DRAFT MINUTES
CLEAR BOARD OF DIRECTORS
Miami, Florida
September 14, 2000

CALL TO ORDER
President Jim Guffey welcomed the members of the Board of Directors and the audience to the meeting. He said that since there were audience members who wished to approach the board, he wold like to hear first from those individuals and then turn to the business of receiving committee reports.

PUBLIC COMMENT PERIOD
In response to the publicly advertised opportunity for members to approach the Board of Directors, Norman Hertz, Manager, Office of Exam Resources, California Department of Consumer Affairs, expressed concern about a member of leadership who may be using his or her status as a member of CLEAR's Board of Directors as a primary professional identification at national meetings, etc.

President Guffey said that this same issue had been raised by a member earlier in the year and brought to the Board during its June 29, 2000 teleconference. He said that, during the teleconference, board members were reminded that they must be invited by the President to represent CLEAR before using their CLEAR board member status as their primary designation in a public forum. He thanked Mr. Hertz for his comments and his concern about the organization and took the opportunity to remind the board members of their obligation to use the professional affiliation that justifies their service on the board as their primary public identification.

President Guffey then turned the chair over to Linda Siderius so that he could make a brief appearance in the annual Orientation to CLEAR session.

CQAIE
Marjorie Peace Lenn, Executive Director of the Center for Quality Assurance in International Education, approached the board to remind the members that the definitions of both education and training as we now know them will be redefined by the World Trade Organization at the end of the current month, as the trade agreement negotiations proceed. These changes, she pointed out, will affect how we all do business and she asked the Board to consider strengthening its international component and sharpening the focus of its international subcommittee. She also thanked CLEAR for its co-sponsorship of CQAIE's annual conference for the past three years and said that she looked forward to a continuation of that relationship. President Guffey, who had returned to the board meeting, reassumed the chair and thanked Ms. Lenn for her willingness to speak to the importance of current international developments for the field of professional regulation.

BYLAWS
Proposed Central Agency Administrators Special Committee
The ad hoc Central Agency Administrators Special Interest Group had petitioned the Board of Directors in May to approve a change in its status to Special Committee. During its June 29 teleconference, the board had deferred until its annual business meeting a decision on whether to advertise this request as a bylaws change to the membership. Representatives of the group were invited to speak to the Board on this matter and, in response, Russell Friedwald, Jack Kotvas, Harry Loleas, and Randy Singer personally requested the board to look favorably on the petition. A motion was passed to

put the central agency bylaws change out for public comment (Hahn/Laws). The change read:

ARTICLE VI, Section 6
The Central Agency Special Committee (CASC) shall consist of at least one person from each state, province or district that has a central agency which administers professional and occupational regulation. The head of each such agency or his/her appointee shall be a member. CASC shall meet at each annual meeting of the Council on Licensure, Enforcement and Regulation and at least once more during each calendar year.
The functions of this Special Committee are to
(a) make recommendations to the Board of Directors;
(b) provide a forum for issues unique to central agencies;
(c) elect each year from the CASC membership a chair, vice-chair and secretary;
and
(d) establish task forces to explore various common interests and issues.
Current Article VI, Section 6 renumbered as Section 7.

Proposed Public Member Board Position
The following proposed Bylaws change had been distributed for membership comment twice between January and July 2000. the second distribution was to clarify the intent of the proposed change:

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 and one of whom shall be a public member who is part of a regulatory board. Board members who experience a change in status and who remain members of CLEAR may serve the remainder of their terms.

A motion was made and seconded to

approve the bylaws change to add a public member designation to the CLEAR board of Directors

(Swain/Swift) and failed.

ADOPTION OF MINUTES
Approved the minutes of the June 29 2000 teleconference as presented (Black/Monahan).

Approved the minutes of the September 5, 2000 teleconference as presented.

COLLABORATIVE ORGANIZATIONAL RELATIONSHIPS
President Jim Guffey reported that during his presidency, an exchange had been opened with two organizations for purposes of exploring cooperative training and certification. The organizations he had personally contacted were the Association of Real Estate License Law Officials (ARELLO) and the National Association of Contractor Investigators (NACI). He suggested that there might be other groups with which CLEAR should open a similar dialogue.

Mel Black suggested the Association of Appraiser Regulatory Officials (AARO) as a likely candidate and President Guffey appointed Mr. Black as CLEAR's liaison to AARO.

POLICIES AND PROCEDURES
Draft Conflict of Interest Guidelines
The Board considered two draft conflict of interest guidelines intended to accompany its recently adopted conflict of interest policy and

approved version #2 for disclosure of interest guidelines (Siderius/Smith). The text of the adopted version reads:

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:

_________________________________________________

EDUCATION AND TRAINING COMMITTEE
Reports were received from all four Education and Training Subcommittees.

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

Action Item:
1. That the Board approve funding to hire a consultant to review the NCIT Basic and Specialized curriculum and training manuals, in collaboration with the NCIT Subcommittee.

Mack Smith moved, Mel Black seconded a motion to approve action item #1. Following the acceptance of a friendly amendment by Linda Siderius, the Board approved the following:

That staff solicit proposals and bids to have a consultant review and revise the NCIT Basic and Specialized curriculum and training manuals, in collaboration with the NCIT Subcommittee by January 2001.

Ms. Siderius then moved to

accept the remainder of the NCIT Subcommittee report, the reports from the Training and Development, the International Relations, and the Publications and Communications Subcommittees, as well as the Program and the Examination Resources and Advisory Committees.

The motion passed.

Information Items
1. Approved the curriculum revision for the Advanced Evidence specialized NCIT module.

2. Approved the curriculum revisions for the NCIT basic modules Principles of Evidence and Principles of Administrative Law and the Regulatory Process.

3. Approved the revised timeline for the NCIT basic program.

4. Approved the revised instructor application forms for the NCIT basic and specialized programs.

5. Any practical exercises or case scenarios, including the objectives and suggested outcomes, as well as any audio-visual aids used by Basic and Specialized instructors for existing modules, should be provided to staff for inclusion in the curriculum and instructor manual.

6. Approved the revised instructor evaluation policy.

7. Received a report on the development of an NCIT examination bank from the exam-writing working group. This included the suggestion that all questions will be reviewed, and revisions made by the time of the mid-year meeting in San Diego.

Training and Development
The report of the Training and Development subcommittee contained one action and two information items for the Board's consideration:

Action Item
1. That the Board Member Training be organized as follows: (1) the training be held in the morning on the first day of the conference; (2) more advanced content be spread throughout the conference; (3) a roundtable be held towards the end of the conference as a wrap up for new board members; and (4) a nominal fee will be charged for the new board members training, but pre-registration would be required.

Information Items
1. That, where possible, the program identify whether the content of each session is basic, intermediate, or advanced.

2. The subcommittee welcomes the opportunity to work on the prospective leadership training offering.

International Relations Subcommittee
The report of the International Relations Subcommittee contained two information items:

Information Items
1. The subcommittee would like to provide an advisor to the Program Committee in the early draft stage of the annual conference program committee to ensure an international element/perspective to the conference as a whole.

2. All session descriptions should contain a closing statement that describes the nature of sessions in terms of applications: who should attend each session (is it appropriate for international attendees, board members, etc.?).

Publications and Communications Subcommittee
The report of the Publications and Communications Subcommittee contained one information item:

Information Item
1. The Publications and Communications Subcommittee recommends modification of the Resource Briefs review cycle to provide:

- Elimination of the name and institutional identity of the author(s).

- A brief synopsis of author affiliation and background.

- Agreement from author(s) that Resource Briefs is submitted only to CLEAR and will not be offered elsewhere until CLEAR review is complete.

- Publications subcommittee review of Resource Briefs will be completed within four months of initial receipt of all materials submitted for review.

- Reviewers will agree to non-disclosure of the contents of proposed Resource Briefs to protect confidentiality of the review process and the rights of the author(s).

EXAMINATION RESOURCES AND ADVISORY COMMITTEE
The report of the Examination Resources and Advisory committee contained four information items:

Information Items

- ERAC will solicit mailing lists from identified groups to inform people of CLEAR Exam Review and to solicit subscriptions.

- ERAC will survey its members regarding priorities of topics for future publications. A report on the survey will be made at the midyear meeting in San Diego.

- the ad hoc ERAC/NCIT task force needs a chair. No action has been taken since it was first appointed in January. A conference call should be convened before next January.

- ERAC requests that the role of its liaison to the Education and Training Committee be clarified. Can the liaison be on the agenda to report? This is not in place yet.

PROGRAM COMMITTEE
The report of the Program Committee contained five information items:

1. Each plenary session is to be coordinated by a working group with at least one representative from each of the program planning tracks.

2. No individual may coordinate more than one program session unless specifically requested by the Program Chair to do so.

3. To be labeled as "international," a session must be broader in scope than North America.

4. Once the deadline for submitting session speaker information is passed, program subcommittee chairs will assume responsibility for finalizing uncompleted sessions, delegating the remaining tasks as appropriate.

5. Coordination of a session presented at the call (for proposals) that is accepted for the program should be offered to the original proposer or to those persons who proposed similar proposals. They should be offered the opportunity to coordinate or participate in the session.

ELECTION
The Board modified its elections policies to permit a single elections official to be present in the voting booth along with staff assigned to the process.

It directed the minutes to reflect that Ron Weaver, a long-time active CLEAR member and candidate for the office of 2000-2001 President-Elect had to withdraw from the race.

President Guffey told the Board members that it is up to CLEAR's leadership to identify and bring along potential candidates for organizational office.

SITE SELECTION
Site Selection liaison Mel Black reported that CLEAR has annual conference hotel contracts for the next five years: San Antonio Texas, 2001; Las Vegas, New Mexico, 2002; Toronto, Ontario, 2003; Kansas City, Missouri, 2004; and Phoenix, Arizona, 2005. On its June 29, 2000 teleconference, the Board directed that staff refrain from soliciting another annual conference site for another two years.

OTHER BUSINESS
President-Elect Lisa Hahn recommended that the Board reconsider its recent Bylaws change under which the President-Elect appoints committee vice-chairs. President Guffey agreed that the new system was awkward and, after discussion, the Board directed that the following Bylaws change be placed before the membership for comment:

Amend ARTICLE IV, Section 2(b)(3)

[The President shall appoint] Chairs and Vice-Chairs of all committees. in the event of vacancies in such positions appointed by the President-Elect.

Delete ARTICLE IV, Section 2(e)(7)

[The President-Elect shall] immediately following the election, appoint committee vice-chairs who will succeed to positions of committee chairs.

Roy Swift asked whether the Board ListServe is considered confidential since some comments he had made on the mailing list has been distributed beyond the members of the Board of Directors. President Guffey commented that the business of the CLEAR Board of Directors is public business, unless a closed session is called for the reasons specified in the Bylaws.

ACKNOWLEDGEMENTS
President Guffey thanked board members Mel Black and David Monahan whose terms expired with this meeting for their years of service to CLEAR. He thanked Immediate Past President Linda Siderius for leading the organization so capably during her presidency and for providing him with counsel during his. He also thanked staff for helping keep thinks on track. Ms. Siderius presented President Guffey with a plaque in recognition of his service as CLEAR 1999-2000 CLEAR President.

ADJOURNMENT
There being no further business before the board, a motion to adjourn was seconded and passed.

Respectfully submitted,

Pam Brinegar