CLEAR Policies and Procedures
A printable copy of this document is available here
Strategic Issues Policy
It is the responsibility of the Board to provide the vision, direction and leadership for the organization. To fulfill this responsibility, a vision statement will be developed and reviewed every three years. In addition, the board will develop a three year strategic plan that will include goals and objectives, and is updated on an annual basis. An environmental scan will be conducted to support the strategic planning process. The budget will reflect the strategic priorities. The strategic plan will be published for the membership on an annual basis and presented during the annual conference.
Executive Director/Board Interaction Policy
The executive director will bring any issues, suggestions or alternatives to the Board of Directors that require the Board's attention.
Conflict of Interest Policy/Guidelines
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 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.
Guidelines
No member of the Board of Directors or any of its committees shall derive personal profit or gain, directly or indirectly, by reason of his or her participation with the Council on Licensure, Enforcement and Regulation (CLEAR). Each person shall disclose to CLEAR any personal interest which he or she may have in any matter pending before the organization, and shall refrain from participation in any decision on such matter.
Any member of the Board, any committee, or staff who is an officer, board member, committee member, or staff member of a client organization or vendor doing or soliciting business with CLEAR shall notify CLEAR of such affiliation. In connection with any committee or Board action which may benefit or otherwise affect that organization, he or she shall not participate in the decision affecting that agency.
No member of the Board, any committee, staff, or consultant to CLEAR may obtain any list of clients for personal or private solicitation purposes at any time during the term of their affiliation.
At this time, I am a (check all that apply):
___ Board member
___ Committee member
___ staff member
___ employee or agent of the following organization:
_________________________________________________
Board Member Removal
A member of the Board of Directors shall be removed only by a majority vote of the Board (not less than seven) for the following reasons: 1) conviction of a felony; and 2) failure to perform duties of the office. The procedure for removal of a member of the Board of Directors shall be initiated by the Executive Committee of the Board. The procedure shall: be in writing, provide for notice to an affected Board member, and provide for an affected Board member to respond.
Board Member Employment Validation
Each year, immediately following the annual conference, members of the Board of Directors shall demonstrate eligibility for continued service on the Board. A copy of the full policy and its procedures is contained in the appendix
Board Member Vacancies
A Board vacancy is filled by the candidate ranking immediately below successful candidates in the most recent election
Elections Policies
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. The Immediate Past President shall select sufficient elections officials to carry out the election procedures as approved by the Board of Directors. Elections officials shall not assist candidates seeking elective office. Elections officials shall not be candidates for seeking elective office.
All ballots must be sent by first class mail to members at least 45 days prior to the beginning of the annual meeting. Ballots may be cast either by mail or at the annual conference. Return mail ballots must be received no later than one week prior to the beginning of the annual meeting to be counted. Replacement ballots will not be issued at the annual conference.
In the case of an election tie for any elective office, the board shall vote, and board members that are candidates will recuse themselves.
Campaign Guidelines Policy
In keeping with CLEAR's mission, it is the intent of the Board of Directors to elect the organization's officers in an open and honest process. Accordingly, candidates for elective office are expected to hold their campaigns in a professional manner. Candidates for elective office are prohibited from distributing hats, buttons, banners, or any promotional materials other than letters and pamphlets. At each annual meeting candidates for elective office will: a) be issued ribbons identifying them as candidates, to be attached to their name tags; and b) be asked to attend a forum, at which members will have the opportunity to meet and question the candidates. Candidate position statements and photographs may be placed on CLEAR's Web site.
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. | |
| late June | Deadline for nominations. |
| late June | 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 July | 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. |
| August XX | Mail ballots due in CLEAR office. |
| September XX | Board Meeting |
| September XX | 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. | |
| 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 XX | 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 the Immediate Past President and shall be made available to any member of CLEAR upon request following the announcement of the results. | |
| September XX | Official announcement of election results during the annual conference. |
Voting Procedures
Policy on NCIT Offering Approval
When in staff's opinion, the basic financial requirements for offering an NCIT are met by a prospective host agency (currently 60 attendees for a Basic offering, 30 attendees for a Specialized), staff will proceed with entering into a contract on CLEAR's behalf. Staff may have the discretion to determine whether CLEAR should stand at risk for attracting the additional attendees through its routine solicitation methods. If there is a question of whether or not the financial guidelines will be met, staff may seek approval from the Board of Directors.
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 at least three 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, attractiveness of location including such items as entertainment, cost of travel, and 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, and 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, and 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.
Membership Types and Benefits
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.
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.
Policy on Special Awards
Staff will advertise in CLEAR News a Call for Nominations in the spring of each year, using the existing award criteria. Upon receipt of nominations staff will review the applications to determine if the individual/program ostensible meets the requirements and that the nomination is complete. If more than one person/agency has been nominated for any of the awards, the President of the Board will appoint an ad hoc committee to review the applications and make recommendations to the Board. If only one individual/program agency is nominated for the award no committee review will be required. The Board will receive copies of the applications and meet by conference call to make the final decision on all awards. No sitting member of the Board of Directors may be recommended for a CLEAR award.
Special Awards and Procedures
Investigator of the Year Award: recognizes an investigator in occupational and professional regulation who has demonstrated exceptional performance in a particular case and a history of excellent performance beyond what is expected or required. Nominees must be employed by a CLEAR member (individual or agency) and nominated and approved by their board, commission or agency head.
Member Achievement Award: recognizes an individual CLEAR member who has made an outstanding contribution enhancing occupational and professional regulation. The nominee shall have shown exceptional leadership, vision and creativity above and beyond the regular functions of the job.
Program Award: recognizes a program or agency concerned with occupational and professional regulation that enhances the regulatory process. Nominations must demonstrate vision, creativity and results beyond what is normally expected or achieved. Nominees may or may not be CLEAR members.
Service Award: recognizes an individual who has made an outstanding contribution of service and commitment to CLEAR over a significant period of time. Nominees must be affiliated with a CLEAR member organization or be an individual member of CLEAR.
Recognition Award: recognizes an individual who has contributed to a broader understanding of regulatory issues, encouraged reconstructive change, or otherwise enhanced the quality of professional and occupational regulation. Nominees should not be CLEAR members and may include consumer advocates, journalists, legislators and others.
Special Awards Timeline
| February | Notice in CLEAR News |
| President's Call for Nominations | |
| late March | Reminder: Second Call for Nominations |
| mid-May | Deadline for Nominations to CLEAR Office |
| late May | Staff distribution of Nomination Materials to Committee |
| mid-June | Award Recipients Conference Call |
| late June | Proposed Award Recipients to Board for Approval |
| late June | Board Response due to CLEAR Office |
| mid-July | Conference Program Citation Texts completed |
| mid-July | Text forwarded to Board Liaison for review |
| mid-July | Approved Program Text due in CLEAR Office |
| late July | Program Awards Citation Text to Printer |
Policy on External Funding Relations
CLEAR carries out its mission and purpose through programs and projects such as conferences, services, publications and research. To accomplish specific projects, e.g. an annual conference, it is CLEAR's policy to permit staff to accept public and private contributions to such projects consistent with its mission and purpose in accordance with the following guidelines. In cases where, in staff's judgment, a contributor or a contributor's project or program is not obviously consistent with CLEAR's mission and purpose, CLEAR's Executive Committee makes the final determination.
Guidelines for Program and Project Sponsorship
Endorsement and Influence
CLEAR's acceptance of funds from any source is not regarded as an endorsement by CLEAR or the members of its Board of Directors of any activities of the granting organization. Under no circumstances will any external funding source have any editorial control or influence on CLEAR activities, nor will acceptance of funds from such sources involve any other relationship that could present an actual conflict of interest or have the appearance of a conflict of interest. External funding sources may make no representations involving the use of CLEAR's name or logo without the express permission of CLEAR.
Advisory Groups and Committees
CLEAR may establish project or program advisory groups consisting of both public and private interests except as prohibited by the Bylaws. Any committee, task force or other consortium representing public and/or private sector interests and formed to interact with CLEAR staff and leadership will have an advisory or informational role only.
Presentation of Information and Recommendations
Any information developed by, or recommendations prepared for, participating public and private sector sources and submitted to CLEAR will be accepted by staff with the understanding that such information or recommendations are advisory or informational to CLEAR's role as an information clearinghouse.
Publications
Unless otherwise provided, joint publications of CLEAR and a sponsoring entity are permitted when authorized by both parties. When such publications are appropriate to the needs of CLEAR's members, they will be encouraged and will be considered the property of CLEAR. The information contained in sponsored publications will be made readily available to CLEAR's constituents and other private or public sector agencies to the extent that CLEAR deems this to be desirable.
Sponsored Project Staff
Unless otherwise provided, any public and/or private sector funding source shall agree, in writing, to waive all rights as to the final selection of staff, and to the contents, findings and recommendations of any publication prepared by CLEAR staff for any program or project sponsored by that funding source. Staff, in consultation with the Executive Committee, shall determine the value of in-kind contributions.
A policy on annual conference sponsorship provides a supplement to this policy.
Project Selection Criteria
Credentials of staff/researchers--assuming that staff will conduct the research, this item is used to assess how well the petitioned agency will review the staff's credentials for the proposed subject.
Feasibility--no matter how well all other items match up, some projects are so big or so ambitious that they may be beyond the scope of the organization to perform.
Fundability--rate high if a known funding source exists (for example, a request for proposal (RFP) or notice in the Federal Register has occurred, or conversations with the funding source indicate availability). Important Note: wishing that funds were available does not make it so!
Increased profile for CLEAR--this means that CLEAR would become better known and respected, and would attract a wider audience if this work were done.
Interest of review body in subject--this means that a review body is in fact interested in the subject of the research proposal.
Need within the states--the states (membership) agree that the research results are indeed needed.
Staff preparedness--it can take a lot of effort to prepare a proposal. If the staff has already researched the proposal topic for other reasons, this enhances the likelihood that a good proposal can be prepared in a timely manner.
Each of these criteria is rated from 1 (low interest, feasibility, etc.) to 5 (high rating). Other criteria can be added. For example, criteria that address short-term v. long-term need could be added. Only the very top item(s) should even be considered for potential projects. To do otherwise could result in a drain on the association's modest resources.
This system works well for the sorts of opportunities that can be planned in advance, but does not allow for "hot" opportunities that cannot be planned for, such as a sudden opportunity from a federal agency. Staff must be able to respond quickly to these opportunities quickly and for these situations, the Executive committee may act to approve proposal development.
Policy on Annual Conference Sponsorship
CLEAR solicits both corporate and public sector financial support for its annual conference in an effort to provide the highest quality conference for participants. Host state agencies are encouraged to assist in identifying conference sponsors; however, they may not use CLEAR's name or logo without the express permission of CLEAR. A sponsor may submit speaker and session topic recommendations to CLEAR, but selection of such topics and speakers is made by CLEAR's Program Committee in conjunction with staff .
Levels of Contribution
The three levels of corporate sponsorship for cash and in-kind contributions, together with the amenities the corporate sponsor receives, are as follows:
| Contributor | Contribution $750 - 999 | |
| Amenities include program acknowledgement and (for $750 and over) one complimentary conference registration. | ||
| Sponsor | Contributions between $1,000 - 1,999 | |
| Amenities include program acknowledgement, one complimentary registration for every $750 given and inclusion of sponsor-provided promotional material in attendee packets. | ||
| Patron | Contributions above $2,000 | |
| Amenities include program acknowledgement, one complimentary registration for every $750 given and inclusion of sponsor-provided promotional material in attendee packets. | ||
In addition, supporters of specific events or activities are recognized by signs in or near the sponsored event and general supports are recognized by means of a sign near the registration area.
The National Certified Investigator/Inspector Training (NCIT) Program
NCIT policies and procedures are available in a separate handbook prepared for members of the NCIT Subcommittee, which has program oversight.
CLEAR Consulting Services Policy
Whenever an application for approval of an individual to be a CLEAR consultant is received, the President will appoint within 30 days an ad hoc committee of CLEAR members with expertise in the appropriate area to review and recommend action on the applications. CLEAR may not publish a list of its consulting service consultants.
Publications Policy
A formal working relationship is established between the publications committee and the Board of Directors:
The Publications Committee
The Board of Directors
One copy of each publication is made available free of charge to all CLEAR members in good standing, except in cased where the Board has approved otherwise. Outside funding is to be sought for publications, with CLEAR maintaining editorial control over the publications, which are to be noted as CLEAR publications. All CLEAR publications should bear explanatory information about CLEAR.
CLEAR Leadership and Executive Director Duties
Leadership Duties
Duties of the Board of Directors
* 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
Duties of the President
Duties of the President-Elect
*Bylaws Article IV, Section 2(e)
Duties of a Committee Chair
Staff Duties
Duties of the Executive Director
(Board January 16, 1999)
Other, general: