DRAFT MINUTES
CLEAR BOARD OF DIRECTORS
January 10, 2002
San Antonio, Texas
| Those present were: | |
| President: | Donna Mooney, Associate Director of Discipline, North Carolina Board of Nursing |
| Members: | Jayne Bunn, Program Manager, DHHS, DFS, North Carolina Health Care Personnel Registry |
| Jinny Gender, Public Member, Missouri State Committee for Social Workers | |
| Lisa R. Hahn, Deputy Chief, Private Security, Virginia Department of Criminal Justice Services | |
| Deanna Laws, Registrar, Ontario College of Pharmacists | |
| Faye Lemon, Director of Enforcement, Virginia Department of Health Professions | |
| Rosemary McCool, Division Director, Colorado Department of Regulatory Agencies | |
| Helen Meeks, Division Director, Regulation and Licensing, Nebraska Department of Health and Human Services | |
| Bonnie Rhea, Assistant Director Enforcement Division, Virginia Department of Professional and Occupational Regulation | |
| Mack Smith, Executive Secretary, Kansas State Board of Mortuary Arts | |
| Roy Swift, Program Director, American National Standards Institute | |
| C. Michael Weaver, Deputy Secretary, Pennsylvania Department of State | |
| Staff: | Pam Brinegar, Executive Director, CLEAR |
| Sharon Burke, Training Coordinator, CLEAR | |
| Janet Horne, Office Manager, CLEAR | |
| Adam Parfitt, Director of International Relations, CLEAR | |
| Scott Seymour, Policy Analyst, CLEAR | |
| Others: | Rex Corlett, Managing Principal, The Chauncey Group International |
| Sandra Greenberg, Vice President, Development, Public Service, Professional Examination Service | |
| Norman Hertz, Consultant, California | |
| Julia Leahy, Director, Test Development, The Chauncey Group International | |
| Bill Marcus, Consultant, California | |
| David Montgomery, Director of Administrative Services, Nebraska Health and Human Services | |
| Mike Rosenfeld, Associate Director, Center for Higher Education, Educational Testing Services, Inc. | |
| Linda Waters, Managing Principal, The Chauncey Group International | |
| Anthony Zara, Vice President, Professional Licensing and Certification, VUE | |
| Jim Zukowski, Division Director, Texas Professional Licensing and Certification |
CALL TO ORDER
President Donna Mooney called the meeting to order at 9:05 a.m. Board members Ron Dalrymple, Randy Lindner and David Monahan were unable to participate in the meeting.
APPROVAL OF MINUTES
President Donna Mooney asked that the minutes of the September 13, 2001 minutes be amended to reflect the fact that as a result of mutual agreement between then President Lisa Hahn and incoming President Mooney, the change of presidency occurred on schedule in September, although the election was deferred as a result of the national tragedy.
Bonnie Rhea moved adoption of the June 11, 2001 teleconference minutes as presented and the minutes of the September 13, 2001 teleconference as amended. The motion was seconded and passed.
EDUCATION AND TRAINING COMMITTEE
President Donna Mooney said that Education and Training Committee Chair David Montgomery was presenting in CLEAR's board member training program that a.m., so the committee's reports would be delivered by Sandy Greenberg. Ms. Greenberg said that the goal of all four subcommittees was to operationalize President Mooney's "Recruit, Reclaim, Retain" membership campaign and that representatives of the subcommittees would give the individual reports.
International Relations Subcommittee
The report of the International Relations Subcommittee contained three information items which were presented by Vice-Chair Deanna Laws.
1. That the European office address and telephone number be added to the organization's letterhead
2. That an initiative is established to explore closer links with regulatory programs in Mexico, Japan, Taiwan and the United Kingdom.
3. That the Web site will contain translations of key sections in French, Spanish, Portuguese, Japanese and Chinese.
Chair Rex Corlett added that the subcommittee members will develop a basic document on regulatory programs in each of the targeted countries. He will then forward these documents to his contacts in each of the countries for comment as a first step toward helping CLEAR understand the potential markets. The report was accepted as presented.
National Certified Investigator/Inspector Training Subcommittee
The report of the NCIT Subcommittee contained two information items:
1. The Investigative Resources/Internet Use module will be removed from CLEAR's Basic program. The information contained in the handout will be included in the student notebook.
2. The Examination Item Writer Workgroup will be reconvened to revise and produce new items for the basic examination.
Jayne Bunn said that the subcommittee is also monitoring prospective NCIT offerings, working to promote Associated Regulatory Investigators (ARI), and working on how to bring NCIT attendees back to become more directly involved in CLEAR. The report was accepted as presented.
Training and Development Subcommittee
The report of the Training and Development subcommittee contained two information items and was presented by Chair Bonnie Rhea.
1. Pending the review of evaluations from the January 2002 Board Member Training Program, the core curriculum will be updated and finalized by May 1, 2002 and presented as part of the program at the September 2002 annual conference.
2. The subcommittee will meet via conference call to discuss a variety of methods by which the Board Member Training program can be offered.
Lisa Hahn reported on the Leadership Training Development Working Group, saying that three modules are currently under development. She continued that a marketing plan has been put in place that includes letting state officials know about the program as well as marketing the program at the annual conferences of other organizations, specifically the National Governors Association and the National Association of Secretaries of State.
The report was accepted as presented.
Publications and Communications Subcommittee
The report of the Publications and Communications Subcommittee contained four information items:
1. Following the annual meeting, staff will contact each session coordinator and request all available electronic handouts of summaries from session presenters.
2. Coordinators will also be asked to solicit Resource Briefs submissions from this year's sessions.
3. Session descriptions from previous conferences will be placed more prominently on the Web site.
4. The members-only section of the Web site shall be opened to non-members.
EXAMINATION RESOURCES AND ADVISORY COMMITTEE
The report of the Examination Resources and Advisory Committee contained six information items that were presented by Chair Norman Hertz.
1. The CLEAR Exam Review will be published by March 2002.
2. Additional questions have been submitted to the NCIT item bank.
3. The committee discussed its roles, function and mission.
4. The committee identified future products for the committee:
a) promote excellence in measurement; and
b) obtain and disseminate measurement and credentialing information.
5. Responsibilities were assigned to committee members.
6. Add FAQ section to the CLEAR web page dealing with measurement issues.
The report was accepted as presented.
PROGRAM COMMITTEE
Chair Rose McCool presented the report of the program Committee containing the following information items:
1. The theme for the Las Vegas meeting is "Regulatory Jackpot: The Odds Favor Unity."
2. Eight sessions are identified for each of the four programming tracks, with four alternatives per track.
3. Coordinators and prospective speakers are also identified.
Chair McCool advised the Board that September 11 is a major travel date for next year's conference. President Mooney said that plans for addressing this issue (e.g., mentioning it in the flyer) would be prepared and forwarded to the Board members at a later date.
CENTRAL AGENCY COMMITTEE
Michael Weaver reported that the group had set an agenda for the roundtable at the conference later this week and discussed whether to hold an additional meeting of the committee during the year.
PRESIDENT'S REPORT
President Donna Mooney said that it was not by accident that most board chairs appointed this year were drawn from the Board. It was a specific effort to keep the board members involved in CLEAR's activities.
In addition, she has appointed two working groups:
1. Special Projects (under the NCIT Subcommittee) to develop two online investigator continuing education modules, one on sexual misconduct and one on drug diversion. Drafts for the former module is due by June 1 and, for the second, September 1.
2. Membership Initiative, which is charged with taking the information developed by all of the committees and preparing a strategic plan to gather the resources necessary to accomplish the established goals.
TREASURER'S REPORT
President-Elect and Treasurer Mack Smith first drew the board's attention to the independent auditor's report for FY2001. He moved, and Lisa Hahn seconded a motion to adopt the June 30, 2001 audit report.
Treasurer Smith then drew the board's attention to a report entitled "Financial Points for Discussion" (attached), saying that the bottom line is that CLEAR needs to raise new money and to raise it now.
Helen Meeks suggested looking at NCIT certification with an eye toward re-certification, perhaps tying it into the developing investigator continuing education courses as a means to maintain certification. She also proposed pursuing regionalization of board member training.
Following considerable discussion about the NCIT revenues and ways to promote the program with sponsors, Lisa Hahn moved increasing both the basic and specialized NCIT registration fees by $50 (note: thus taking the basic to $350 and the specialized to $425). This increase will be effective for any offering booked for dates after September 1, 2002 and provide an opportunity for interested sponsors to book programs in the near future at the current rates. Mention should be made that this is the first increase in more than ten years.
The motion was seconded and unanimously passed.
Janet Horne asked the board to consider removing two experimental NCIT marketing initiatives she said had resulted in no additional revenue during the two years they have been in place. Rose McCool moved, Mack Smith seconded a motion to remove the incentive fee of $25.00 for taking specialized training within 18 months of the basic and to remove providing one free CLEAR annual conference session fee to sponsors of an NCIT program. The motion unanimously passed.
PCAB/NVBDC
Bob Nebiker, CLEAR's representative to the Professional Certification Advisory Board (PCAB) of the National Veterans Business Development Corporation (NVBDC) reported on the first meeting of the group. He said that there is not a role for CLEAR per se with the PCAB; however, since CLEAR has a seat mandated by federal law, he views his role as keeping CLEAR's board advised on PCAB's activities. He also said that CLEAR board member Roy Swift is appointed to a PCAB subcommittee charged with finding data on barriers to licensure of military veteran personnel.
POLICY ON HONORARY BOARD MEMBERSHIP
The Board of Directors had, earlier in the summer, voted to confer its first honorary board membership on one of CLEAR's founders (Ben Shimberg). At the same time, staff was asked to develop draft language for a policy on honorary board membership. Lisa Hahn moved and Deanna Laws seconded adoption of the following policy:
In rare cases, CLEAR's Board of Directors may choose to confer the designation of Honorary CLEAR Board Member on an individual whose contribution to the organization as a founder or long-term leader is unparalleled. Honorary Board Member is a non-voting designation and individuals so honored will be seated on the front row of the audience during CLEAR Board meetings and publicly recognized during each meeting attended.
The motion unanimously passed.
POLICY ON BOARD MEMBER REMOVAL
The following policy was unanimously adopted following a motion made by Jinny Gender and seconded by Lisa Hahn:
Board members may be removed from office for failure to perform duties as evidenced by:
1. Failure to attend board meetings, assigned committee meetings and other meetings and events that board members are expected or designated to attend, including but not limited to board member orientation, annual meetings, strategic planning meetings and board member retreats
Rating: _____ Above Average = Attends 80-100% of meetings
_____ Average = attends 50-79% of meetings
_____ Below Average = Attends less than 50% of meetings
2. Failure to review materials in preparation for board meeting participation.
Rating: Does not offer comments nor contribute to discussions
Does not demonstrate knowledge of issues being discussed
Does not stay focused/on track with agenda items
3. Failure to demonstrate positive interaction with other board members and CLEAR staff:
Rating: Not Respectful when others are speaking
Discourages others from participating
Not open to varying opinions/points of view
Disrespectful of staff comments, suggestions, direction
4. Failure to adhere to CLEAR Board Bylaws and policies and procedures
5. Failure to adhere to ethical standards as evidenced by:
Not maintaining confidentiality
Not recognized and refraining from conflict of interest situations
Acting outside the scope of authority of a board member
Inaccurately representing information
The Investigation
When a member of the board of directors has reason to believe that there is probable cause to investigate of one of its members for having committed any one or a combination of the acts for which s/he can be removed from the board, the board can remove the member by the following procedures:
The president, with the consent of the majority of the board of directors, may appoint a special committee to review the issues in question. The committee should consist of three members of the board of directors, and the immediate past president serving as chair. The committee should review the issues in question and submit a report to the board of directors within 30 days of the president appointing them. The report need not go into details, but should contain recommendations as to what actions should be taken by the board of directors.
The committee should send the accused a confidential written notice explaining the issues or charges in question. The accused should be given an opportunity to respond to the said charges in writing within at least 100 days before the board takes any action. The accused should make every reasonable attempt to cooperate with the committee. Failure to obey or respond to a letter or request of the committee or to cooperate with the committee shall constitute grounds for summary expulsion.
Proviso
The removal procedure should not require an investigation in every instance, because factual basis for removal may be known without an investigation. For example, if the person fails to attend a required number of board meetings. Further, an investigation may be conducted by the staff and the information provided to the board rather than an investigation by board members.
Board Action
If the board determines that a member has committed an act for which s/he can be removed, including failure to satisfactorily perform his duties, the board shall initiate proceedings to remove the said member.
At the next meeting of the board of directors, the accused should be given an opportunity to be heard by the board, to show cause why he or she should not be expelled or given an opportunity to resign.
REDEFINING STAFF/VOLUNTEER WORKING RELATIONSHIP
OTHER BUSINESS
President Mooney said that a board retreat might be scheduled sometime during May.
Mack Smith pointed out that the earlier the 2003 midyear dates are set, the better it is for everyone involved. Jinny Gender recommended St. Louis as a place to hold the meeting, but the board did not take action on the recommendation.
President Mooney thanked Lisa Hahn for handling a very difficult year, saying that Lisa's investment of time alone was remarkable.
Lisa Hahn presented Donna Mooney with the rotating president's plaque, mentioning that it resulted from a tradition started by former president Bill Marcus.
Jinny Gender thanked both Donna Mooney and Lisa Hahn for providing a smooth organizational transition.
Donna Mooney thanked staff for its hard work in doing the 2001 annual conference twice.
ADJOURNMENT
There being no further business before the board at this time, Mack Smith moved and Rose McCool moved to adjourn the meeting. The motion unanimously passed.
Respectfully submitted,
___________________
Pam Brinegar
Actions of the CLEAR Board of Directors
January 10, 2002
San Antonio, Texas
1. Approved the June 11, 2001 teleconference minutes as presented
2. Approved the September 13, 2001 teleconference minutes as amended
3. Accepted all committee, subcommittee, liaison and working group reports as presented.
4. Accepted the June 30, 2001 audit report.
5. Approved an increase in fees for both the basic and specialized programs of $50 each, effective for any offering given after September 1, 2002. Note: This is the first NCIT increase in over ten years and will raise the cost of the basic program to $350 and the specialized to $425.
6. Removed experimental NCIT marketing initiatives.
7. Adopted new policies on
- honorary board membership
- board member removal
Task List Resulting From the
January 10, 2002 of the
CLEAR Board of Directors
1. Add European office address and telephone number to letterhead
2. Support exploration of links to Mexico, Japan, Taiwan and the United Kingdom.
3. Support translation of key Web site portions
4. Remove the Investigative Resources/Internet Use module from CLEAR's Basic NCIT program
5. Support examination item writer workgroup
6. Raise NCIT basic and specialized program fees by $50
7. Remove two NCIT incentives: specialized training $25 & few conference registrations for NCIT sponsors.
8. Add policies: honorary board membership, board member removal
9. Work with leadership to establish midyear dates and place