From: J Henry Phillips
To: Ann Macfarlane
Dear Ann Macfarlane,
As near as I can recall, you stated, at the meeting called to exclude discussion of the fundamental issues raised by the Hamm report, that: "There is no restriction in the ATA bylaws on nonmember access to accreditation exams. That is a policy matter which the board decides." I too memorize the bylaws, and did not believe your assertion.
The bylaws state:
"Section 3 - Rights and Privileges
a. Active members have the right to attend any of the Association's membership meetings, use all of its membership facilities, and receive all of its regular publications free or at special membership rates. They also have the right to take accreditation examinations, to vote, to hold Association office, and to serve on the Board of Directors and all committees of the Association." [The testing right is then extended to Corresponding and Associate members, but not to corporate and institutional members.]
The term "members" is everywhere in establishing the context, and I challenge you to find a logician able to convince anyone that it somehow means that nonmembers have the right to take accreditation examinations without also granting that nonmembers may also attend all our meetings, use all membership facilities [including the online Translation Services Directory], and receive all of our regular publications free.
If you are unable to find such a logician or attorney, I suggest it might be a very good idea to retract as in error that statement made under conditions of sheer exhaustion, understandably brought on by exemplary diligence in performing all your various duties during the meetings and convention.
... Allowing nonmembers access to all general ATA facilities would entail practically infinite expenses and completely invalid reasoning in interpreting the meaning of the bylaws.