DRAFT MINUTES
CLEAR BOARD OF DIRECTORS

Memphis, Tennessee
January 8, 2000

 

Those present were:  
President: James Guffey, Deputy Director, Enforcement Division, Virginia Department of Professional and Occupational Regulation
Members: Mel Black, Executive Director, North Carolina Appraisal Board
  Lisa Russell Hahn, Administration and Licensing Manager, Virginia Charitable Gaming Commission
  Helen Meeks, Division Director, Regulation and Licensing, Nebraska Department of Health and Human Services
  David Monahan, Assistant Attorney General, Consumer Protection and Antitrust Division, Massachusetts Office of Attorney General
  William Sachs, Senior Investigator, Office of Professional Discipline, New York State Education Department
  Linda Siderius, Consultant, Colorado Division of Registration and Attorney-at-law, Long and Joudan
  Mack Smith, Executive Secretary, Kansas State Board of Mortuary Arts
  Gerard Swain, Director of International Affairs, Federation of State Boards of Physical Therapy
  Roy Swift, Consultant, Virginia
  Carl Williams, Executive Director, Ohio Occupational Therapy, Physical Therapy & Athletic Trainers Board
  Anthony Zara, Director of Testing Services, National Council of State Boards of Nursing
Others: Charles Barner, President, Regulatory Agency Management Systems, Inc., Florida
  Ed Dupuy, Director, Division of Regulation, Florida Department of Business and Professional Regulation
  Jim Zukowski, Division Director, Texas Department of Health
Staff: Pam Brinegar, Executive Director
  Adam Parfitt, Director of International Relations
  Maria Turner, Program Coordinator

 

CALL TO ORDER
President Jim Guffey welcomed the new and returning members of the Board of Directors.

ADDITIONS TO AGENDA
A report from the public member working group was added as an agenda item. The board then received the following reports and took the following actions:

ADOPTION OF MINUTES
Approved the minutes of the November 10, 1999 teleconference as presented
(Siderius/Sachs).

PROPOSED BYLAWS CHANGE
The following Bylaws change, along with membership comments received, was placed before the Board for final disposition.

ARTICLE III
Board of Directors

Section 1. The CLEAR Board of Directors shall consist of the following fifteen (15) persons:
(a) President;
(b) President-Elect;
(c) Immediate Past President;
(d) twelve (12) other elected members, one of whom shall be an associate member, except in those cases where board members are serving out the remainder of their terms.

Following discussion, the Board made an editorial change to the proposed language, which was approved (by a vote of nine ayes; three abstentions) for incorporation into the Bylaws:

(d) twelve (12) other elected members, one of whom shall be an associate member. Board members who experience a change in status and who remain members of CLEAR may serve the remainder of their terms.

CONFLICT OF INTEREST POLICY
The final item stemming from a risk assessment survey conducted during the summer of 1999 was whether CLEAR should have a financial conflict of interest policy. A draft policy was presented for the Board's consideration:

Draft Conflict of Interest Policy

An actual or possible conflict of interest shall exist when a matter before the board, or committee with board delegated powers, presents circumstances under which an interested person's financial interest would reasonably expect to be implicated by the decision of the board or committee in connection with such matter. After disclosure of circumstances that could be a conflict of interest, the affected person(s) shall leave the board or committee meeting while the board or committee conducts business in the area(s) of potential conflict.

Following a motion and second to approve the draft policy (Siderius/Smith), the Board voted (11 ayes and one nay) to approve the conflict of interest policy as presented.

Gerard Swain moved, Mel Black seconded a motion to develop an accompanying set of guidelines to the conflict of interest policy. The motion passed unanimously and President Guffey appointed a working group (Gerard Swain, chair; David Monahan and Carl Williams, members) charged with developing the set of guidelines for presentation to the Board in September.

EDUCATION AND TRAINING COMMITTEE
The report of the Education and Training Committee contained reports from its three subcommittees as well as one action item from the body-at-large:

Action item
1. Recommend that the Education and Training Committee serve as the resource to staff in the ongoing development of CLEAR’s web site.

A motion was moved, seconded and unanimously passed to accept the action item (Siderius/Hahn).

National Certified Investigator/Inspector Training (NCIT) Subcommittee
The report of the NCIT Subcommittee contained one action item and three information items for the Board's consideration:

Action Item
1. That the Board explore the development and offering of the Basic NCIT program by distance learning methods, taking into consideration the proposal as presented by Florida State University
(see attached letter).

Information Items
1. The audition process for NCIT instructors is eliminated.

2. The co-chairs of the NCIT subcommittee will appoint a task force to explore the process of NCIT instructor selection and evaluation and make recommendations to the subcommittee at the next meeting for possible revisions to the process.

3. A working group is established to evaluate the NCIT examination bank [for purposes of] expanding the [number of] questions in the databank and to remove questions that are no longer appropriate.

Linda Siderius moved, Gerard Swain seconded a motion to approve action item #1 for purposes of discussion. Following discussion, Linda Siderius moved, Roy Swift seconded a substitute action as follows:

That the NCIT Subcommittee explore the development and offering of the NCIT program by distance learning methods, that include mechanisms for certification and testing, taking into consideration information from a variety of vendors.

The motion unanimously passed. Ms. Siderius said she would expect to see a report in September containing such items as a range of financial costs so that the Board could then decide whether to develop an RFP. President Guffey appointed Gerard Swain as board liaison for this process.

The board initially accepted the information items as presented; however, near the end of the meeting, it determined that information item #1 and information item #2 were properly action items. Because of his status as an NCIT instructor and therefore a financially interested party, President Guffey turned the chair over to the Immediate Past President Linda Siderius for the ensuing NCIT activity: Mr. Guffey was not present during the discussion and vote on this issue.

Mel Black moved, Mack Smith seconded a motion to reconsider NCIT report information item #1 as an action item. The motion passed.

Carl Williams moved, David Monahan seconded a motion that the audition process for NCIT instructors be eliminated. The motion failed.

After discussion, the Board voted the

establishment of an interim policy authorizing staff the discretion to hire and proceed with selection of instructors as necessary to keep the NCIT going and to prepare a report to the Board on a monthly basis regarding what is going on with the NCIT.

Roy Swift moved, Helen Meeks seconded a motion to reconsider NCIT report information item #2 as an action item. The motion passed.

After discussion, the Board voted that the item be amended as follows:

The NCIT task force will prepare a formal report to the Board regarding revisions to the process of NCIT instructor training selection and evaluation.

PUBLICATIONS and COMMUNICATIONS SUBCOMMITTEE
The report of the publications and communications subcommittee contained one information item:

Information Item
1. As a result of the unavoidable and unexpected absence of subcommittee leadership, a brief meeting was held and a decision made to conduct the committee’s business by teleconference. Additional agenda items at that time will include whether to recommend placing published products in a members-only section of CLEAR’s Web site and the expansion of state and provincial legislative resources.

INTERNATIONAL RELATIONS SUBCOMMITTEE
The report of the International Relations Subcommittee contained three information items:

1. Recommend the re-establishment of an international track at CLEAR’s annual conference

2. Recommend CLEAR establishes dialogue with AACRAO (American Association of College Registrars and Admissions Officers) and NAFSA (National Association for Foreign Student Affairs) to explore developing resource materials available through CLEAR

3. Recommend continued collaboration with the Center for Quality Assurance in International Education (CQAIE)

The Board initially accepted the report as presented; however, toward the end of the meeting, the Board determined that information item #1 and information item #2 were properly action items. Accordingly, the Board further directed that information item #1 be referred to the Program Committee and that information item #2 be referred to subcommittee staff.

 

TRAINING and DEVELOPMENT SUBCOMMITTEE
The report of the Training and Development Subcommittee contained three information items:

Information items
1. The subcommittee has appointed a sub-group to review and re-tool the Board Member Training program. A second sub-group will organize the Board Member Training program for the 2000 annual conference.

2. The committee will explore the viability of a training program aimed at executive board staff.

3. The committee will explore means by which information about current trends in regulation can be made available to the membership.

EXAMINATION RESOURCES and ADVISORY COMMITTEE
The report of the ERAC Committee contained two action and one information item for the Board's consideration:

Action Items
1. That the Board of Directors officially appoint an ad hoc joint committee [ERAC and NCIT task force] with a designated chairperson and staff to help facilitate at least one conference call between January and September. As part of the process we recommend using the recently published Resource Brief
Reference Guide for Auditing a Credentialing Examination Program.

2. That a member of the Examination Resources and Advisory Committee be represented at meetings of the Education and Training committee.

Information Item
1. The Board approve a motion to develop a plan to revise and update the NCIT examinations. Since that time limited progress has occurred.

Action item #1 was approved as presented. Membership of the joint ad hoc committee includes Ron Dalrymple, Faye Lemon, Rosemary McCool, Paul Naylor, Kara Schmitt, and Anthony Zara.

After discussion of action item #2, President Guffey appointed Tony Zara as ERAC liaison to the Education and Training Committee. Linda Siderius offered to draft a Bylaws change expanding the scope of the Education and Training Committee.

PROGRAM COMMITEE
The report of the Program Committee contained one action and three information items for the Board's consideration:

Action Items
1. That the Board of Directors re-evaluate the time change of the conference after the 2000 meeting in Florida.

Information Item
1. That all committee meetings continue [to occur] on the day before the annual conference

2. 2000 annual conference theme: A Time for Change.

3. The Program Committee voted to support the new conference schedule for the 2000 annual conference.

The Board took no action on action item #1. Discussion centered on the fact that an annual evaluation process is already in place and that it will likely take more than one year to determine the suitability of the new program model. It was also pointed out that contracts are in place for the next several years using the new model.

FY 2001 BUDGET
Helen Meeks
moved, David Monahan seconded adoption of the draft Fiscal Year 2001 budget as presented. The motion passed (11 ayes; one abstention).

OTHER BUSINESS
Committee Chairs Before Board

President Guffey
sought the Board's direction on the matter of whether Committee/ Subcommittee chairs should appear before the Board in the future to present their reports in person. The members present expressed a majority preference for having the chairs appear rather than just receiving paper reports(five ayes, four nays, one "if appropriate"). President Guffey said that for the September board meeting, he will review the reports prepared by the committees and will invite chairs to appear as he deems appropriate.

President Guffey said that it is his intention for the second agenda item for the September meeting to include a "Public Comment Period" during which any interested party can approach the Board.

International Relations
The Board then amended its earlier action on the International Relations Subcommittee report (see subcommittee report above).

Public Member Task Force
The report of the Public Member Task Force contained one action item for the Board's approval:

1. Recommend that the Board of Directors consider a bylaws change to add a public (consumer) member as a full voting member to the CLEAR Board of Directors.

Roy Swift moved, Carl Williams seconded adoption of the action item. The motion unanimously passed; a bylaws change will be published for membership comment.

Election
Following discussion of when the voting booth should be open during the 2000 annual conference, given the change in meeting days, the Board voted to conduct voting on Friday from 8:00 a.m. - 12:00 noon and again from 1:00 p.m. - 5:00 p.m. (Swift).

Midyear 2001
The Board approved the President-Elect's proposed destination sites of San Diego, California (first choice) and Savannah, Georgia (second choice) for the 2001 midyear business meetings.

NCIT Subcommittee
The Board then amended its earlier action on the National Certified Investigator/Inspector Training Subcommittee report (see subcommittee report above).

Meet the Candidates
The Board directed that there be a time established to meet the candidates [for President-Elect and member of the Board of Directors] during the annual conference in Florida.

Suggested locations included the exhibit hall.

ADJOURNMENT
Linda Siderius
moved, Mel Black seconded a motion to adjourn the meeting. President Guffey thanked the Board members for participating and the meeting was adjourned at 12:00 noon Central Time.

Respectfully submitted,


Pam Brinegar