Members of the American Society for Nondestructive Testing,

We understand that an email has been sent to an unknown number of ASNT members regarding the current election process. We believe the email contains inaccurate or misleading allegations regarding the actions of ASNT’s Board of Directors and the Society’s Officers and Directors. We have confirmed that all actions were conducted by the Board and the Selection Committee as specified in the Bylaws. The ASNT Executive Committee has prepared this message to correct the misinformation. Nonetheless, we respect the right of members to conduct legitimate write-in campaigns.

First, you should be advised that there is no longer an ASNT Constitution since the implementation of the new Bylaws on January 1, 2006 in compliance with the Ohio Revised Code (ORC). Under the ORC, the hierarchy of governing Society documents is first the Articles of Incorporation, then the Bylaws. The Bylaws specify in Article III, Section 1 that the Board shall act in accordance with the Bylaws of the Society and that the Board may authorize policies in support of the Society’s purpose and Bylaws. Please note that the Board is not authorized to act other than in accordance with the Bylaws. Accordingly, if the Board perceives that there is an apparent conflict between the Bylaws and a Board policy, the Board is obligated to follow the Bylaws rather than the conflicting portion of its own policy.

The Bylaws address this in Article III, Section 2 where it states: “An individual may be nominated to serve for more than one (1) consecutive term as a Director at Large only if there are not enough qualified candidates to fill the available positions.” Since there were only three candidates, there were not sufficient candidates to fill the available positions; and, in accordance with the cited requirement in the Bylaws, the current Director at Large was permitted to be nominated.

The call for Directors at Large is widely publicized every year in the required timely manner. Furthermore, the email alleges there is an established past practice of extending the application period; however, there has actually been no precedent for such an action when the quantity of required applicants was met by the deadline.

It is important for the members to understand that the Society’s Board of Directors always acts in accordance with the Bylaws. We understand that not every one of ASNT’s members will agree with every action taken by the Board. We also want to support the election process by ensuring that our members have the best information available. And, we fully respect the rights of ASNT members to express their viewpoint concerning the decisions made by the Board.

From the ASNT Executive Committee, Acting on behalf of ASNT’s Board of Directors

 

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