Duties of the Board of Directors
establish the governing policies and procedures for the management and operation of CLEAR*
produce written policies which will guide CLEAR's administrative operation, committees, membership participation, elections, and awards programs.
receive and review reports on policy compliance at intervals established by the Board and regularly review all policies for their currency and usefulness to CLEAR's mission
develop long-range policies and strategies for CLEAR, including financial*
adopt an annual operating budget for CLEAR*
meet at the annual meeting and at least one other time during the year*
direct the use of the CLEAR name, logo or other indicia*
establish membership dues and assessments*
exercise such other powers as are generally consistent with these Bylaws*
act as the link between the CLEAR membership and its staff
* Bylaws Article III Section 2. Note: the Board has expressed support for the concept that the duties of a board member and the president should be expanded to include components that reflect the outreach and inclusiveness of CLEAR:
Duties of a Board Member
be informed about the organization's mission, services, policies and programs
participate fully in board meetings
support and promote the Board's policies and procedures
review agenda and supporting materials prior to board and committee meetings
participate fully in committees
participate fully in the annual conference and related events
carry out special assignments as requested by the board president
observe the legal responsibilities of duty of loyalty and duty of care to the organization (see orientation manual for both statements)
understand the responsibilities of the board (see board duties)
promote CLEAR and its offerings within own jurisdiction
be prepared to answer questions about what CLEAR is and what its programs are
complete all assigned tasks in a timely fashion
recognize, participate in and promote opportunities to further CLEAR's mission
Duties of the President
act as the organization's spokesperson
oversee board and executive committee meetings
serve as an ex-officio member of all committees
work in partnership with the executive director to carry out board directions
call special meetings if necessary
coordinate ongoing board self-assessment (with the executive director)
in accordance with the bylaws, appoint committee chairs and members
work with executive director to prepare agenda for board meetings
work with executive director to conduct new board member orientation
report to the membership at the annual meeting CLEAR's accomplishments during the past 12 months
oversee searches for a new executive director
coordinate executive director's annual performance review
work to recruit new board members
Duties of the President-Elect
serve as the treasurer*
perform such duties as may be assigned by the President or the Board of Directors*
serve as President during the membership year following his/her term as President-Elect*
succeed the President and complete the President's term of office in the event the President should resign or otherwise be unable to serve*
in the case of temporary disability or absence of the President, perform and be vested with all the powers and duties of the
President*
in the event the President-Elect becomes the President pursuant to the provisions of Article IV Section 2(e)4, s/he shall also serve the full term of office to which s/he was initially elected*
select the site of the midyear business meeting with the advice and consent of the Board of Directors. When making the site selection, consideration is to be given to: 1) dates allowing maximum member attendance, 2) easy access by air travel, 3) reasonable hotel room rates, and 4) effective overall meeting cost (September 3, 1997).
*Bylaws Article IV, Section 2(e)
Duties of a Committee Chair
carry out the directives established by the Board and the bylaws in a manner consistent with CLEAR's mission
establish appointed committee's semi-annual business meeting agenda
preside over the business of appointed committees during meetings
report results of committee meetings to the Board of Directors
perform interim tasks, such as scheduling conference calls, writing to committee members, etc., in order to advance the business before the committee
work with assigned committee staff person
Elections Policy
The Board shall oversee a nominations and elections process for members of the Board of Directors and its President-Elect., in accordance with Bylaws Article 3, Section 3 and its current procedures and timeline. The immediate past president shall serve as Board-staff liaison for this process.
Election Procedures and Timeline For Members of the Board of Directors and the President-Elect
March First solicitation of nominations placed in CLEAR News.
June Second solicitation of nominations placed in CLEAR News.
Final solicitation faxed to CLEAR members.
mid-July Deadline for nominations.
mid-July Staff contacts individuals nominated regarding willingness to stand as candidates.
Staff prepares a draft ballot with candidate names and a 100 word maximum description of each for his or her review.
early August Mail ballots sent first class mail to all regular and associate members observing the following procedures: The envelope containing the materials will carry the notations "Election Materials Enclosed" and "Please Circulate to the Appropriate Person." The enclosed election materials will consist of four things: 1) a ballot with candidate and office information, but no place for identification of the voter; 2) information on the number of Board vacancies; and 3) an inner return envelope with no identification of the voter; and 4) a pre-addressed outer return envelope marked on the front with the date by which the ballot must be postmarked, and on the back with the voter identification (name, address, voter number) and signature line.
September Mail ballots due in CLEAR office.
September Board Meeting
September - On-site voting for at least 8 hours as designated by the Board
Individuals casting votes must sign a roster containing the names of eligible members/agencies, the number of ballots to which each is entitled, a space for the signature of the individual(s) voting for each
Oversight of conference procedure by the immediate past president or election officials
Ballots are to be deposited in the ballot box in the care of the election officials and located in the voting booth
September Election officials count votes (both mail and on-site). Following the counting of the ballots, they shall be sealed and maintained at CLEAR headquarters until the results of the next election are completed. A summary of the results will be maintained in the CLEAR office and shall not be destroyed along with the ballots.
The immediate past president or election officials will notify the President and all candidates for office of the election results prior to the public announcement. Notification shall be in writing and, in addition, every effort shall be made to notify candidates in person.
Numerical results of the election shall be provided to the President by responsible Board members (or designees) and shall be made available to any member of CLEAR upon request following the announcement of the results.
September Official announcement of election results during the annual conference.
Site Selection Policies
Staff is to identify one or more desired cities for the annual meeting and the Board, upon approval of the site, shall direct staff to make arrangements in the desired city. Support from CLEAR member agencies in the selected state will be solicited and encouraged, but will not be a prerequisite for selection of a desirable site. The annual conference site selection window is to be six years. Conflicts with religious or other major holidays shall be avoided in scheduling annual conferences . The president shall appoint
a board member to serve as Board-staff liaison for this process. Sites are selected using the following criteria:
Location: geographic pre-selected region; accessibility by air; and attractiveness of location including such items as entertainment, cost of travel, general activities available. Hotel: single property hotel with sufficient sleeping rooms to accommodate projected attendance preferred but not required; sufficient space for meetings, exhibits, training and other activities; proximity to entertainment, shopping, attractions and restaurants; acceptable sleeping and meeting room rates. Support (Host Agency or Convention Bureau); pre-meeting planning; solicitation of sponsors and facilities; level and cost (if any) of assistance; host state projected attendance
Membership Policy
The Board shall oversee membership activities related to categories, recruitment, retention, benefits, dues and assessments. The president shall appoint a board member to serve as Board-staff liaison for this process.
Membership: Staff will report to the Board of Directors any recommended changes in membership categories to be considered as Bylaws changes.
Recruitment: Staff will develop and implement a recruitment plan as directed by the Board, which will include outreach to various communities of under-represented stakeholders.
On an annual basis, staff will review recruitment materials to ensure their currency and accuracy and make necessary changes.
Following the annual conference, staff will contact all nonmember attendees to encourage their membership in CLEAR.
Retention: Staff will prepare a membership report comprised of at least the following: listing of members by category, the number of members invoiced, and an indication of whether dues have been paid; a comparison of current year v. past year dues revenue; and other information as requested by the Board.
Staff will submit the above-mentioned membership report to the Board of Directors for review at its annual midyear
meetings.
Benefits: Staff will report to the Board any recommended changes in member benefits.
Dues and Assessments: Staff will report to the Board any recommended changes in the dues structure.
Staff will report to the Board any recommended special assessments of members.
CLEAR offers two types of membership. Regular membership is open to all governmental agencies concerned with professional and occupational regulation; other approved jurisdictions; individual employees or officials of government agencies concerned with professional and occupational regulation; and national associations of state professional and occupational licensing boards. Associate CLEAR membership is open to approved non-governmental organizations; individuals representing an organization not eligible for regular membership; and private individuals who have a personal interest in occupational and professional regulation.
Membership benefits include reduced rates on CLEAR products and services, voting rights, publications, and participation on CLEAR committees. The membership year goes from July 1 to June 30; membership benefits lapse for unpaid members on August 1 of each fiscal year.
Finance Policies
The Executive Director shall present the Board with budgets and quarterly financial reports prepared in accordance with generally accepted accounting procedures as well as with current Board directives. The president shall appoint a board member to serve as Board-staff liaison for this process. CLEAR's financial goals are established to pursue aggressively those financial ventures that will allow the enhancement of CLEAR's mission statement. Beginning from FY98, CLEAR's budget must produce reserves of 10% of the annual budget for the purposes of developing minimal reserves of 50% of one year's operating expenses.
The Executive Director shall report to the Board on a quarterly basis on each of the following points and shall take every reasonable measure to prevent their occurrence
Expenditure of more funds in a given fiscal year than have been received
Organizational indebtedness greater than can be repaid within 60 days
Failure to settle payroll and other debts in a timely manner
Failure to timely or accurately file any government-ordered report
Expenditure or commitment of funds greater than $25,000 for a single item, except for those expenditures necessary for CLEAR sponsored educational meetings
Failure to make reasonable attempts to collect accounts receivable
Obligation for an annual conference host state event without a sound "pay as you go" financial plan in place
Failure to insure against theft and casualty losses to at least 80% of replacement value
Maintain insufficient controls for receiving, processing or disbursing funds to meet an independent auditor's standards
Invest or hold operating capital in insecure instruments, including uninsured checking accounts and bonds of less than AA rating, or in non-interest bearing accounts except where necessary to facilitate ease in operational transactions
Changing the Executive Director's own compensation without the President's approval
Establish current compensation and benefits that deviate materially from the geographic or professional market for the skills employed
Failure to maintain a current, comprehensive personnel policies and procedures manual
The acquisition, encumbrance or disposition of real property without consulting the Board