7 - September - 2010
 
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Ordem dos Médicos Dentistas Portuguese Dental Association
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 3. Chapter III - Section I - General principles
 

Article 14

List of Ruling Bodies

1 - In order to achieve its goals, the OMD develops its activities through its own ruling bodies.

2 - The OMD¿s ruling bodies are:

a) the general assembly;

b) the president of the OMD;

c) the secretary-general;

d) the board of directors;

e) the fiscal council;

f) the ethics and professional conduct committee.

3 - The general assembly is the OMD¿s top ruling body.

4 - The hierarchy of the other authorities is as follows: the president of the OMD, the secretary general, the presidents of the fiscal council and of the ethics and professional conduct committee, the other members of the collegial bodies.

Article 15

Elegibility

1 - Any dentist currently registered in the OMD, to whom no disciplinary sanction worse than a warning has been imposed, is eligible for membership on the OMD¿s ruling bodies, as long as his or her fees are fully paid one year before his or her candidacy is announced.

2 - Only Portuguese dentists with a minimum of five years of practice in Portugal may be elected for the positions of president of the OMD, secretary-general and member of the ethics and professional conduct committee.

Article 16

Election and Term

1 - The OMD authorities shall be elected through direct, secret ballot, during a general meeting held for that purpose.

2 - Their term shall last three calendar years, and each and every member can be re-elected.

3 - Positions shall not be accumulated, except in the cases specified in these statutes.

4 - During the electoral process, an electoral commission shall be made up of the board of the general assembly and of representatives of each list, the competence and power of which is defined in the electoral regulation.

Article 17

Announcement of Candidates

1 - All the candidates shall be included in one list, except those of the ethics and professional conduct committee, for which there will be an independent list.

2 - Each list shall include substitute candidates, to a maximum of 50% of the effective candidates.

3 - The candidacies shall be announced by 1st October of the year in which the election is held.

4 - Each list must be subscribed to by a minimum number of fifty dentists (or 10%) currently registered and in their full statutory capacity.

5 - All candidates must be guaranteed equal opportunities; therefore, in order to monitor the election, an electoral commission shall be made up of the respective general assembly board and of one delegate for each list.

6 - Each list shall put forward their candidates¿ platforms, which shall be made public by the chairman of the general assembly.

Article 18

Election Date

The election for the different ruling bodies shall be held between 1 and 15 December, the exact date to be proposed by the president of the OMD and approved by the chairman of the general assembly.

Article 19

Ballot

1 - Only dentists currently registered and whose fees are fully paid will be entitled to vote.

2 - The ballot shall be secret and may be cast in person or by mail.

3 - Should the vote be sent by mail, the ballot paper shall be enclosed in an envelope, accompanied by a letter signed by the voter and a photocopy of his or her identity card.

Article 20

Requirements of Office

1 - Those dentists elected or appointed to any position in the OMD's ruling bodies shall carry out their duties in accordance with these statutes.

2 - Refusal to take office shall be considered a disciplinary offence, except if justified and if this justification is accepted by the respective ruling body or, in the case of the president of the OMD, by the board of directors.

Article 21

Temporary Suspension and Resignation

1- Should there be sufficient reason, the holder of a position in the OMD's ruling bodies may offer his or her resignation or request temporary suspension from office from the respective committee or from the board of directors in the case of the president of the OMD or of its secretary-general.

2 - This request shall always be accounted for and the reason analysed by the bodies mentioned in the previous paragraph.

Article 22

Dismissal from Office

1 - Dentists elected or appointed to hold a position in the OMD's ruling bodies shall carry out their duties with diligence and assiduousness.

2 - Dentists shall be dismissed from office who, without justified motive, fail to comply with that established in the previous paragraph or impair the work of the OMD¿s ruling bodies.

3 - The justification referred to in the previous paragraph shall be presented by the person concerned to his or her respective body, or, in the case of the president of the OMD or the secretary-general, to the board of directors.

4 - Dismissal from office in accordance with this Article shall be decided by the respective body or by the board of directors in the case of the president of the OMD or the secretary-general, after deliberation approved by two-thirds of its members.

5 - In the event of an entire body being at fault, the decision shall be made by the ethics and professional conduct committee.

Article 23

Effect of Disciplinary Sanctions on the Holding of Positions in the OMD

1 - The final decision to apply a penalty worse than a warning to the holder of any position in the OMD, shall terminate his or her mandate.

2 - Should a disciplinary sanction be appealed, the person concerned shall be suspended from office until a final decision is reached.

Article 24

Substitution of the OMD¿s President and Secretary-General

1 - Should any of the situations described in Articles 21, 22 and 23 be applicable to the president of the OMD, this person shall be replaced by the secretary-general, who will be in office during the period of suspension, or, in all other cases, until the next election is held.

2 - Should any of these situations be applicable to the secretary-general, the board of directors shall appoint a substitute among its members during the following ordinary session.

Article 25

Substitution of the Members of the Collegial Bodies

1 - Should any of the situations described in Articles 21, 22 and 23 be applicable to the president of any of the OMD¿s ruling bodies, the respective committee shall appoint a new president among its members during the following ordinary session.

2 - Should any of these situations be applicable to any other member of the OMD's ruling bodies, in order to replace a member chosen in accordance with the previous paragraph, the respective committee shall appoint a substitute among the elected dentists.

Article 26

Vacancy in the Ruling Bodies

1 - A collegial body shall be pronounced vacant when any of the circumstances described in Articles 21, 22 and 23 is simultaneously applicable to the majority of its voting members.

2 - Should the board of directors be left vacant, its voting and non-voting members still in office shall choose the holders of the vacant positions from among themselves.

3 - Should the fiscal council be left vacant, the board of the general assembly shall elect from among its members those who will accumulate the positions left vacant.

4 - Should the ethics and professional conduct committee be left vacant, an election for this ruling body will be held within 90 days following the vacancy.

5 - When the number of positions left vacant in the board of directors does not allow the compliance with paragraph 2, or when the board of directors and another collegial body are left vacant simultaneously, a general election for all the OMD's ruling bodies will be held within 90 days following the vacancy.

6 - The holders of positions elected in accordance with the previous paragraphs shall be in office until the end of the current three-year term.