By-laws

Article I. Definition of Officers

1. Definition of "Officer": Members of the Executive Committee, Council Auditors, Group Chairs and Secretaries, Members of the School, National Delegates, the Editors and associate Editors of ERS publications, the Website Committee, the Chair of the Tobacco Control Committee, the Environmental and Health Committee and the members of the Long Range Planning Committees.
   
   
2. Definition of "Senior Officer": Members of the Steering Committee.
   
   
3. An Officer must be a Full or Affiliate member of the Society while in office.
   
   
4. No member may hold more than one ERS office at the same time. In the event of a member holding an office at the time of election to another office, s/he must resign the office held.
   
   
5. All Officers (other than National Delegates based outside Europe, Group Chairs and Secretaries, members of Long Range Planning Committees, associate Editors and web Coordinators in the Website Committee) must be European-based while in office.
   
   
6. A member may stand for election to a Europe-based office, while based outside Europe, but, if elected, he or she must be based in Europe while in office, and if not, must resign.
   
   
7. For the purpose of these articles, Europe is as defined by the WHO
   
   
8. Candidates are not eligible if they have received a grant at any time after 1.1.07 from the tobacco industry (or institutions funded by the tobacco industry) for any project or programme. By grant is meant any support whether in cash or kind, and to include (e.g.) equipment, facilities, consumables, travel, personnel.

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Article II. Membership

1. Applications for membership shall be sent to the ERS Office, accompanied by payment of the appropriate membership fee. Membership becomes effective on confirmation by the ERS office and dispatch of the Membership Card.
   
   
2. An annual invitation to renew membership will be sent to all members. If, following two reminders, the member has not paid the annual fee, a notice of termination of membership will be sent. Publications will cease to be sent and access to the Members section of the Web site will be cancelled.

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Article III. Assembly and Group Elections - Eligibility

1. Members of the following groups are eligible to be elected as Head or Secretary of a Scientific Assembly:
   - Past and present officers of Scientific Assemblies or Sections
   - Past and present Members of the following ERS Committees:
   • ERS Standing Committees,
   • Council,
   • ERS School members,
   • Long Range Planning Committees (voting members),
   • Web Committee
   • Council Auditors
   
   
2. Any voting member in the Assembly or Section can run as Head or Secretary if there are no candidates among the officers.
   
   
3. The Head of each Scientific Assembly or Section will be assisted by the other Officers and/or members of the Scientific Assembly or Section. A Head cannot be elected Secretary once he/she has served as Head.
   
   
4. Provision will be made for replacement when an Assembly or Group Officer is elected to a higher office.

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Article IV. National Delegate, Assembly and Group Elections

1. The ERS Office will issue a Call for Candidates. National Societies will be invited to propose candidates for National Delegate. Candidates for office must provide a statement of intent and a photograph. A single reminder will be sent 14 days after receipt of the Candidate's confirmation of willingness to stand for election. If the required information is not received within 14 days of the reminder, the candidate will be placed on the ballot sheet without information and with the comment: "Statement/photograph not provided."
   
   
2. After nominations, election will be by ballot. In principle, all elections will be completed by 31 March each year.
   
   
3. In the case of a tied election, the successful candidate will be the one with the longest continuous membership in the Society.

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Article V. Executive Committee

1. The members of the Executive Committee carry out their duties on behalf of the Society on a voluntary basis, and are only entitled to refund of documented expenses incurred during the conduct of these duties.
   
   
2. Unless exceptional events occur, all members of the Executive Committee are under an obligation to serve out the full period of their mandate. They are not eligible to run for any other office until the final year of their mandate.
   
   
3. The Executive Committee shall make decisions by majority vote; fifty one percent of the members shall constitute a quorum.
   
   
4. Assembly Secretaries shall attend meetings of the Executive Committee when the Assembly Head is unable to, substituting for the Assembly Head with full voting rights.
   
   
5. Where Scientific Assemblies are represented on a committee, if an Assembly Head cannot attend, the Head of the next Assembly, in numerical rotation, will attend in his/her place.
   
   
6. Where repeated attempts to contact an Officer have failed or when an officer has not attended two successive meetings of the Executive Committee, or other official committees, without notifying the office or without major reasons, the Executive Committee can take steps to replace the Officer concerned.
   
   
7. Any officer can be removed from office by a vote of no confidence by the Executive Committee, following formal written request signed by at least 51% of the members of the Executive Committee. Confirmation of the removal from office requires a vote in favour of at least two thirds of all the members of the Executive Committee.
   
   
8. An officer who is discovered to have a criminal record or who has been shown to have been involved in scientific or commercial fraud or falsification can be removed from office by at least two thirds of all the members of the Executive Committee. He or she has the right to appeal to the Council.

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Article VI. Emergency Procedures

In the case of long-term incapacity or the death of one of the members of the Executive Committee, the following rules will apply:

1. President: The President-Elect will immediately become President and the procedures for an emergency election followed, as set out below. When replacing the President, the President-Elect will serve out the remainder of the President's term of office followed by his/her own normal term as President.
   
   

2. Secretary-General, Treasurer, Chair of the Scientific Committee, Chair of the ERS School: The Officer-Elect will immediately replace the corresponding office holder, will serve out the remainder of the term of office of the person they replace, plus the whole of their own term of office. If the Officers-elect have not yet been elected, the procedures for an emergency election should be followed.
   
   

3. Editor(s) of the ERJ, Monograph: the procedures for an emergency election should be followed.
   
   

4. Emergency election procedures: The Nomination Committee will be reconvened and will submit three names to the next meeting of the Executive Committee, in accordance with By-law VI, Nomination Procedures. The name of the person elected will be immediately submitted to the Council for approval by ballot and, if approved by the Council, the person elected will assume office immediately.
   
   

5. Head of Assembly: The Secretary of the Assembly will act as Head. An election will be organised and the new Head of Assembly will take office immediately on completion of the election. If the new Head of Assembly was the previous Assembly Secretary, an election will be organised and the new Assembly Secretary will take office immediately on completion of the election.

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Article VII. Standing Committees / Duties

1. Nomination Committee. The Nomination Committee is responsible for considering, seeking the agreement of, and presenting to the Executive Committee, candidates for office as defined in Article VIII of these Bylaws. The Committee shall be composed of:
   • The two most recent Past Presidents, plus the current Past President who will chair the Committee
   • The Secretary General
   • The immediate past Chairs of the School and the Scientific Committee; the preceding chairs if the former are in the Presidential cycle.
     
     
2. Scientific Committee. The function of the Scientific Committee is to contribute to the advancement of Science in Respiratory Medicine, for example by means of: Fellowships, Research Seminars, Lung Science Conference and Task Forces. The Scientific Committee shall be composed of:
   • The Chair, who will also chair the Programme Committee
   • Heads of Scientific Assemblies
   • The ERS Treasurer
   • The Guidelines Director
   • The Chair-Elect of the Scientific Committee, the ERS School Chair, the Editor(s) of the ERJ, the ERS Executive Manager and Section Chairs are observers ex-officio.
     
     
3. Congress Committee. The Congress Committee is responsible for the practical organisation, fund-raising, etc. of the Annual Congress, but not for its scientific organisation. The Executive Committee controls the administrative and financial activities of the Congress Committee. The Congress Committee shall be composed of:
   • The Chair and Co-Chair of the current congress
   • The President of the Society
   • The Secretary General
   • The Treasurer
   • The former Chair of the Congress Committee
   • The Chair and Co-Chair of the subsequent congress
   • The Chair of the Scientific Committee
   • The Chairman-elect of the Scientific Committee, as an observer
   • The ERS Executive Manager is an observer ex-officio
     
     
4. Programme Committee. The function of the Programme Committee is to organise the scientific programme of the annual congress. The committee shall be composed of:
   • The Chair of the Scientific Committee
   • The Chair and Co-Chair of the current congress
   • The Heads of the Scientific Assemblies
   • The Treasurer
   • The Chair-Elect of the Scientific Committee, the ERS School Chair, the Editor(s) of the ERJ and the ERS Executive Manager are observers ex-officio
   • Officers of the Scientific Groups shall be involved in the scientific organisation and the selection process of the Annual Congress.
     
     
5. Steering Committee. The function of the Steering Committee is to prepare the agenda of the Executive Committee and has no decision-making powers. The Steering Committee shall be composed of the holders of Special Offices, as defined in Article X of the Constitution, the Chair of the Scientific Committee and the Chair of the ERS School.
   The ERS Executive Manager is an observer ex-officio.
   
   
6. Board of Directors of European Respiratory Society Journals Limited: The ERS Journals Ltd Board of Directors controls the practical and especially financial management of the Society's journal(s). It shall be chaired by the Treasurer, who reports at least once a year to the Executive Committee. The Board of Directors shall be composed of:
   • The Treasurer
   • The Secretary General
   • The Chair of the Publications Committee 
   • A non-Executive Director, as required
   • The ERS Executive Manager is an observer ex-officio.
     
     
7. UK Charity Trustees: The UK Charity Trustees are the members of the European Respiratory Society (UK) Limited, a Company Limited by Guarantee and not having a Share Capital, which owns all the shares of the European Respiratory Society Journals Limited. The UK Charity Trustees are composed of the Secretary General, the Treasurer and a British member of the Executive Committee, appointed by the Executive Committee. If there are no British members of the Executive Committee, the Executive Committee may appoint a person of British nationality with close links to the Society.
   
   
8. Publications Committee: The functions of the Publications Committee shall be to coordinate aims, targets, and overall scope of ERS publications in different fields and in different media: paper and electronic journals, newsletter, internet and website contents, CD ROMs, etc. The Publications Committee shall be composed of the Editor(s)-in-Chief of the ERJ, the Editor of the Monograph, the Editor of the European Respiratory Review, the Director of Breathe, the Website Editor, the Guidelines Director. The ERS Executive Manager shall be an observer ex-officio. The Past President of the Society shall chair the Publications Committee, the President shall be a member, and the President Elect will be an observer.
   
   
9. Website Committee: The function of the Website Committee is to promote the ERS mission by improving and accelerating communication among its members. All aspects of ERS activities shall be integrated in the website. The Committee will be composed of the Website Editor, proposed by the Nomination Committee and appointed by the Executive Committee; the ERJ Chief Editor(s), the Learning Resources Director, the ELF Chair and one representative elected from each of the ten ERS Assemblies (website co-ordinators). The Website Editor and the Assembly representatives have three year mandates which are non-renewable. The Website Editor is a member of the Publications Committee and an observer on the Executive Committee.
   
   
10. Membership Committee: The function of the Membership Committee is to examine all aspects of membership of the Society including recruitment of new members, retention of members, membership benefits, recruitment drives and special offers, and types of membership. The Committee will consider the needs of underprivileged areas of the world, and how the ERS might respond to these. The Membership Committee shall be chaired by the Secretary General and composed of the President-Elect, the Treasurer, one Member-at-Large and three National Delegates, chosen by the Executive Committee.
    
    
11. Tobacco Control Committee: The function of the Committee is to co-ordinate the activities of the ERS in relation to tobacco control. The Committee will be composed of the Chair, proposed by the Nomination Committee and appointed by the Executive Committee; the Chair of Group 6.3, the Head of Assembly 6, a member appointed by the ELF, a member nominated by the School, two ERS members with expertise in tobacco control, appointed by the Executive Committee from the general membership, and the European Secretary. All posts have three year mandates and are non-renewable. The Chair of the Tobacco Control Committee will be an observer on the Executive Committee and a full member of the Advocacy Committee. The Head of the Brussels office is an observer on the TCC ex-officio.
    
    
12. Advocacy Committee: The function of the Committee will be to promote awareness of respiratory disorders as major health issues at the European Union and other international health agencies. The Committee will work to increase resources to manage patient and respiratory health problems, resources to research respiratory-related disorders, resources for professional education in respiratory health. It will link with European National Societies and other European Societies and organisations to promote awareness and resources for respiratory disorders. The Committee will be composed of the President, the Past President, the President Elect, the Secretary General, the Chair of the Scientific Committee, the Chair of the European Lung Foundation, the Chair of the Tobacco Control Committee the Executive Committee Member-at-Large from Eastern Europe and the European Secretary. The President will chair the Committee.
    
    
13. Ethics Committee: The function of the Ethics Committee is to advise the ERS on all matters pertaining to the ethical aspects and implications of the ERS statutes and its scientific, educational and advocacy activities (for example conflicts of interest, relationships between ERS members and external organisations). The Committee will work on referrals from any member, officer, standing committee or member of staff via the Secretary General. It will meet ad hoc but at least once a year and report, in writing, to the Executive Committee. The Chair will not be an ERS member, but an expert in medical ethics, invited to stand, and appointed by the Executive Committee. The other members of the Committee will be a patient representative, elected from three names proposed by patient associations, e.g. EFA; a previous senior officer of the ERS invited by the Nomination Committee and appointed by the Executive Committee; one ERS member with research ethics experience - proposed by the Nomination Committee and elected by the Executive Committee; a lawyer (expert in civil or international law) by invitation and appointed by the Executive. All posts are honorary, have three year mandates and are non-renewable, except for the Chair and lawyer, which are renewable once. The ERS Secretary General is an observer ex-officio.
    
    
14. Duties of the Council Auditors: Two Auditors are elected by the Council to check the report of the Treasurer, oversee the overall financial management of the Executive Committee, report to the Council on the financial management of the Society, recommend approval or rejection of the Society's annual accounts and financial report, make recommendations on the future financial policies of the Society.
    To achieve this, the Council Auditors will meet once a year with the External Auditors, the Treasurer, the Executive and Finance Managers to discuss the financial statements and the External Auditors' report on the Society's financial accounts, meet as necessary with the Treasurer, Executive Manager and Financial Manager of the Society, have access to the Society's financial accounts, minutes of the meetings of the Executive Committee, and other documentation as may be necessary for the them to accomplish their tasks.
    
    
15. Environment and Health Committee: The functions of the Environment and Health Committee are to advise the ERS in all matters pertaining to the impact of environmental factors on respiratory health; to provide respiratory medicine and occupational medicine clinicians and researchers, environmental health researchers, epidemiologists and toxicologists with the information needed for improving the prevention and management of environment related respiratory disease; to contribute to improvement in respiratory health in Europe an elsewhere by the provision of information to policy making agents and the public.
    It should consist of six experts to be approved by the Executive Committee; and the European Secretary. The Chair is to be proposed by the Nomination Committee and appointed by the Executive Committee. Other members to be co-opted as needed. Mandate three years non-renewable (Chair) and renewable once (members). A member of the Brussels ERS office and a member of the ELF are observers.

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Article VIII. Nomination Procedures

1. The Nomination Committee will present to the Executive Committee three candidates, or a minimum of two candidates, without ranking them in any order, for election to the following offices:
   • Vice-President
   • Secretary General-Elect
   • Treasurer-Elect
   • Chair of the Scientific Committee-Elect
   • Chair of the ERS School-Elect
   • Guidelines Director Elect
   • European Secretary Elect
   • Members at Large
   • Council Auditors
   Exceptionally, if, in the opinion of the Nomination Committee and the Executive Committee no other suitable candidate can be found, a single candidate can be presented for the post of Guidelines Director Elect or European Secretary Elect.
   
   Editor(s) in chief of the ERJ: an Advisory Committee chaired by the Past President is appointed by the Executive Committee. It reviews CVs, statements and interviews candidates and makes recommendation(s) to the Nomination Committee in order of preference. The Nomination Committee presents its recommendations to the Executive Committee, which in turn recommends name(s) to the Council in order of preference. (The composition of the advisory committee is set out in a working practice directive May 2006, approved by the Executive Committee).
   
   
2. The Nomination Committee must present its nominees to the Executive Committee for approval at least 3 months before the Congress. The Executive Committee will forward the approved names, without ranking them in any order, to the Council, which will have the final vote. If the Executive Committee does not agree with any of the names proposed, the Nomination Committee will be asked to produce further name(s), if possible before the Pre-Congress Executive Committee meeting. If no candidate receives more than fifty per cent of the votes cast, the candidate with the least votes will be eliminated and the election will be repeated. If the second vote should result in a tie, the President will have the casting vote, in addition to a deliberative vote.
   
   
3. The Council must vote, by secret ballot, on the names proposed by the Executive Committee and cannot accept other names proposed from the floor. If the Council does not accept any of the names proposed by the Executive Committee, new names must be proposed within two months and the final decision made by Extraordinary Council. The vote may be taken by ballot. If necessary, the officer in the concerned position will remain in office until new elections have taken place.

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Article IX. Conflict of Interest

1. All candidates standing for election to the Executive Committee must complete and send the Disclosure of Interest Form (DoI) to the ERS Office prior to the election.
   
   
2. Candidates are not eligible if they are a full or part-time employee or are, or have been, a permanent or substantively paid retained consultant of industry during the preceding five years.
   
   
3. ERS Officers holding other positions must complete and return the DoI when requested.
   
   
4. Chairs of Task Forces must complete and return the DoI prior to appointment. Members of Task Forces must complete the DoI on appointment.
   
   
5. The DoI must be updated yearly. The Secretary General will make sure the update has been conducted, reporting to the Executive Committee. He/she will report failure to update disclosure to the Disclosure Report Committee.
   
   
6. Failure to comply with the Rules of Disclosure will be examined by the Disclosure Report Committee.
   
   
7. Officers who do not file an annual Declaration of Interest, after they have been asked twice to do so can be removed from office with the agreement of at least two thirds of all the members of the Executive Committee. They will have the right to appeal to the Council.
   
   
8. Any officer or member representing the ERS at a meeting or similar may not accept a travel grant from a commercial source in order to attend that event. The society will provide reimbursement for this purpose.
   
   
9. Steering Committee members, and the Editor(s) in Chief of the ERJ may not be involved as speaker or chair in the evening symposia at the Annual Congress.

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Article X. Disclosure Report Committee

1. The Committee shall be composed of the Secretary General, the Treasurer, and two Heads of Assembly, rotating on an annual basis.
   
   
2. The Committee shall meet when requested to do so by the Secretary General, or when a breach of disclosure has been reported.
   
   
3. The Committee reports to the Executive Committee and may make suggestions concerning disclosure procedures and related matters.
   
   
4. The Executive Committee will vote on the actions recommended by the committee.
   
   
5. Any person found to have a conflict of interest may appeal to the Council if they consider the finding unjustified.

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Article XI. Long Range Planning Committees

1. Each Assembly should create a Long Range Planning Committee (LPRC) with the objective of providing highly effective strategic development and to assist the current Assembly Heads in:
   • Member recruitment.
   • Nominations for election.
   • Proposal of task forces.
   • Overseeing the development of other related associations.
   • Management of the Assembly Awards Programme.
   • Any long-term activity of the Scientific Assembly that extends clearly beyond the term of one Head and Secretary.
   • Acting as the liaison body of the Scientific Assembly, in coordination and cooperation with the Assembly officers, to bodies external to ERS (societies, groups and individuals).
     
     
2. LRPCs are consulting bodies and have no powers except those delegated by the Assembly Heads as agreed by the Executive Committee.
   
   
3. LRPCs will be composed of:
   Voting members:
   • Chair: Elected from the Assembly membership for term of 3 years, non-renewable, at the Assembly Business Meetings. The Head of the Assembly is not eligible to be the Chair of the LRPC.
   • Head of Assembly: For the duration of his/her mandate
   • Immediate Past Head of Assembly: For his/her entire term
   • Assembly Secretary: For the duration of his/her mandate
   • Two additional members elected by the Assembly at the annual business meeting for a term of 3 years non-renewable.
     
   Non-voting members: Additional members to be co-opted onto the LRPC for specific tasks without voting rights. Their mandate will be 3 years, non renewable.
   
   
4. LRPCs should meet at ERS Annual Congress. Any other meeting of the LRPC should not incur any cost to the ERS and should follow ERS rules for sponsoring.
   
   
5. The LRPC Chairman reports to:
   • The Executive Committee, via the Assembly head
   • The Office, via the Scientific Department for:
     • Recording all new nominations
     • Reporting information on activities (especially the Awards Programme)
     • Scheduling formal meetings at ERS congress, i.e. booking rooms (convening LRPC members and drafting the agenda is the LRPC chairman's responsibility)

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Article XII. Annual Congress Chair and Co-Chair

1. The President will present the Steering Committee's recommendations for the Chair and Co-Chair of the Annual Congress, for approval by the Executive Committee, two years prior to the Congress. If the names are not approved, new names will be presented.
   
   
2. Both the Congress Chair and the Co-Chair should normally be from the host country.
   
   
3. The Congress Chair chairs the Congress Committee. The Congress Chair and Co-Chair are members of the Programme Committee. They may suggest topics of interest and speakers to the Programme Committee, as regular members, and these proposals shall follow the normal rules for approval.
   
   
4. They are responsible for relations with local authorities in a liaison capacity, bring proposals to the Congress Committee for the social programme, make sure that ERS rules are followed in relation to the budget and organisation of the Congress, and assist with press relations and press coverage of the Congress.

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Article XIII. European Respiratory Society School

1. The ERS School shall promote and support training and continuous medical education in respiratory medicine in Europe and in other countries if requested.
   
   
2. The ERS School shall be composed of:
   • The Chair of the ERS School
   • The Director of PG Courses
   • The Director of External Activities
   • The Director of Learning Resources
   • The Director of Breathe
   • The Treasurer
   • The Scientific Assembly and Section Secretaries
   • External members
   • The Chair-Elect of the ERS School, the Scientific Committee Chair, the Chair of the ELF and the ERS Executive Manager are observers ex-officio.
     
3. Chair. The Council elects the Chair of the School as set out in Article VIII of these By-laws. The Chair-Elect, or any member of the School, can deputise for the Chair when required.
   
   
4. The School Steering Committee: The Steering Committee is composed of the Chair, Chair-Elect, and the Directors. The Steering Committee should, between the regular meetings of the School, make sure that the decisions taken by the School are correctly implemented. The Steering Committee is in charge of preparing the agenda of the School meetings.
   
   
5. Assembly/Section Secretaries are full members of the School. If a Secretary is unable to attend a meeting, he/she can designate another officer of the same Assembly to replace him/her, with notification to the Assembly Head.
   
   
6. External Members are elected by the Executive Committee on proposal of the School. The mandate is three years, non-renewable, starting at the ERS General Assembly of the current year. For each nomination, the School should consider at least three candidates. If an external member is unable to attend a meeting, he/she cannot be replaced.
   
   
7. Observers: The Chair of the School may appoint other observers to attend specific meetings.
   
   
8. Voting Rights: All active present members of the School have voting rights. The Chair will have the casting vote in the event of a split decision.
   
   
9. Committees within the School: Specific Committees may be created within the School by the Executive Committee, on proposal of the School, to implement its various activities. The PG Course Committee, the External Activities Committee, and the Learning Resources Committee are standing committees of the School.
   
   
10. Directors: School Directors are elected by the Executive Committee on recommendation of the School and are responsible for specific activities of the School. The mandate is three years non-renewable.
    
    
11. Budget: The budget will be proposed by the School and submitted for approval by the Executive Committee
    
    
12. Quality Assessment: all material produced and activities organised by the School should fulfil the requirements of European accreditation boards, EBAP, or other relevant accreditation organisations. Published and web-based material should be peer-reviewed and evaluated, both for its scientific quality and educational merit.

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