CAGD Bylaws

BYLAWS OF THE

CALIFORNIA ACADEMY OF GENERAL DENTISTRY

2023

Amended:

September 13, 2023

BYLAWS OF THE

CALIFORNIA ACADEMY OF GENERAL DENTISTRY

CHAPTER I

ORGANIZATION

Section 1.

            Name:

            The name of this organization shall be THE CALIFORNIA ACADEMY OF

GENERAL DENTISTRY, here in after referred to as “CAGD.” The CAGD is a constituent member of the Academy of General Dentistry; an international Academy of General Dentistry referred to herein as the “AGD.”

CHAPTER II

PURPOSES

Section 1.

            PURPOSE:

            The purpose of the CAGD is to serve the needs and to represent the interests of

general dentists and to foster their continued proficiency through quality continuing dental education and advocacy in order to better serve the public and promote the oral health of the public.

CORE PURPOSE:     

Section 1.  Advance the value and excellence of general dentistry. 

Section 2.  To accomplish this purpose this AGD shall:

  1. Grant charters to state, provincial or regional units located in the United States, Canada, or territories of the United States in such manner as provided in the Bylaws;
  2. Have the power to acquire, own, and convey real and personal property;
  3. Carry on research;
  4. Grant certificates in recognition of achievement in the science and practice of dentistry;
  5. Issue publications;
  6. Establish and operate courses, museums, and libraries;
  7. Create other incentives and provisions for continuing education courses in dentistry;
  8. Use all appropriate means for attainment of its objectives which from time to time may seem to be desirable.

CHAPTER III

INCORPORATION

Section 1.

The CAGD is incorporated in the State of California as a not-for-profit educational organization; no part of its property or earnings shall inure to the benefit of any member thereof.  In the event the corporation is dissolved after payment of all indebtedness of the corporation.  Its remaining assets, funds and property shall be given to an appropriate educational nonprofit corporation in the field of education for the general dentist of a non-profit educational institution dedicated to the education and training of general dentists, to be determined by the board of the CAGD.

Section 2.

            CENTRAL OFFICE:

            The central office of the CAGD shall be located within the geographical

            boundaries of the State of California.

Section 3.

            COMPONENTS OF CAGD:

Component societies may become affiliated with CAGD in accordance with policies, procedures, terms and conditions established by the Board of Directors.  Each such component society shall be a separate legal entity.

CHAPTER IV

MEMBERSHIP

Section 1.

Classification of membership: The classifications of membership are determined by the AGD Bylaws (see Chapter I of AGD Bylaws). The CAGD shall follow the guidelines of the AGD Bylaws in regards to membership classification.

Section 2.

            Requirements

The requirements of membership of the CAGD shall follow the             requirements of the AGD Bylaws.

 
 
CHAPTER V

DUES, ASSESSMENTS AND PROCESSING FEES

Section 1.

Membership dues shall be payable on the first day of January of each year.  Constituent dues for all constituent members shall be determined by a majority vote by the CAGD Board of Directors, in accordance with these Bylaws and are in addition to AGD dues.  Membership dues shall be payable in accordance with the AGD policy.

Section 2.  Loss of Membership and Reinstatement

  1. A member whose current dues have not been paid by March 31 of the then-current year shall cease to be a member of the AGD and CAGD; the individual may secure reinstatement by paying AGD and CAGD dues prior to the end of the calendar year.  If, by December 31st of any given year, the amount due remains unpaid, the individual may secure reinstatement as a member for that given year by fully paying his or her AGD and CAGD dues.  Once such a member is reinstated, he or she may reclaim credit for any continuing education credits he or she obtained while an active member of the AGD and/or CAGD.

B.           As a result of judicial procedure:

  1. A member under suspension is automatically reinstated at the end of the suspension period as specified by the CAGD and/or the AGD Council on Bylaws and Judicial Procedures;
  • A member who is expelled from the organization may not be reinstated until such time as the expulsion is lifted by the AGD Council on Bylaws and Judicial Procedures.

Section 3. Special Considerations

A.        Disability:  AGD rules relating to total disability shall be applicable to CAGD members

             B.        Leave of Absence

1.     A member in good standing who has temporarily left the practice of dentistry for reasons of family leave, family tragedy or personal health problems, for at least six (6) months and intends to be out of the practice of dentistry for more than one (1) year, may be granted a leave of absence based on a form received by the constituent secretary and approved by the Board of Directors (or its designate) which shall be forwarded to the Headquarters office to effect the leave.

2.     Dues will be the same as that established for retired members and pertain to the new calendar year, with dues to resume at the appropriate rate for the following year unless the leave of absence is extended by action of the Board.

3.     Leave of absence status is limited to three (3) consecutive years.

4.     Members whose membership in the AGD have lapsed may not take advantage of this provision unless their dues have been fully paid for the year in which the need for a leave started.

5.     Consideration for granting a leave of absence will not be granted to any member whose license is currently revoked or suspended.

CHAPTER VI

GENERAL ASSEMBLY

Section 1.

            The supreme governing body of the California Academy of General Dentistry

shall be the General Assembly consisting of active, retired, part-time and emeritus members who attend and vote at a CAGD business meeting.

Section 2.

            POWERS:

            The General Assembly shall have the following powers:

  1. To be the supreme legislative body of the CAGD.
  2. To enact, amend and repeal the Bylaws of the CAGD

            C.  To elect the officers and to act upon requests from the Board for removal of a director or officer.

Section 3.

            SESSIONS:

The general assemblyshall meet at least once each year at a time and place designated by the Board of Directors.  The general membership may be called into session upon the call of the President with the approval of the Board of

            Directors or by petition signed by at least thirty (30) members of the CAGD. 

Notice must be sent by the secretary to all members of the CAGD at least thirty (30) but not more than 90 days prior to any scheduled meeting. Said written notice shall state the general nature of all proposed items to be acted upon at said meeting.

Section 4.

            QUORUM:

A quorum at any CAGD duly noticed and convened business meeting shall be a majority of the CAGD Board and the number of members present and eligible to vote at that meeting.

Section 5.

            RULES OF PROCEDURE:

The Parliamentary Procedure of The American Institute of Parliamentarians shall govern the deliberations of the CAGD in all cases where it does not conflict with the AGD Bylaws.

CHAPTER VII

BOARD OF DIRECTORS

Section 1.

            COMPOSITION:

  1. The Board of Directors is the managing body of the Association, and shall consist of the elected officers; the President, President-Elect, Vice President, Secretary, Treasurer, Editor, and Immediate Past President and one representative from each component society. 
  • All shall have voting rights, however, the President’s vote shall only be enacted in the event of a tie or to cause a tie.
  • Each component shall be represented by the component President or their appointed representative and each component shall have one vote. 
  • The Trustee and the Regional Director shall serve in an advisory capacity, without the right to vote.
  • Directors must be an active, retired, part time, and emeritus general dentist members in good standing at all times during his or her service.

Section 2.

            MEETINGS OF THE BOARD OF DIRECTORS:

The Board of directors shall meet at least twice a year, upon the call of the President or any three directors. Notice of regular Board meetings shall be transmitted at least ten (10) days in advance.  Special meetings, or emergency meetings when deemed necessary, may be called by the President with proper direct notification to all Board Members at least forty-eight 48 hours in advance. A majority of the Board of Directors shall constitute a quorum.

Section 3.

            DUTIES AND POWERS OF THE BOARD OF DIRECTORS:

It shall be the power and duty of the Board of Directors:

  1. To direct, manage and administer the CAGD in the interim between annual meetings of the general membership.
  2. To provide for the maintenance and supervision of all property owned or operated by the CAGD.
  3. To determine the place and date for holding the annual meeting and to

approve the overall meeting and to approve an overall meeting schedule for

the coming year.

  • To establish a budget for the coming year and to see that all CAGD accounts are examined in detail by line item at least once a year and submitted to the Board for internal audit.     
  • To review all council and committee reports and take appropriate action on them.
  • To review all proposed CAGD components and make recommendations to the general membership for establishing their geographical boundaries before they are acted upon at the annual meeting.
  • To allocate and prepare delegates and alternate delegates to the annual AGD meeting.
  • To periodically assess the needs of the members and to develop plans to see

that those needs are met.

  • To establish the constituent dues.
  • To perform an annual performance evaluation of the CAGD Executive Director at the Spring board meeting.
  • To grant, suspend or revoke charters or CAGD components.
  • To act upon recommendations from the President on council and committee appointments including the removal of those council or committee members either unwilling or unable to function in their assignments.
  • To make recommendations to the general assembly with regard to the removal of any officer or director.

Section 5.

            VACANCY:

            In the event that a CAGD Officer is unable to attend a particular Board meeting,

            no substitute may be designated.  The absent CAGD Board Member will not be

            allowed to vote by proxy on any issue being discussed at the meeting.  In the

event a member of the board of directors is absent from three board meetings without a satisfactory reason, or resigns, that position may be filled by majority action of the Board of Directors until a successor is designated by the body empowered to fill that office.

Section 6.

            MEETING BY CONFERENCE OF OTHER ELECTRONIC MEANS:

            Members of the Board may participate in a meeting through use

            of conference telephone, electronic video screen communication, or other

            communication equipment if all of the following apply: 

            (1) each member can communicate with all of the other members

concurrently; (2) each member is provided with a means of participating    in all matters before the Board, including the capacity to propose, or to interpose an objection, to a specific action to be taken; (3) a means of verification is adopted and implemented by the corporation as to both of the following: (a) the person communicating by electronic means is entitled to participate in the Board meeting and (b) all statements, questions, actions, or votes were made by that person and not by another not entitled to participate. 

Section 7.

            ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT A

            MEETING:

            Any action required or permitted to be taken by the Board under

            any provision of law may be taken without a meeting if all members of the

            Board shall individually or collectively consent in writing to such action in

            the manner specified in the California Nonprofit Corporation Law.

CHAPTER VIII

OFFICERS

Section 1.  Elective officers:

The elective officers of this CAGD shall be a president, a president-elect, a vice president, a secretary, a treasurer, and an editor.  The powers, duties, terms of office, and method of election shall be as set forth in the Bylaws.

Section 2.

            COMPOSITION:

            The officers of the CAGD shall be a President, President-Elect, Vice President,

            Secretary, Treasurer, Editor and Immediate Past President.

Section 3.

            TERMS OF OFFICE:

            The President, President-Elect, Vice President and Immediate Past President shall

serve a one (1) year term.  The Secretary and/or Treasurer and Editor shall serve for a term determined by the Board of Directors.

Section 4.

            VACANCY IN OFFICE:

            In the event of a vacancy for any reason in the President-Elect, Vice President,

            Secretary, Treasurer, or Editor, the President, with recommendation from

            the nominating committee and subject to the approval of the Board of Directors,

            shall appoint an interim successor to serve at his discretion until the next general

            membership election shall take place.

Section 5.

            DUTIES OF THE OFFICERS:

A.  President

                  It shall be the duty of the president:

  1. To serve as an official representative of the CAGD in its contact with

government, civic, business and professional organizations for the purpose of advancing the objectives and policies of the CAGD.

  • To serve as a non-voting consultant on all CAGD committees.
  • To preside at meetings of the general assemblyand the Board of Directors.  At both meetings he shall have the right to vote in the event ofa tie.
  • To appoint members to councils and committees, and advisors subject to the approval of the Board of Directors.
  • To appoint a parliamentarian subject to the approval of the Board of Directors.
  • To submit an annual report to the general membership.
  • To call meetings of the Board of Directors.
  • To countersign all citations, certificates and testimonials.

B.  President-Elect

                 It shall be the duty of the President-Elect:

  1. To serve as a voting member of the Board of Directors.
  2. To serve as a consultant to all committees with the right to vote.
  3. To assume the office of President in the event that the President is unable to fulfill the terms of his office.
  4. To succeed to the office of President, assuming the position at the annual meeting of the following year.
  5. To attend all important functions of the CAGD.
  6. To preside in the temporary absence of the President at meetings of the general assembly of Board of Directors.
  7. To cooperate with the President and familiarize himself with the duties of the office.
  8. To serve as program chairman at the CAGD annual meeting or appoint a program chair for the annual meeting.
  9. To co-sign all checks in absence of the Treasurer and Vice President.

C. Vice President:

                 It shall be the duty of the Vice President:

  1. To assist the President and the President-Elect in the performance of their

duties and to fulfill those duties in their absence.

  • To be a non-votingconsultant to all councils and committees
  • To serve as a member of the Board of Directors.
  • To serve as presiding officer in the absence of both the President and Vice President.
  • To co-sign all checks in the absence of the Treasurer and President-Elect.

D.  Secretary:

     It shall be the duty of the Secretary:

  1. To oversee the keeping of the minutes of all meetings of the Board of Directors and the general assembly.
  2. To oversee the keeping of all the records and properties of the CAGD during their term of office.
  3. To oversee the notification of council and committee members of their appointments.
  4. To oversee the countersigning of all citations, certificates and testimonials.
  5. To oversee correspondence on behalf of the CAGD.
  6. To oversee the notification of all members of the annual meeting at least thirty (30) days in advance.

                 7.    To oversee the notification of all members of the Board of Directors of meetings at least ten (10) days in advance.

                 8.    To advise new members that they have been accepted by the Board of Directors.

E.  Treasurer:

                  It shall be the duty of the Treasurer:

                  1.    To oversee the keeping of adequate and proper accounts of the properties and funds of the CAGD.

2.   To oversee the maintenance of a current roster of all members and and

      accounting of their dues.

3.   To ensure accountability for all monies and other valuables deposited in

      the name of and to the credit of the CAGD.

4.   To oversee disbursement of the funds of the CAGD as may be directed by

      the Board of Directors                          

5.   To co-sign all checks forwarded by the Executive Director.

6.   To chair and call meetings of the Budget and Finance Committee.

 To oversee the preparation of the budget in conjunction with the

 CAGD Budget and Finance Committee for review and approval by the

 Board of Directors.

  • To oversee the accounting for all funds acquired by the CAGD.
  • To oversee preparation of yearly tax forms.
  • To cause to be bonded all persons authorized to handle the CAGD’s funds.

F.  Editor

                 It shall be the duty of the Editor:

  1. To serve as a member of the Board of Directors with the right to vote.
  2. To assume full responsibility for the CAGD’s publications and to exercise all editorial control for these publications subject to policies established by the Board of Directors and the general assembly.

G.  Immediate Past President

                  It shall be the duty of the Immediate Past President:

  1. To serve as a member of the Board of Directors with the right to vote.
  2. To serve as the Chairman of the Nominating Committee for CAGD Officers.
  3. To serve as a consultant to all CAGD councils and committees with the right to vote.
  4. To attend the CAGD Board Meetings.

CHAPTER IX

APPOINTIVE POSITIONS

EXECUTIVE DIRECTOR

Section 1.

            The Executive Director shall be selected and contracted by a majority vote of the CAGD Board of Directors. 

Section 2.

The Board of Directors shall establish written duties and responsibilities of the Executive Director, and said duties and responsibilities will be subject to change from time to time as deemed appropriate by the Board.

CHAPTER X

REGIONAL DIRECTOR

Section 1. 

The duties of the Regional Director shall follow the AGD guidelines.

Section 2. 

The regional director shall be elected in accordance with rules of procedure established by the region and be confirmed by the AGD House of Delegates.  [NOTE: AGD Regions’ rules of procedure must specify one of the following procedures for electing the regional director and all constituents within the region must follow the same procedure.]

A.     By a majority vote of the individuals present and voting at a caucus meeting held in the region and announced by the regional director at least thirty (30) days in advance.  The individuals entitled to vote at such a meeting would include any duly elected delegate from a constituent in the region or his or her alternate delegate.  A candidate’s name may be placed on the postcard ballot if he or she is nominated in any of the following way:

    By a petition signed by at least twenty-five (25) active or emeriti members

    practicing in the region. A plurality of the votes will be considered sufficient to

    elect on a postcard ballot.  However, no constituent may have on the ballot

    more than one candidate.  If more than one candidate is presented from a

    particular constituent, that constituent shall hold a primary election to

    determine which candidate will be placed on the regional ballot.

OR

B.     The regional director may be elected by a simple majority vote of those serving on the CAGD Board of Directors.  Such a meeting can be held no more than one hundred twenty (120) days in advance of the annual meeting in which the regional director will take office and must be announced to the members of the Board at least thirty (30) days prior to the meeting.

Section 4.  Removal from Office

A.     Initiation of Removal Proceedings

The CAGD may initiate proceedings to remove a regional director from office.  The CAGD may do so through a two thirds (2/3) vote of its Board of Directors in a letter to the trustee signed by either the president or secretary of the CAGD with a copy to the AGD secretary and a copy to the regional director.

B.     Removal Proceedings

A regional director may be removed from office by a two thirds (2/3) vote of the delegates at any regional caucus meeting providing that thirty (30) days notice is given to each delegate and the regional director and that intention to remove the regional director is made known to the delegates and the regional director at the time of the meeting announcement and that a substitute must be appointed to preside at such a meeting by the delegates present.  No individual shall have more than one vote even though that individual may hold more than one office. 

Such vote may be taken by a mail ballot provided that intention to conduct such a poll has been made known to the CAGD officers and the regional director at least thirty (30) days prior to the mailing of the ballot.  If a mail ballot is used, then such mail ballot shall be supervised by the AGD secretary.”

CHAPTER XI

NATIONAL TRUSTEE

Section 1.  Duties

The duties of the National Trustee shall follow the AGD Guidelines.

Section 2.  Terms of Office

            The term of office for the National Trustee shall be three (3) years.  National

            Trustees shall be limited to two (2) consecutive terms of three (3) years each.

Section 3.  Elections

            The National Trustee shall be elected in accordance with rules of procedure

            established by the region and confirmed by the House of Delegates.  A simple

            majority of the CAGD Board of Directors shall determine the method of election

            from one of the following procedures:

A.  A majority vote of the delegates or their alternates present and voting at a

                  Regional caucus.  If the regional caucus is not held in conjunction with the

                  Annual Meeting, the time and location must be announced by the Regional

                  Director to all eligible delegates, alternate delegates and candidates at least

                  thirty (30) days in advance.

B.  By a majority vote of the individuals present and voting at a meeting

      announced by the Regional Director at least thirty (30) days

                  in advance.  The individuals entitled to vote at such a meeting would include

                  any duly elected delegate from the CAGD or his alternate delegate.

  • The National Trustee may be elected by a simple majority vote of those

serving on the CAGD Board of Directors.  Such a meeting can be held no more than one hundred twenty (120) days in advance of the Annual Meeting in which the National Trustee will take office and must be announced to the members of the Board at least thirty (30) days prior to the meeting.

Section 4.  Vacancy

            In the event of a vacancy of the National Trustee, the CAGD shall hold a special

            election by its delegates to determine the individual who shall serve the unexpired

            term.

Section 5.  Removal from Office

A.  Initiation of Removal Proceedings:

                  The CAGD may initiate proceedings to remove a National Trustee from

      office.  The CAGD may do so by a two-thirds (2/3) vote of the Board

      of Directors in a letter to the Regional Director signed by either the president

      or secretary of the CAGD with a copy to the AGD Secretary and the

      Trustee.

B.  Removal Proceedings:

                  A Trustee may be removed from office by a two-thirds (2/3) vote of delegates

      present and voting at any caucus meeting provided that thirty (30) days

      written notice by certified letter is given to each delegate and the Trustee

                  and that intention to remove the Trustee is made known to the delegates and

                  Trustee at the time of the meeting announcement.  Such vote may be taken by

                  a mail ballot to delegates provided that intention to conduct such poll has been

                  made known to the Trustee at least thirty (30) days prior to the mailing of the

                  ballot.  The delegates must respond within thirty (30) days from the date ballot

                  is sent.  If a mail ballot is used, then such mail ballot shall be supervised by                           the National Secretary.  Ballots will be mailed by each delegate directly to the                       AGD Secretary.

CHAPTER XII

COUNCILS AND COMMITTEES

Section 1.  COMPOSITION

            The President of the CAGD shall make, with the approval of the Board of

            Directors, all council and committee appointments.

CHAPTER XIII

FINANCES

Section 1.  FISCAL YEAR

            The fiscal year of the CAGD shall begin on January 1 of each calendar year and

            end on December 31.

Section 2.  GENERAL FUND

            The general fund shall consist of all monies received other than those specifically

            allocated to other funds by these Bylaws.  The funds shall be used for defraying

            all expenses incurred by the CAGD not otherwise provided for in these Bylaws. 

            The general fund may be divided into operating and reserve divisions at the

            direction of the Board of Directors

CHAPTER XIV

PRINCIPLES OF ETHICS

The Principles of Ethics of the CAGD shall be the Principles of Ethics of AGD.

The Code of Conduct of the CAGD shall be the Code of Conduct of the Academy of General Dentistry (AGD).

CHAPTER XV

GENERAL PROVISIONS

These Bylaws, either as presently drawn or amended, shall not be in conflict with the bylaws of the AGD.

Whenever an amendment is made to the Bylaws of the Academy of General Dentistry which renders a provision of these Bylaws inconsistent with the same, such provisions shall be deemed amended without requiring any further action of the CAGD.

CHAPTER XVI

COMPONENT OF THE CAGD

Section 1.  Name:

A component CAGD shall take its name, as designated by the constituent CAGD, from the section of the state, province, or geographical area from which it draws its members.

Section 2.  Organization:

A component AGD must be organized, as a separate legal entity, upon petition of twenty (20) percent or twenty-five (25) active members within the recognized geographical boundaries of the CAGD subject to the approval of the constituent provided such component shall not interfere with the geographical boundaries previously established by the constituent for another component.

Section 3.  Constitution and Bylaws:

Each component of the CAGD shall adopt and maintain a Constitution and Bylaws which shall not be in conflict with, nor limit, the Constitution and Bylaws of the CAGD, and shall maintain a current copy on file with both the constituent CAGD and the (AGD?) executive director.

Section 4.  Membership Requirements:

All general dentist members of the component must also hold membership in both the AGD and the CAGD.  If the CAGDallows non-AGD members to participate, those participants are to pay fees directly to the CAGD but are not eligible to hold office or receive membership benefits.

Section 5.  Student/Dental School AGD components

1.   Name:

A student or dental school AGD shall take its name, as designated by the CAGD, from the dental school from which it draws its members.

2.   Organization:

      A student or dental school AGD may be organized, as a separate legal entity, upon petition of twenty (20) percent or twenty-five (25) student members within the dental school

3.   Constitution and Bylaws:

Each student or dental school AGD shall adopt and maintain a Constitution and Bylaws which shall not be in conflict with, nor limit, the Constitution and Bylaws of the AGD, and shall maintain a current copy on file with both the CAGD and the AGD executive director.  Furthermore, each student or dental school AGD shall sign and adhere to a constituent affiliation agreement with AGD or of the CAGD of which it was located.

4.   Membership Requirements:

All student members of the student or dental school AGD must also hold membership in both the AGD and the appropriate constituent AGD. 

CHAPTER XVII

JUDICIAL PROCEDURES

Section 1.  Conduct Subject to Discipline: 

  1. A member may be disciplined by his or her constituent AGD for:
  1. Having his or her license to practice dentistry permanently revoked by the political jurisdiction in which he or she practices.  (Permanent revocation of a dentist’s license shall cause the member automatically to be suspended from the AGD.)
  • Violating the Bylaws or Principles of Ethics of the Academy of General Dentistry.

B.  A member may be disciplined by AGD for:

  1. Failure to cooperate and comply with reasonable requests for documents or information made by a committee during an investigation.
  • All remaining provisions of this chapter that are applicable to a constituent initiated disciplinary proceeding are also applicable to AGD initiated disciplinary proceedings.

Section 2.  Jurisdiction: 

Members who are not members of a particular constituent AGD may be disciplined by the Constitution and Bylaws and Judicial Procedures Council in accordance with the Board policy.  Otherwise, instigation of judicial proceedings shall be initiated by the member’s constituent AGD.  It shall be the duty of the Constitution and Bylaws and Judicial Procedures Council to hear appeals on censure, suspension of membership, or expulsion from a constituent AGD.  The constituent AGD’s and this council shall have the right to censure, suspend, or expel a member who is found to be in violation of the AGD’s Bylaws or Principles of Ethics.

Section 3.  Disciplinary Penalties:

A member may be placed under a sentence of censure or suspension, or may be expelled from the membership for any of the offenses enumerated in Section 1 of this chapter.  Suspension means that all membership privileges except continued entitlement to coverage under insurance programs are lost during the suspension period.  Suspension shall be unconditional and for a specified period, at the termination of which full membership privileges are automatically restored.  A subsequent violation shall require a new disciplinary procedure before additional discipline may be imposed.  Expulsion shall be an absolute discipline and shall not be imposed conditionally.

Section 4.  Disciplinary Proceedings:

Before a disciplinary penalty is invoked against a member, the following procedures shall be followed by the constituent AGD preferring the charges:

A.  Hearing: 

      The accused member shall be entitled to a hearing at which he or she shall be given the opportunity to present his or her defense to all charges brought against him or her.  A constituent shall permit the accused member to be represented by legal counsel.

B.  Notice: 

      The accused member shall be notified in writing of charges brought against him or her and of the time and place of the hearing, such notice to be sent by registered letter addressed to his or her last known address and mailed not less than twenty-one (21) days prior to the day set for the hearing.  An accused member, upon his or her request, shall be granted one (1) postponement for a period not to exceed thirty (30) days.

C.  Charges:

      The written charges shall include an official certified copy of the alleged conviction or determination of guilt, or a specification of the Bylaw or ethical provisions alleged to have been violated, as the case may be in a description of the conduct alleged to constitute each violation.

D.  Decision:

      Each decision which shall result in censure, probation, suspension, or expulsion shall be reduced to writing and shall specify the charges made against the member, the fact which substantiates any or all of the charges, the verdict rendered, the penalty imposed, and a notice shall be mailed to the accused member informing him or her of his or her right of appeal.  Within ten (10) days of the date on which the decision is rendered, a copy thereof shall be sent by registered mail to the last known address of each of the following parties:  the accused member, the secretary of the constituent AGD of which he or she is a member, the chairperson of the Constitution and Bylaws and Judicial Procedures Council of the AGD, and the executive director of the AGD

Section 5.  Appeals:

The accused member under sentence of censure, suspension, or expulsion shall have the right to appeal from such a decision of his or her constituent AGD by filing an appeal in affidavit form with the executive director of the AGD.  The executive director shall convey the affidavit to the chairperson of the AGD’s Constitution and Bylaws and Judicial Procedures Council.  An appeal from any decision shall not be valid unless notice of the appeal is filed within thirty (30) days and the supporting brief, if one is to be presented, is filed within forty-five (45) days after such decision has been rendered.  No decision shall become final while an appeal therefrom is pending or until the thirty (30) day period for filing notice of appeal has elapsed.  In the event of a sentence of expulsion with no notice of appeal received within the thirty (30) day period, the constituent AGD shall notify all parties of the failure of the accused member to file an appeal.  The sentence of expulsion shall take effect on the date the parties are notified.  The constituent AGD shall determine what portion of current dues, if any, shall be returned to the expelled member.  Dues paid to this AGD shall not be refundable in the event of expulsion.  The following procedure shall be used in processing appeals:

A.  Hearings on Appeal:

      The accused member of the AGD concerned shall be entitled to a hearing on an appeal, provided that such appeal is taken in accordance with and satisfies the requirement of Section 5 of this chapter.  A constituent AGD shall permit the accused member to be represented by legal counsel.  A party need not appear for his or her appeal to be heard by an appellate agency.

B.  Notice:

      The agency receiving an appeal shall notify the AGD concerned and the accused member of the time and place of the hearing, such notice to be sent by registered letter to the last known address of the parties to the appeal and mailed not less than thirty (30) days prior to the date set for the hearing.  Granting of continuances shall be the option of the agency hearing the appeal.

C.  Briefs:

      Every party to an appeal shall be entitled to submit a brief in support of its position.  The party initiating the appeal shall submit its brief to the chairperson of the AGD’s Constitution and Bylaws and Judicial Procedures Council within forty-five (45) days of the date upon which the decision appealed from was rendered.  The party initiating the appeal may elect to rely on the record or on an oral presentation and not file a brief.

D.  Recording of Disciplinary Proceedings:

      Upon notice of an appeal, the constituent which preferred charges shall furnish to the agency which has received the appeal and to the accused member a transcript or an officially certified copy of the minutes of the hearing accorded the accused member.  The transcript or minutes shall be accompanied by certified copies of any affidavits or other documents submitted as evidence to support the charges against the accused member or submitted by the accused member as part of his or her defense.  The accused member, at his or her own expense, shall be entitled to arrange for the services of a court reporter to transcribe the hearing.

E.   Appeals Jurisdiction:

      The agency to which a decision has been appealed shall be required to review the decision appealed from to determine whether the evidence before the constituent AGD which preferred charges against the accused member supports that decision or warrants the penalty imposed.  The appeal agency shall not be required to consider additional evidence unless there is a clear showing that either party to the appeal will be unreasonably harmed by failure to consider the additional evidence.

F.   Decision of Appeals:

      Every decision on appeal shall be reduced to writing and shall state clearly the conclusion of the appeal agency and the reasons for reaching that conclusion.  The appeal agency shall have the discretion:

1.   To uphold the decision of the constituent AGD which preferred charges against the accused member;

2.   To reverse the decision of the constituent AGD which preferred charges and thereby exonerate the accused member;

3.   To deny an appeal which fails to satisfy the requirement of Section 5 of this chapter;

4.   To refer the case back to the constituent AGD which preferred charges for a new proceeding if the rights of the accused member under all applicable Bylaws were not accorded to him or her;

5.   To uphold the decision of the constituent AGD which preferred charges against the accused member and reduce the penalty imposed.  Within ten (10) days of the date on which the decision on appeal is rendered, a copy thereof shall be sent by registered mail to the last known address of each of the following parties:  the accused member, the secretary of the constituent AGD of which he or she is a member, the chairperson of the AGD’s Council on Constitution and Bylaws and Judicial Procedures, and the executive director of the AGD.

CHAPTER XVIII

INDEMNIFICATION

Upon written application to the Board of Directors of CAGD for indemnification under the following conditions the Board of Directors will meet and confer and on unanimous approval by the Board grant indemnification to each officer, director, council member, committee member, employee and other agent of the CAGD, who was or is a party to any action suit or proceeding by reason of fact that he or she is or was an officer, director, council member, committee member, employee or other agent of the AGD shall be held harmless and indemnified against all costs, expenses, attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding, if such person acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the CAGD or AGD, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful, provided that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duty to the corporation, unless, and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances in the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court shall deem proper.  The indemnification provided by this chapter shall inure to the benefit of the heirs, executors, and administrators of such person entitled to the indemnification under this chapter.

Section 1.  Each officer, trustee, regional director, council member, committee member, task force member, employee, and other agent of the AGD, who was or is a party to any action suite or proceeding by reason of fact that he or she is or was an officer, trustee, regional director, council member, committee member, task force member, employee or agent of the AGD shall be held harmless and indemnified against all costs, expenses, attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding, if such person acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the AGD, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful, provided that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duty to the corporation, unless, and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances in the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court shall deem proper.  The indemnification provided by this chapter shall insure to the benefit of the heirs, executors, and administrators of such person entitled to the indemnification under this chapter.

CHAPTER XIX

AMENDMENTS

Section 1.

The bylaws may be amended by an affirmative vote of 2/3 of the assembly members present and voting at the Annual Meeting of the Assembly, provided that a copyof the proposed amendment has been sent to the members of the CAGD at least thirty (30) but not more than ninety (90) days before the meeting at which such action is proposed to be taken.

Section 2.

An active or emeritus member may propose amendments to the Bylaws by submitting them in writing to the Secretary at least sixty (60) days prior to the Annual Meeting.  The Secretary shall be responsible for seeing that all members of the CAGD are notified of the proposed amendments at least thirty (30) days prior to the Annual Meeting.

THESE BYLAWS OF THE CAGD WERE:

  • REVISED BY THE CAGD COUNCIL ON MARCH 11 – 12, 1995 AT COSTA MESA, CALIFORNIA.  REVISED AND ADDED TO ON JUNE 15, 1995.  REVISED AGAIN AT THE CAGD BOARD MEETING AT LA COSTA SEPTEMBER 24, 1995.  RATIFIED BY AFFIRMATIVE MAIL BALLOT BY GENERAL MEMBERSHIP OCTOBER 1995. 
  • REVISED AND ADDED TO ON DECEMBER 6, 2003, SAN DIEGO, CALIFORNIA. REVISED AND RATIFIED BY THE GENERAL MEMBERSHIP DECEMBER 5, 2004, CERRITOS, CALIFORNIA.
  • RATIFIED BY THE GENERAL MEMBERSHIP JANUARY 12, 2008, SANTA ANA, CALIFORNIA.
  • REVISED AND RATIFIED BY THE GENERAL MEMBERSHIP JANUARY 30, 2016, NEWPORT BEACH, CALIFORNIA.
  • REVISED BY AN ADHOC COMMITTEE ON JANUARY 12, 2020. APPROVED BY THE BOARD OF DIRECTORS ON SEPTEMBER 12, 2020. RATIFIED BY GENERAL MEMBERSHIP ON JANUARY 16, 2021.
  • REVISED BY AN ADHOC COMMITTEE ON SEPTEMBER 9, 2023, APPROVED BY THE BOARD OF DIRECTORS ON SEPTEMBER 13, 2023.

RESPECTFULLY SUBMITTED BY:

_____________________________________                      ________________

Evan Farr, DDS                                                                      Date

CAGD SECRETARY