Section 2: Special Committees…………………………………………………….………9
Article X Professional Conduct of Members and Right to Disciplinary Action …10
Article XI Professional Conduct Investigations and Disciplinary Action
Section 1: Examination by Board of Directors…………………………………...10
Section 2: Manner of Bringing Charges………………………………………….….10
Article XII Dues
Section 1: Active, Affiliate, Dual, Life, Honorary, and Retired…………….11
Section 6: Dues Increase……………………………………………………………….……11
Article XIII Authorization of Expenditures……………………………………………………………11
Article XIV Banking of Funds…………………………………………………………………………………11
Article XV Code of Conduct…………………………………………………………………………….……12
Article XVI Changes to the Bylaws
BYLAWS Component of the California Dental Association May 2012
NAME: The name of this Society shall be the Berkeley Dental Society, component of the California Dental Association.
PURPOSE: The purpose of the Berkeley Dental Society shall be to organize and unite dental practitioners in the cities of Berkeley, Albany, El Cerrito, and Kensington in order to both improve the health of the public and advance the art and science of dentistry as a functioning component of the California Dental Association.
SECTION 1: Classifications: Memberships in this Society shall be classified as Active, Life, Dual, Affiliate, Student, Honorary, and Retired.
SECTION 2: Active Membership: Admission to Active Memberships shall conform to Sections 8, 9, and 10 of this article and shall be limited to:
Dentists who are licensed to practice in California and whose principle place(s) of practice are in Berkeley, Albany, Kensington, or El Cerrito.
Dentists not licensed to practice in California, but who are teachers or research workers performing such functions in Berkeley, Albany, Kensington, or El Cerrito.
Dentists employed by governmental agencies whose residences or principal places of activity are in Berkeley, Albany, Kensington, or El Cerrito.
SECTION 3: Retention of Active Membership: This Society may retain on its roll of active members:
Dentists who have met their obligations as imposed through Article XII (Dues) of these Bylaws.
Dentists who are not under final suspension or expulsion pursuant to CDA action.
Dentists who become engaged in other than practice, teaching, or research, or employment as is designated in Section 2-C of this Article whose activities are adjudged by the Board of Directors as furthering the interests of the American Dental Association.
Dentists who have changed their places of practice to outside the Berkeley Dental Society area but within California, who request to retain primary active BDS membership may retain BDS active membership by submitting a letter of request, and a mutually signed agreement between the executive directors of the two components. These documents are forwarded to CDA as per CDA policy as further described in the CDA Membership Desk Reference Manual.
Dentists who temporarily discontinue active practice because of illness (CDA and ADA have protocols for dues waivers under certain circumstances) or for educational or other worthy purposes provided that the Board of Directors votes its approval at its first meeting of the calendar year following discontinuance of active membership. Dentists so approved for retention of active memberships will be subject to annual re-approval until returned to active practice
SECTION 4: Life Membership: Life membership shall be such active and retired members who have been in good standing in this Society for thirty consecutive years, or a total of 35 years, and having attained the age of 65.
Life Active members shall be assessed each year an amount equal to fifty percent of the annual Berkeley Dental Society dues. Life Active members shall have all the rights and privileges afforded to active members provided they maintain membership in the California Dental Association, except for the cost of dinner at General Membership meetings.
Life Retired members shall pay no annual Berkeley Dental Society dues. Life Retired members shall have all the rights and privileges afforded to active members, with the exception of holding office in this Society, provided they maintain membership in the California Dental Association, with the exception of the cost of dinner at General Membership meetings.
SECTION 5: Dual Membership: Dual membership shall be such active members whose primary component membership is with a CDA component other than the Berkeley Dental Society, but who may have an additional place of practice or their primary residence within the territorial jurisdiction of the Berkeley Dental Society. Dual members will pay the full amount of dues to the Berkeley Dental Society and be entitled to all rights and benefits of Active members, but may not hold concurrent elected office in more than one component at a time.
SECTION 6: Student Membership: Persons who attend dental schools and who are student members in good standing of the American Dental Association may be classified as student members of the Berkeley Dental Society. Student members as such are entitled to attend all meetings of this Society, but shall not be privileged to vote nor hold office or committee positions in this society.
SECTION 7: Affiliate Membership: Affiliate memberships shall be limited to persons ineligible for active memberships in the Society under parts (a) and (b) of Section 2 of this Article, who were or are approved as affiliate members by the Board of Directors, which Board shall further limit eligibility of affiliate memberships to:
Dentists practicing in areas outside the Berkeley Dental Society whom are members in good standing in their appropriate dental societies, and have their primary membership with another dental society.
Affiliate members shall have all the privileges of active members except the right to vote or hold office in this Society, and will not be allowed the use of the answering service. Candidates for affiliate membership shall be proposed to the Board of Directors.
If a person admitted to affiliate membership begins the practice of dentistry principally within the territorial jurisdiction of the Berkeley Dental Society, they shall forthwith cease to be an affiliate member and will be required to convert to either an active or dual member.
SECTION 8: Honorary Membership: Honorary membership shall be limited to persons not eligible to active membership in this Society who have made contributions of merit to the sciences and who have been unanimously approved for such membership by the Board of Directors, and who are subsequently elected to honorary membership by the members at an annual meeting.
SECTION 9: Retired Membership: Retired members shall be those members who have retired from the practice of dentistry which permitted their approval to active membership who now desire to be classified as retired members and who are approved for this classification by the Board of Directors. Retired members shall not be required to pay dues to this Society, and shall have the privileges of active members except the right to hold an office of this Society, with the exception of the cost of dinner at General Membership meetings.
Retired members who re-enter the practice of dentistry shall there-upon cease to be classified as retired members and may, upon approval by the Board of Directors, be returned to the active membership classification.
SECTION 10: Membership Application: Application for membership shall be in accordance with CDA policy. When the application is complete with all required documents submitted, the applicant shall be considered to be a member, and CDA will be notified. The applicant names will be published when the application is received, and the new member names will be published upon acceptance to the Society. If questions regarding the qualifications of an applicant exist, the application will be referred to the Membership Applicant Review Subcommittee of CDA, in accordance with CDA policy.
SECTION 11: Objections to Membership: Any member objecting to the approval of an applicant shall notify the Secretary. The Secretary shall transmit said objection to the Board of Directors.
SECTION 12: Resignations, Compulsory Drop, and Reinstatement: Resignations, compulsory drop from roll, and reinstatements shall be in accordance with the Bylaws of the California Dental Association and its accompanying Policy Documents.
SECTION 1: Officers of the Society: The officers of this Society shall be President, Immediate Past President, President-Elect, Secretary, Treasurer, and Editor. With the exception of the Treasurer and the Editor, each shall be elected for one year or until his or her successor shall have been installed. A candidate for the office of President-Elect or President shall have served for a period of at least one year upon the Board of Directors.
The position of Treasurer will cease to be in line of ascension toward the Presidency of the Berkeley Dental Society. The Treasurer will be nominated from a list of applicants by a majority vote of the Board of Directors. This nomination will be included with the remaining nominations for the Executive Committee and submitted to the general membership for approval.
The term of service for the Treasurer shall be two years. Consecutive terms will be allowed for the position of Treasurer at the discretion of a majority of the Berkeley Dental Society Board of Directors. All other functions of the Treasurer will remain unchanged.
The term of service for the Editor shall be two years, and consecutive terms will be allowed for the position of Editor, again at the discretion of a majority of the BDS Board of Directors.
SECTION 2: Constitution of the Board: The Board of Directors shall consist of the following:
The officers of the Society
The representative(s) of this Society to the Board of Trustees of the California Dental Association.
The Executive Director who shall be a non-voting member of the Board
SECTION 1: Election and Installation: The officers, directors, delegates, and alternates, shall be elected at the regular annual election meeting. The annual election meeting shall be held in accordance with the Bylaws of the California Dental Association. The election for trustee to the Board of the California Dental Association shall be held during the May general membership meeting prior to the expiration date of the current trustee’s term. The name of the elected
Trustee will be forwarded to CDA in order to comply with the California Dental Association’s requirement of notification by September 1.
SECTION 2: Nominations: The president shall, not less than ninety days prior to the annual election meeting, or the trustee election meeting, appoint a nominating committee whose duty it shall be to nominate:
A President-Elect, Secretary, Treasurer, and Editor.
Member to fill the expiring term of the Board of Trustees of California Dental Association, if applicable.
Three of the six Directors-at-Large
Delegates and Alternates to the House of Delegates of the California Dental Association.
SECTION 3: Further Nominations: Subject to the restrictions in Article IV, supra, any qualified member in good standing may be nominated for any position no later than 30 days prior to the election meeting of this Society.
SECTION 4: Nominating Committee Report: The Nominating Committee shall make its report to:
The President, who shall cause such report to be published thirty days prior to the election meeting of this Society.
The membership of the regular meetings prior to the election meeting.
SECTION 5: Election – Voting: In the event that more than one candidate is running for any office, the ballot shall be secret and the candidate receiving the highest number of votes for the office shall be declared elected. The secretary shall oversee the casting and counting of the ballots and no campaigning will be allowed for any candidate at the election meeting.
SECTION 6: Vacancy in the Presidency: In the event the President is unable to complete his or her term, the President-Elect shall assume the office of President.
SECTION 7: Term of Directors: There shall be six Directors-at-Large, each elected for a period of two years. Three Directors-at-Large are to be elected each year. A Director-at-Large shall be limited to three consecutive terms, not to include time served as an officer of this Society. A member who has served the maximum three terms shall be eligible to serve as a Director-at-Large again, following a six year hiatus.
SECTION 8: Term of Trustee of CDA: Representatives on the Board of Trustees of the California Dental Association shall be elected for a period of three years in accordance with the Constitution and Bylaws of the California Dental Association. A trustee is limited to two terms of three years each.
SECTION 9: Term of Delegates and Alternates: Delegates and alternates to the House of Delegates of the California Dental Association shall be elected for a period of one year.
SECTION 10: Installation of Officers: The newly elected officers shall be installed in November. A new trustee to the Board of Trustees of CDA is installed at the Trustees meeting immediately following the House of Delegates meeting in November. All BDS officers shall assume their duties January 1st of the year following their election.
SECTION 11: Uncompleted Term: The Board of Directors shall, by a majority vote, elect a qualified member in good standing to finish an unexpired term of any elective office except the office of President. A president-elect nominee must have completed one year on the Board of Directors
Duties of the Officers
DUTIES OF THE OFFICERS: The duties of the officers shall be as stated in the Policy Document of the Berkeley Dental Society.
SECTION 1: Parliamentary Procedure: BDS meetings will be conducted in accordance with the most recent edition of The Standard Code of Parliamentary Procedures Rules of Order.
SECTION 2: Dates of Meetings: Regular membership meetings shall be held a minimum of six per year, or at such times as the Board of Directors may direct.
SECTION 3: Business of the Society: Business of the Society may be transacted at any regular membership meeting provided a quorum of at least twenty percent of the voting members in good standing is present.
SECTION 4: Special Meetings: A special meeting must be called by the President if requested in writing by twenty members in good standing. Business of the Society may be transacted at any special meeting provided a quorum of at least twenty percent of the active members in good standing is present.
The Board of Directors
SECTION 1: Duties: The Board of Directors shall transact routine business of the Society.
SECTION 2: Applicants for Membership: Application and acceptance for membership will be in keeping with CDA membership policy as stated in the CDA Membership Desk Reference Manual. The Board of Directors shall examine the qualifications of all applicants for membership and shall approve such applicants in accordance with Article III, Section 10.
SECTION 3: Additional Duties: Any additional duties of the Board of Directors shall be as stated in the policy document.
SECTION 4: Quorum: Seven members of the Board of Directors shall constitute a quorum for the transaction of business.
SECTION 5: Policy Document Changes: The Policy Document of the Board of Directors of the Berkeley Dental Society is subject to change by two-thirds vote of the Board of Directors of the Berkeley Dental Society.
Section 1: Standing Committees: The Standing Committees of the Berkeley Dental Society shall be:
Community Health Committee
Continuing Education Committee (will be chaired by the President-elect)
Editorial Committee (will be chaired by the Editor)
Ethics and Judicial Committee
Executive Committee (President, Immediate Past-President, President-Elect, Treasurer, Secretary and Editor)
Finance Committee (will be chaired by the Treasurer)
Well-Being Committee (will be chaired by the President or a chair appointed by the President)
SECTION 2: Special Committees: The President during his or her term of office may appoint, subject to the approval of the Board of Directors, any special committees or ad hoc committees he or she deems necessary and advisable.
Professional Conduct of Members and Right to Disciplinary Action
The professional conduct of members in all membership classifications shall be governed by the Berkeley Dental Society (BDS) and California Dental Association (CDA) Bylaws, the BDS Code of Conduct, the Principles of Ethics and Code of Professional Conduct of the American Dental Association (ADA), and the CDA Code of Ethics. The Berkeley Dental Society reserves the right to refer members to the CDA Judicial Council for disciplinary action for (1) having been found guilty of a felony, (2) having been found guilty of violating the Dental Practice Act of the State of California, or (3) violating the CDA Bylaws or CDA Code of Ethics, the Principles of Ethics and Code of Professional Conduct of the American Dental Association (ADA), or the Code of Conduct or Bylaws of the Berkeley Dental Society. Disciplinary actions can include: Reprimand, probation, censure, suspension or expulsion.
Professional Conduct Investigations and Disciplinary Action
SECTION 1: Professional Conduct Investigation Procedures: Alleged violations of the ethical codes or professional conduct may be sent to the BDS Ethics Committee by patients, dentists, the California Dental Association, the Dental Board of California, or any other organization or person inclined to file a complaint against a BDS member dentist. Complaints may also be initiated by the BDS Ethics Committee itself. Upon receipt of a written complaint, the BDS Ethics Committee will evaluate the complaint to determine if it falls under the purview of the BDS Ethics Committee in investigating Code of Ethics complaints. If informal remediation is unsuccessful or unsatisfactory to either party, and the complaint is found to be within the purview of the BDS Ethics Committee, the case will be investigated by the Committee following the guidelines set forth in the CDA Ethics Handbook.
SECTION 2: Professional Conduct Investigation Outcomes: Following a thorough investigation of a complaint, a decision must be made by the BDS Ethics Committee and both parties will be notified of that decision. If the BDS Ethics Committee believes a possible ethics violation may have occurred, the Committee will attempt to educate the accused member. If the accused member refuses to cooperate with the Committee’s investigation, or the Committee’s attempts to educate the accused member are not accepted or are unsuccessful, or if the accused member has a history of previous ethics violations, or the Committee feels it is imprudent or would be a conflict of interest to meet with the accused, the matter may be reported to the CDA Judicial Council for disciplinary action as outlined in the CDA Bylaws. The CDA Judicial Council may proceed with an investigation of its own if the Council finds that the evidence warrants such action. Appeals to Professional Conduct Investigation findings and recommendations shall be conducted in accordance with the Bylaws, procedures and protocols of the California Dental Association, and the American Dental Association.
SECTION 1: Active, Affiliate, Dual, Life, Honorary, and Retired: The dues for active members shall be fixed by the Board of Directors with the approval of a majority vote of the members at a regular membership meeting. Honorary and Retired members shall be exempt from the payment of dues of this Society.
SECTION 2: Payable: The annual dues, together with the dues of the California Dental Association and the American Dental Association are due and payable the first day of January and become delinquent March 31. No delinquent member shall be allowed the privileges of the Society.
SECTION 3: Recent Graduates and Students: The Board of Directors may waive the dues of recent graduates for a period of not more than one calendar year after graduation of the applicant. Student members shall be exempt from the payment of dues.
SECTON 4: Remission of Dues: In the event of illness or other extenuating circumstances, the Society dues of an active member may be waived for any year by a two-thirds vote of the Board of Directors.
SECTION 5: Non-Payment: Any member whose dues have not been paid by the delinquency date established by the House of Delegates of the California Dental Association shall cease to be a member of this Society.
SECTION 6: Dues Increase: By a majority vote of the Berkeley Dental Society Board of Directors, the Board may in any given year, without a general membership vote, increase the dues of the Berkeley Dental Society up to the Bay Area Consumer Price Index. Any dues increase above this index must be approved by the general membership by a simple majority vote provided a quorum is present.
Authorization of Expenditures
AUTHORIZATION: The Board of Directors must authorize all expenditures over five hundred dollars. The Treasurer may authorize expenditures up to the amount of five hundred dollars.
Banking of Funds
BANKING OF FUNDS: The funds of this Society shall be kept in the name of the Berkeley Dental Society, in a bank or banks designated by the Board of Directors. Funds shall be withdrawn only by authorized check, signed by the Treasurer, President, or President-Elect, or other Board member designee.
Code of Ethics
CODE OF ETHICS: The members of this Society shall be governed by the BDS Code of Conduct and Disclosure Statement, and by the Code of Ethics of both the American Dental Association and the California Dental Association.
Changes to Bylaws
SECTION 1: Amendments: These Bylaws may be repealed or amended or new Bylaws may be adopted at any meeting of the Society at which a quorum is present by an affirmative vote of two-thirds of the members present, provided that all members have been given notice of at least thirty days that such action is contemplated.
SECTION 2: Abrogation: All Bylaws heretofore in force are hereby abrogated, and these Bylaws are the sole Bylaws of this Society.
SECTION 3: Conflict: Should any portion of these Bylaws be found to be in conflict with the Constitution or Bylaws of the California Dental Association, that portion shall become inoperative, but the rest of this document shall continue to be in force.
SECTION 4: Copies: The master copy of these Bylaws shall be kept in the possession of the Secretary. He or she shall promptly and accurately make any lawfully voted amendments to his or her copy and shall cause copies of such amendments to be available to all members.