manner.

100-1.8 A division or other unit of the Association may participate in amicus briefs according to the procedures approved by the Board of Directors. In the event that the Board decides that APA will file an amicus curiae brief in a case, a division or other APA-related entity may not file a separate brief in the same case.

100-1.9 A division or other unit of the Association may not support, either directly or indirectly, any candidate for federal, state, or local office including contributions or other support to any political action committees.

100-2. Petitions for New Divisions

100-2.1 Members interested in forming a new division shall be invited to attend the Division Leadership Conference (DLC) by means of an announcement published annually in the APA Monitor on Psychology. A steering committee of a proposed new division may send representatives to the DLC. The steering committee shall also advise APA Central Office, by means of a letter of intent, of (1) its interest in forming a new division; (2) progress toward the formation of the division; (3) evidence of financial and organizational viability; and (4) evidence and materials supporting the need for a new division.

A petition for the formation of a new division, submitted in accordance with Article VI, Section 3 of the APA Bylaws, shall include in its prefatory statement the following: (a) a statement of the proposed name and purpose of the division; (b) relevant evidence that the petitioners "represent an active and functionally unitary interest of a group of Members"; (c) the names of the Members sponsoring the petition or speaking for the petitioners; and (d) a statement that the individual petitioners ask for and will accept membership in the division if it is established.

An APA member who wishes to support the formation of the proposed division may: 1) enter his/her name and member number in a designated members-only section of the APA Web site created for that purpose or 2) complete a petitioners statement distributed by the steering committee with his/her printed name and written signature and APA mailing address (to assist in the unambiguous identification of the signers). The paper version of this statement will be worded exactly the same as the electronic version. Both of these options will inform the signatory that signing means that (a) the signatory will have a continuing interest in the division, that (b) consistent with Association Rule 100-2.1, the signatory ". . . asks for and will accept membership in the division if it is established," and (c) the signatory will automatically be billed for membership in the division upon its establishment (if dues are required).

100-2.2 The petition shall be transmitted to the APA Recording Secretary along with designation of an individual who will speak for the petitioners in further communications. The Board of Directors shall determine at its next regular meeting whether or not the petition conforms to the technical requirements of the APA Bylaws and of these rules. If the petition is in order, it shall request from the petitioners added information (Association Rule 100-2.3) and shall circulate the petition with the added information to all divisions and to members of Council. The divisions and representatives to Council shall be invited to comment in writing to the Board.

At a subsequent meeting, the Board shall consider the petition on its merits, together with supplementary materials and comments, and shall transmit the petition with the Board's recommendation to Council for its action. If the Board's recommendation is unfavorable, the petitioners may be allowed an additional period of one year to perfect the petition, providing there is reasonable evidence that no violence is done to the intent of the original petitioners.

100-2.3 In the event that the petitioners represent an established group of APA members, the additional material to be supplied shall include minutes of the meeting at which action was taken to seek affiliation, a full list of members, lists of officers for current and recent years, and bylaws of the group.

In the event that the group has been newly assembled, the petitioners shall supply (a) minutes of any organizational meeting of the group sponsoring the petitioners and a list of persons attending, (b) provisional bylaws of the proposed division that conform to requirements of the APA Bylaws, (c) a list of provisional members by class (e.g., Associate member, Member) if such is proposed, (d) a list of members who are not petitioners, and (e) a list of provisional officers.

If the petitioners feel it would be useful to Council, they may submit a statement amplifying the preface to the petition to make clear why they seek divisional status.

100-2.4 Following favorable action by a two-thirds vote of Council at the mid-winter meeting of Council, a new division is constituted when it holds its first business meeting within a year of its official approval. At this time, the division shall adopt bylaws and elect its initial membership and permanent officers. The secretary of the division shall be responsible for communicating the substance of these actions to Central Office. The division will hold candidate status for a period of two years, during which time the division will enjoy all privileges of a fully established division. The division shall submit an annual report to the Council of Representatives, in accordance with Association Rule 100-1.1, describing its activities during the time of its candidacy. Council shall grant final approval. That approval may only be delayed or rescinded if the division does not meet the criteria in the Association Rules and the Bylaws for divisional status. A two-thirds vote is required for final approval.

100-2.5 A petition for the establishment of a new division shall not be voted upon by Council until all existing divisions have had an opportunity to consider the petition officially.

100-3 Division Name Change

100-3.1 A division may change its name as long as the change: a) does not extend the scope of the scientific and/or professional field for which the division was recognized at the time it was established by the Council of Representatives; and b) is not inimical to the welfare of any other division. In order to avoid conflict, no division name change shall become effective until there has been compliance with the following procedures.

100-3.2 A division desiring to change its name shall give written notice of the proposed name change to the APA Recording Secretary. The division shall provide with the notice whatever information it deems appropriate to explain or support the proposed name change. The Recording Secretary shall notify all divisions and members of Council of the proposed name change and provide them with a copy of the notice of proposed name change. The Secretary shall advise the divisions and members of Council that any objections to the name change must be received by the Recording Secretary within 60 days of the date of the Secretary’s notice. All objections by divisions or members of the Council must be in writing and shall fully state the basis for the objection. The objections shall be submitted to the proposing division for consideration and resolution. Dispute resolution may be invoked through CODAPAR if helpful. If objections are not resolved, the proposed name change will be submitted to the Council of Representatives for decision.

100-3.3 If no objections are received or if objections received during the comment period are resolved, the proposed name change may become effective after the 60-day notice has expired. If the proposed name change is submitted to Council, it may become effective only after Council’s approval. No name change, however, whether approved by lack of objection or by vote of Council, may become effective until approved by the proposing division in the manner required by the division’s applicable bylaws, rules or procedures.

100-4 Chapters and Sections

100-4.1 If allowed by its Bylaws, a Division may elect to form local chapters. Chapters of Divisions must comply with APA Bylaws, Association Rules and current APA policies and shall be accountable to the Division's governing board. Chapters shall file tax information with the parent Division. This information shall be included in the Division's annual report to APA as specified in 100-1.2.

100-4.2 If allowed by its Bylaws, a Division may elect to form sections within their unit. Any section so formed must comply with APA Bylaws, Association Rules and current APA policies and shall be accountable to the Division's governing board. Sections shall file tax information with the parent Division. This information shall be included in the Division's annual report to APA as specified in 100-1.2.

100-5. Division Assets and Incorporation

100-5.1 A Division may have discretion over the disposal of its assets in the case of dissolution of the division provided that such disposal is consistent with APA's tax exempt status.

100-5.2 A Division may separately incorporate with prior legal review coordinated through the APA Executive Office.

100-5.3 Separately incorporated divisions must have purposes and operations that are determined by APA's Executive Office to be consistent with APA's tax exempt status.

100-6. Life Membership Status (Dues Exemption)

100-6.1 Any APA member who is exempt from paying dues shall also be exempt from further payment of division dues and assessments. However, divisions may, at their discretion, assess and collect from these members a mandatory subscription price/service fee to cover the costs of providing such division publications as may be requested by these members. (see also Association Rule 10-12-Life Membership Status (Dues-Exemption).

100-7. Division Dispute Resolution Mechanism

100-7.1 In the event of a conflict or a dispute between two or more divisions, the Committee on Division/APA Relations (CODAPAR) endorses and encourages informal dispute resolution through direct negotiation and conciliation between the conflicted divisions. Within its mission of facilitating interdivisional communication, when asked to do so CODAPAR will provide assistance to divisions in resolving their differences.

100-7.2 It is within the power of the Council of Representatives to address any conflict between or among divisions. Council may decide, either on its own initiative or at the request of one or more of the disputing parties or any other interested persons or bodies, whether to address a conflict and, if so, the mechanism by which the conflict will be addressed. For example, depending on the nature of the conflict, Council may choose to take direct action to resolve the matter; appoint a subcommittee or other body such as the Board of Directors to evaluate the conflict and make recommendations to Council; or recommend other mechanisms to resolve the conflict consonant with fiscal responsibility.