Member Proposed Bylaw Amendment

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Questions about the Proposed Amendments to AMA Bylaws? Please contact Cameron Plitt (cameron.plitt@albertadoctors.org).

Memorandum

Date:  July 29, 2022
To: Alberta Medical Association Members
From: Dr. Earl Raber
Subject: Member Proposed Bylaw Change


The proposed amendment below is respectfully moved by Dr. Earl Raber and seconded by Dr. Earl Campbell, for consideration by the Membership at the Annual General Meeting. 

Changing referendum votes from a simple majority to 60%

  • AMA is tasked with representing all doctors in the province and so any negotiated agreement should have widespread support throughout the profession. A larger majority requirement would better reflect the need for widespread support and better guarantee successful representation of physicians’ interests.
  • A narrow ratification vote could be destabilizing for the profession as its legitimacy could be questioned, and it could potentially lead to intra-sectional or inter-sectional divisions. A broader majority would minimize such risk by ensuring both greater support and greater legitimacy and therefore lead to greater acceptance of the results by all members.
  • A larger threshold for ratification increases the AMA’s bargaining strength. The other party would know that if it desires a deal, it must garner broad support and therefore appeal to most members. This would diminish the risk of targeted pressure tactics against individual physicians or sections.
  • A larger threshold would have no effect on the success of a deal that met the needs of most physicians. Indeed, all of the negotiated agreements over the last 20 years would easily pass the proposed 60% threshold, but critically, it would save the AMA from possible destabilizing effects of a contentious or divisive deal.
  • A larger threshold would better reflect the importance that a negotiated agreement means for the profession. The AMA already recognizes the need for super-majority thresholds internally, requiring a high threshold of 75% for any change to by-laws and passage of special resolutions. The AMA realizes that these changes could impact the profession profoundly and therefore requires the higher bar of support to demonstrate that they serve the entire profession. Arguably there is no responsibility entrusted to the AMA that is more important and that may have more significant impact on its individual members than the negotiation of agreements with government. Such potentially transformative and impactful changes on all members should require more than the very bare minimum of support. They should require widespread support. 

Proposed wording

Present wording

33.1

No agreement between Alberta Health (or other paying agency) and the Association which affects the medical profession in Alberta shall be approved, adopted or ratified by the Forum, the Board or the Executive on behalf of the Members unless such approval, adoption or ratification shall have been approved by 60% of the Members who vote on a ballot put to all Members entitled to vote. 

33.1

No agreement between Alberta Health (or other paying agency) and the 
Association which affects the medical profession in Alberta shall be approved, adopted or ratified by the Forum, the Board or the Executive on behalf of the Members unless such approval, adoption or ratification shall have been approved by a simple majority of the Members who vote on a ballot put to all Members entitled to vote. 


Report of the Board of Directors
Alberta Medical Association (CMA Alberta Division)

Memorandum

Date:    September 14, 2022

To:    AMA Members
From:    Board of Directors
Re:    Motion to amend the voting threshold for referenda
For:    Information

Background

At the Fall 2021 Representative Forum meeting, a motion was put forward to convene a special general meeting to consider a motion to amend the approval for referenda in the bylaws from a simple majority a 60% majority and 60% of Sections supporting the vote. That motion was defeated by the RF.

Despite the outcome of the RF, the Board felt further discussion was warranted given the importance of unity within the profession.  After consulting with leaders from the Specialty Care Alliance and the Sections of Family Medicine and Rural Medicine, and considering the factors below, the Board felt that the ratification threshold should remain at a simple majority.

In accordance with their rights as members, a separate motion to amend the voting threshold for referenda to “60% of the Members who vote on a ballot” was subsequently submitted for consideration by the membership at the 2022 AMA Annual General Meeting.

The Board has a duty and responsibility to the membership to comment on issues that it believes could have a significant affect on the association. The motion to increase the voting threshold for referenda from a “simple majority” to “60% of the Members who vote on a ballot”, is such a matter.

Board Recommendation

The Board does not view a simple majority as a goal and at all times would strive to negotiate an agreement that would be approved by a significant majority of members. However, the Board does believe that the democratic principle that a majority may take action on behalf of the association should be maintained and, as such, the Board does not recommend acceptance of the proposed amendment.

Notwithstanding the Board’s recommendation, the matter is to ultimately be decided by a vote of the AMA Members at the 2022 AGM.  The recommendation of the Board is merely that, a recommendation, and the decision is up to the vote of the members.

The matter will be open for discussion at the AGM once the motion is tabled; the Board would be happy to answer any questions regarding the Board’s report at that time.

Factors Identified

  • The basic requirement for approval of a proposed action is a majority, that is more than half of those present and voting, which reflects the basic democratic principle that a majority may take action on behalf of the association.
  • This approach balances respect for the minority to be heard, and for the majority to decide, allowing the organization to move forward with the business of the association, confident that they have the support of more than half of the members.
  • Higher thresholds reflecting the same democratic principles are usually required only in certain special circumstances, like changing something previously adopted, preventing a question from coming before the assembly, limiting the rights of members to debate, nominate or vote, and removal of membership.
  • In the case of something previously adopted, a majority has made that decision in the past, and their interests are protected by requiring a higher majority to change something.
  • In the case of limiting rights to prevent or limit debate, nominate, vote or be a member, these are rights that all members have equally, and more than a majority is required to remove or restrict them.
  • Using a higher voting threshold for any situation except those described above essentially gives the minority greater rights than the majority, to either adopt or stop a proposed action.
  • A review of the medical association bylaws in other provincial jurisdictions, did not find examples of higher voting thresholds, except for those described above (e.g., Doctors of BC requires a simple majority for agreements between the Association and government).
  • Changes to the referenda voting provision would apply to other agreements negotiated by the AMA affecting the medical profession, including Cancer Care physicians, Department of Defence, Workers Compensation Board, etc.
  • To support unity of the profession, the Board supported a more robust process for consultation and discussion of any tentative Alberta Health agreements, with RF and membership, including more information provided in advance and more opportunities to ask questions and discuss concerns.

Alberta Medical Association Mission: Advocate for and support Alberta physicians. Strengthen their leadership in the provision of sustainable quality care.