American Philatelic Society -- Standing Resolutions

Effect of Resolutions

Resolved, Resolutions whose application is not limited to one year, be printed as an appendix to the Bylaws until their regulations are no longer in force in the opinion of the Board of Directors. -- 38th Annual Convention, 1923.

Index

1.0 General Resolutions
1.1 Losses at Conventions
1.2 Advertising in The American Philatelist

2.0 Duties of Officers
2.1 Orders and Instruction to Board of Directors
2.1.1 Board of Vice Presidents Procedure
2.2.2 Vice Presidents Not a Collection Agency

3.0 Ethics
3.1 Committee on Ethics
3.2 Code of Ethics
3.3 Use of Membership Number in Advertisements
3.4 Use of Society Seal and Membership Number
3.5 False and Deceptive Advertising (First Day Covers)
3.6 Misleading Advertisements
3.7 Condemnation of Dealing in Fakes
3.8 Perforating Stamps for Fraudulent Purposes
3.9 Return of Philatelic Items
3.10 Unsolicited Approvals

1.0 General Resolutions

1.1 APS Not Responsible for Losses
Resolved, that the APS disclaim any responsibility for damages or losses of any kind incurred in connection with auction sales, bourse, entertainment, or any other affair or function held in conjunction with APS conventions. -- 39th Annual Convention, 1924.

1.2 Advertising in The American Philatelist
Be It Resolved that commercial advertising in The American Philatelist shall be limited to:

Members of the Society;
Firms of which a principal officer is a member of the Society; and
Governments and governmental agencies. -- 93rd Annual Convention, 1979.

2.0 Duties of Officers

2.1 Orders and Instructions to the Board of Directors
Whereas, Article 5.1.1 of the Bylaws of the American Philatelic Society provides inter alia as follows:

"The Board of Directors shall exercise its power in conformity with such definite orders and instructions as shall be given to it by members of the Society by a majority vote taken by ballot in a referendum conducted in the manner provided herein for the adoption of an amendment to these Bylaws,"

and Whereas, the provision of the Bylaws does not provide for the implementation or procedure by which members may submit proposals for directives for vote: Be It Resolved, By the American Philatelic Society in Convention assembled that in aid of the provision of Article 5.1.1 of the Bylaws of the Society and in supplement thereto; Be It Resolved:

Proposals for definite orders and instructions shall be submitted to the membership only at such times as are provided for in the Bylaws.
Any proposal for orders or instructions shall be concise and shall contain not more than one subject for determination.
Any member may submit as many separate proposals as may be desired.
The Secretary of the Society shall have the sole power to determine whether a given proposal contains more than one proposal and his rejection shall be a final determination of the interpretation of any such proposal.
The Secretary shall make a determination provided in Paragraph 4 hereof promptly so as to give the proponent all reasonable opportunity to redraft and resubmit any desired proposal.
Proposals shall be submitted sufficiently in advance to permit short statements to be prepared, approved by the Secretary, relating to the proposal to be prepared by the interested members and the Board of Directors and sent with the ballot to the members. Such statements shall be signed by an appropriate officer of the Board of Directors and the interested member or members submitting such statements.
The Secretary may reject any proposal which in his opinion is frivolous or scandalous. -- 73rd Annual Convention, 1959.

2.1.1 Board of Vice Presidents Procedure
Be It Resolved, that the Board of Vice Presidents shall not be obligated to consider complaints involving loss of philatelic merchandise in transit when sent by the complainant, unless he can furnish proof of its delivery, it being hereby understood that responsibility for safe delivery rests with the sender. Be It Further Resolved, that it is not the duty of the Board of Vice Presidents to appraise or evaluate the worth of any philatelic merchandise or to determine whether the material is worth the price charged unless deceptive advertising, misrepresentation, flagrant breach of good conduct, or dishonesty are apparent. It shall be considered the responsibility of the purchaser to exercise reasonable prudence and caution in his purchases and to return, promptly and without delay any unsatisfactory merchandise. Be It Further Resolved, that in complaints involving counterfeit, fraudulent, false or repaired or damaged stamps, the complainants shall provide the Board of Vice Presidents with expert opinion, other than his own, from a recognized authority, to support the charges. Be It Further Resolved, that in the filing of complaints involving non-payment or the return of philatelic merchandise, the complainant shall provide the Board of Vice Presidents with evidence showing that the material was actually ordered. Any such complaints arising from the sending of unsolicited approvals need not be accepted by the Board. -- 65th Annual Convention, 1951.

2.2.2 Vice Presidents Not a Collection Agency Resolved, That it is the sense of this Convention, that it is neither the duty of the Board of Vice Presidents to act in this capacity (collection of accounts), nor a proper function for it to exercise, and that it should deal with cases of delinquent accounts only when the circumstances indicate misconduct or conduct otherwise unbecoming a member. -- 53rd Annual Convention, 1938.

3.0 Ethics

3.1 Committee on Ethics Be It Resolved by the American Philatelic Society, in convention assembled, that the President be, and he hereby is directed, to name a special committee to be known as the Committee on Ethics. -- 60th Annual Convention, 1946.

3.2 Code of EthicsBe It Resolved that the Code of Ethics, as hereafter set forth, jointly entered into by the Board of Directors and the Society of Philatelic Americans and the American Topical Association, be and the same is hereby adopted and ratified. -- 93rd Annual Convention, 1979.

3.3 Use of Membership Number in Advertisements Whereas, many stamp dealers using fictitious or corporate names refer to American Philatelic Society membership in their advertisements, and Whereas, the Board of Vice Presidents has found instances where such a reference was being used when no American Philatelic Society member was directly connected with or exercising any managerial authority in the business, and Whereas, it becomes necessary to define the proper use of such reference in order to safeguard our members and maintain the integrity of this Society; Therefore, Be It Resolved, that:

No American Philatelic Society member shall permit his membership number to be used in connection with any dealer's organization in which he is not a principal, a partner, or owner of at least 1/3 of the corporate stock of the corporation.
Any American Philatelic Society member acting to gain for this business the prestige and patronage that accrues through reference to membership in American Philatelic Society shall be personally responsible to the Society for any infringement of rules or any conduct or method of business engaged in by his organization which is contrary to American Philatelic standards.
All dealers and all members using fictitious or corporate names, when referring to membership in the Society in their advertising, shall place after the initials APS of such ads, the membership number of the principal, partner, or stockholder who is an American Philatelic Society member, and shall register said information with the Board of Vice Presidents together with the title of the position which this member holds in the firm.
Any violation of this resolution shall be grounds for disciplinary action. -- 72nd Annual Convention, 1958.

3.4 Use of the Society Seal and Membership Number Reproductions of the official seal of the Society, or facsimiles thereof, and/or the membership number, may be used by members on stationery and in publications and advertising to designate Society membership. However, neither the seal nor membership number shall be used in a manner that would indicate Society approval or recommendation as to any items, event or service advertised; nor shall such use be in conjunction with any advertising of any item, event or service that has been disapproved by the Society of its Board of Directors or which is in conflict with the code of ethics. No member may lend the use of a reproduction of the seal or use of his or her membership number to any other person, firm, association or corporation; provided, however, they may be used by a firm or corporation in which the member is an active and substantial owner and bears financial responsibility and if the seal or membership number is so used, the Society member shall be liable for any violation of the Society rules and regulations. The Board of Directors, or its designated officers, may restrict the use of the seal and/or membership number as may be required to maintain the integrity of the Society. -- 20th Spring Meeting, 1977.

3.5 False and Deceptive Advertising Be It Resolved that the American Philatelic Society does endorse and approve the following resolution of its affiliate, The American First Day Cover Society, opposing the use of false, deceptive and misleading advertising in connection with first day cover services and the sale of first day covers and the value of such covers. And the Society does hereby join The American First Day Cover Society in urging the elimination of such practices. The text of The American First Day Cover Society's resolution is as follows:

Resolved, that The American First Day Cover Society vigorously opposes the use of false, deceptive and/or misleading advertising in connection with the sale of first day covers and first day cover services; and specifically, the Society opposes the use of false,deceptive and/or misleading references in such advertising which:

Imply significant monetary worth and probable appreciation in value of current first day covers,
Imply scarcity of current first day covers and value concomitant with such alleged scarcity,
Imply that current first day covers are difficult for the individual collector to acquire,
Imply an official status enjoyed by a particular brand of cover which is not enjoyed by others,
Permit the "passing off" of all covers as "official" contrary to established custom and usage of the terminology,
Misstate the time span during which first day covers are canceled and/or made available to collectors,
Misstate the places at which first day covers are canceled, and
Misstate the age and experience of the seller organization, and,

Be It Further Resolved, that The American First Day Cover Society urges and encourages its members to:

Present similar resolutions to their local philatelic associations,
Protest to dealers and suppliers who use false, deceptive and/or misleading statements in their advertising,
Protest to the philatelic press for accepting and publishing advertising which is false, deceptive and/or misleading,
Protest to the U.S. Postal Service against aiding and abetting false, deceptive and/or misleading advertising for first day covers produced in part by the U.S. Postal Service and sold by mail.

-- 18th Spring Meeting, 1975.

3.6 Misleading Advertisements Whereas, evidence reveals that some stamp dealers advertise selected items at reduced prices when they cannot supply same to those who answer their ads, and that they deliberately delay refunding the purchase price, seeking to induce purchase of other material while holding for their use other people's money; Therefore, Be It Resolved, that the American Philatelic Society condemns such practices by dealers and designates the practice as unethical and therefore subject to such discipline as is designated for other actions unbecoming a member of this Society. -- 74th Annual Convention, 1960.

3.7 Condemnation of Dealing in Fakes Be It Resolved by the American Philatelic Society in convention assembled, that the Society unqualifiedly condemns the sale or disposition of any philatelic item which has been reperforated, repaired, regummed, or otherwise altered, unless the true character of such item is clearly and definitely designated thereon; Whereas, this convention has taken action in condemnation of the sale or disposition of philatelic items which have been reperforated, repaired, regummed or otherwise altered unless the true character of such items is clearly and definitely designated thereon; and Whereas, there is the like necessity for such designation in case of certain other classes of philatelic items, such as facsimiles, reprints, and counterfeit issues; and Whereas, it is unlawful to acquire, to hold, or possess counterfeit stamps or other philatelic material under certain conditions; Now, therefore, be it resolved by the American Philatelic Society in convention assembled, that the Society condemns without qualification any and all dealing of any kind or character in counterfeit postal issues in any locality in which such dealing is contrary to law. And Be It Further Resolved, that the Society condemns the sale or disposition of any and all counterfeit postal items in any locality and or any and all facsimiles, imitations, and reprints, other than Government- issued reprints or reissues, unless the true character of such items is clearly and definitely indicated thereon in the manner which shall be designated in the case of altered items. -- 56th Annual Convention, 1941.

3.8 Perforating Stamps to Work a Fraud Resolved, Whereas, the hobby of philately is seriously menaced by the dangerous and vicious use of perforating machines to produce rare stamps, and whereas, many unsuspecting collectors will purchase such items from unscrupulous venders, therefore be it Resolved, that the American Philatelic Society in convention assembled hereby declares that any member who knowingly manufactures or sells such stamps, is guilty of unethical conduct and subject to expulsion. -- 50th Annual Convention, 1935.

3.9 Return of Philatelic Items Resolved, that in the absence of a written agreement, the APS goes on record as establishing a two-year limit from the date of sale for the return of any item which has been declared by a recognized expert committee to be other than as described at the time of the transaction. - 38th Annual Convention, 1923; amended 99th Annual Convention, 1985. further amended 34th Spring Meeting, 1991.

3.10 Unsolicited Approvals Whereas, the American Philatelic Society has heretofore expressed its opposition to the practice of sending unsolicited approvals through the mails; and Whereas, The Federal Trade Commission and the legislatures of several states have now expressly declared such practices as being undesirable and have promulgated rules and regulations that remove any duty whatsoever from the recipients of such merchandise to either account for or to return the same regardless of whether or not return postage is included; and Whereas, Some Senders of such material have at times used coercive methods in an effort to collect for such unordered merchandise; now, therefore, Be It Resolved, That any coercive pressure exerted by the sender of unsolicited approvals to secure payment therefore shall be considered to be unethical conduct upon the part of the sender of such material. -- 13th Spring Meeting, 1970.