ALPHA M. BRADY
Senior Associate Executive Director Chief Governance Officer
AMERICAN BAR ASSOCIATION 321 North Clark Street
Chicago, Illinois 60654-7598
(312) 988-5155
FAX: (312) 988-5153
M E M O R A N D U M
TO: Section and Committee Chairs
Presidents and Executive Directors of State and Local Bar Associations
House of Delegates
ABA Senior Managers, Directors and Staff Liaisons
FROM: Alpha M. Brady
SUBJECT: Summary of Action of the June 10-11, 2016, Board of Governors Meeting
DATE: June 17, 2016
Attached is the Summary of Action of the June 10-11, 2016, meeting of the Board of Governors held at the American Bar Association Offices, Chicago, Illinois. This Summary does not constitute official Minutes of the meeting. Minutes of the meeting will be presented to the Board for approval at its next meeting in August, 2016.
If you have any questions with respect to the action taken, please do not hesitate to contact me.
cc: Board of Governors
BOARD OF GOVERNORS
SUMMARY OF ACTION
American Bar Association Offices
Chicago, Illinois
June 10-11, 2016
1. REPORTS OF OFFICERS AND THE EXECUTIVE DIRECTOR
The Board received the reports of the President, President-Elect, Chair of the House of Delegates, Immediate Past President, Secretary pro tem, Treasurer and Executive Director. The minutes of the Board’s February 5, 2016 meeting were approved. The minutes of the Executive Committee’s meetings on February 3 and 29 and April 4 and 19, 2016 were received.
Memorial resolutions were adopted for Roy A. Hammer, Esther F. Lardent, and Robert MacCrate, former members of the Board of Governors.
The Board, sitting as members of the Board of the American Bar Association Fund for Justice and Education (“ABA/FJE”): a) approved the minutes of the February 5, 2016 meeting of the ABA/FJE Board as presented; and b) accepted the ABA/FJE restricted grants and contributions received or awarded through March 31, 2016, and not previously reported, as requested by the Association’s Financial Services Division.
The Board, sitting as members of the National Judicial College (“NJC”) elected Norma Barnes-Euresti of Battle Creek, Michigan; Senator Richard Bryan of Las Vegas, Nevada; Robert Hunter of Birmingham, Alabama; and Robert Parks of Miami, Florida; as NJC representatives on the NJC Board of Trustees, all four representatives' terms to begin at the conclusion of the 2016 NJC Annual Meeting and end at the conclusion of the 2019 NJC Annual Meeting.
2. MATTERS FOR DIRECT BOARD ACTION
2.1 Reports from Committee Chairs
The Board received reports regarding the work of the Board Committees from Robert T. Gonzales, Chair of the Operations and Communications Committee; Pamela C. Enslen, Chair of the Program, Evaluation and Planning Committee; and William R. Bay, Chair of the Finance Committee.
2.2 Recommendation from Board Governance Committee to Restructure Board Committees
The Board received a report from Jimmy Goodman, Chair, Board Governance Committee, and approved the request to restructure the Board committees creating four committees.
2.3 Report from Standing Committee on Audit
The Board received a report from Alice E. Richmond, Chair, Standing Committee on Audit, regarding the work of the Standing Committee on Audit.
2.4 Report and Request Regarding ABA Leverage
The Board received a report from Barbara J. Howard, Chair, Standing Committee on Meetings and Travel, Martin D. Balogh, Associate Executive Director, ABA Meetings and Travel Group, and Sue Lupori, ABA Leverage Manager, regarding ABA Leverage.
2.5 Reports from ABA Treasurer G. Nicholas Casey, Jr.
In executive session, the Board received reports from ABA Treasurer G. Nicholas Casey, Jr. regarding the state of Association finances and sustainability.
2.6 ABA Insurance
In executive session, the Board received a report from Jack L. Rives, Executive Director and Chief Operating Officer, James Dimos, Deputy Executive Director, Jarisse J. Sanborn, ABA General Counsel, and JoAnn Coughlin, Vice President, USI Affinity, regarding ABA Insurance.
2.7 Consent Calendar: Report of Board Committee Chairs
The Board adopted the Consent Calendar (with the exception of 3.5a, 3.9a, and 3.11) as presented by the Secretary pro tem. Action on all items contained on the Consent Calendar is set forth in items 3 through 5 of this Summary of Action relating to the reports of the Board Committees.
2.8 Report from Commission on Diversity and Inclusion 360
The Board received a report from Eileen M. Letts, Co-Chair of the Diversity and Inclusion 360 Commission, regarding the work of the Commission on Diversity and Inclusion 360.
2.9 Report from Section of Litigation
The Board received a report from Steven A. Weiss, Chair, Section of Litigation, regarding the work of the Section of Litigation.
2.10 Report from National Judicial College
The Board received a report from Chad C. Schmucker, President, National Judicial College, regarding the work of the National Judicial College.
2.11 Report from Commission on the Future of Legal Services
The Board received the written report from William C. Hubbard, Immediate Past President, regarding the work of the Commission on the Future of Legal Services.
WRITTEN INFORMATIONAL REPORTS
None
OPERATIONS AND COMMUNICATIONS COMMITTEE
A. MATTERS FOR REVIEW BY THE BOARD
3.1 Requests for Bylaw Amendments
a. The Board approved the request of the Section of Administrative Law and Regulatory Practice to amend its bylaws to require in-person attendance at all Council Meetings of the Section except by permission of the Section Chair and to clarify language regarding quorum when a Council member participates by telephone or electronic means, subject to approval by the Section’s membership at the ABA 2016 Annual Meeting.
b. The Board approved the request of the Law Student Division to amend its bylaws to restructure its governance, subject to approval by the Law Student Division Assembly at ABA 2016 Annual Meeting. The current 23 member Board would be restructured to a Council of 7 Officers, funded for travel coinciding with the Midyear and Annual meetings and the Section Officers Conference. In addition, the 15 Circuit Governor positions would be eliminated.
3.2 Nominations
a. American Arbitration Association National Construction Dispute Resolution Committee
The Board re-elected Donald G. Gavin of Vienna, Virginia as the ABA representative to the American Arbitration Association National Construction Dispute Resolution Committee beginning retroactively on November 1, 2015 and concluding November 1, 2018.
b. ABA Journal Board of Editors
The Board elected Kathleen J. Hopkins to a three-year term as Chair of the ABA Journal Board of Editors to begin at the conclusion of the ABA 2016 Annual Meeting and expire at the conclusion of the ABA 2019 Annual Meeting. In addition, the Board elected Katherine H. O’Neil of Vancouver, Washington and Richard L. Field of Cliffside Park, New Jersey as members of the ABA Journal Board of Editors for three-year terms each beginning at the conclusion of the ABA 2016 Annual Meeting and expiring at the conclusion of the ABA 2019 Annual Meeting.
c. Standing Committee on Audit
The Board elected Maryann E. Foley of Anchorage, Alaska for a three-year term to fill the position for a member of the 2019 ABA Board of Governors class and elected Mark A. Robertson of Oklahoma City, Oklahoma for a three-year term on the Standing Committee on Audit. Both terms would begin at the conclusion of the ABA 2016 Annual Meeting and expire at the conclusion of the ABA 2019 Annual Meeting.
d. Board of Elections
The Board elected Hon. Carol Hunstein, Justice of the Supreme Court of Georgia, as Chair of the Board of Elections; and Robert Blumberg of Coral Gables, Florida and Denley Chew of New York, New York to serve as members on the Board of Elections for terms beginning at the conclusion of the ABA 2016 Annual Meeting and expiring at the conclusion of the ABA 2017 Annual Meeting.
e. A-E-F-C Pension Plan Administration Committee
The Board elected Alan S. Rachlin of New York, New York for a three-year term on the A-E-F-C Pension Plan Administration Committee beginning at the conclusion of the ABA 2016 Annual Meeting and expiring at the conclusion of the ABA 2019 Annual Meeting. Furthermore, the Board elected Joseph Roszkowski of Cumberland, Rhode Island to complete Timothy W. Bouch’s unexpired term beginning at the conclusion of the ABA 2016 Annual Meeting and expiring at the conclusion of the ABA 2018 Annual Meeting. The recommendation will be made to the Committee that Allen C. Goolsby be re-elected as Chair.
f. A-E-F-C Pension Plan Administration Committee
The Board elected Peter Bennett of Boston, Massachusetts as the National Judicial College representative to the A-E-F-C Pension Plan Administration Committee beginning at the conclusion of the ABA 2016 Annual Meeting and expiring at the conclusion of the ABA 2019 Annual Meeting.
3.3 Awards
a. The Board approved the request of the Tort Trial and Insurance Practice Section to establish the ABA Tort Trial and Insurance Practice Section Aviation and Space Law Committee Law Student Writing Competition.
b. The Board approved the request of the Section of Antitrust Law to establish the ABA Antitrust Section Intellectual Property Committee Student Essay Contest from FY 2017 through FY 2020, with the understanding that all costs associated with the contest would be covered by Section funds.
c. The Board approved the request of the Standing Committee on Pro Bono and Public Service to present a “Special Pro Bono Publico Award” in memory of Esther F. Lardent’s at its ABA Pro Bono Publico Awards luncheon during the 2016 Annual Meeting in San Francisco.
3.4 Request from ABE for Exception to ABA Email Address Policy
The Board approved the request to grant the American Bar Endowment (“ABE”) a one year exception to the email policy which would allow ABE to promote its plans to ABE's members via the ABA’s email distribution system, with certain stipulations.
3.5 Requests from Standing Committee on Membership
a. The Board approved the request to add Athene Annuities to the ABA Advantage program for one year with the option to renew.
b. Dues Pilots for 2017
The Board approved the request to create a free pilot rate for international LL.M. students not already admitted to practice in the U.S. and a pilot rate of $150 for inactive lawyers and/or those who practice law less than 20% of the time.
3.6 Request from Law Student Division to Reimburse Law Student Division Board of Governors for 2016 Annual Meeting
The Board approved the request of the Law Student Division (“Division”) for partial reimbursement of expenses, up to a maximum of $46,000, incurred by members of the Law Student Division Board of Governors for attendance at Division meetings to be held in conjunction with the ABA Annual Meeting, August 3-9, 2016 in San Francisco, California.
3.7 ABA Medal
In executive session, the Board selected the recipient of the 2016 ABA Medal.
3.8 Requests to Enter Into Memoranda of Understanding
a. The Board approved the request of the Section of Litigation to extend its Memorandum of Understanding (“MOU”) with the Union International des Avocats through September 2018, subject to review and approval of the MOU by the ABA Office of General Counsel and a signed copy provided to the Division for Policy Administration Office.
b. The Board approved the request of the Tort Trial and Insurance Practice Section to extend its Memorandum of Understanding (“MOU”) with the Union International des Avocats through August 2018, subject to review and approval of the MOU by the ABA Office of General Counsel and a signed copy provided to the Division for Policy Administration Office.
c. The Board approved the request of ABA Rule of Law Initiative to enter into Memoranda of Understanding (“MOU”) and letters of commitment with 28 prospective and current partners, subject to review and approval of the MOU’s and letters of commitment by the ABA Office of General Counsel and signed copies provided to the Division for Policy Administration Office.
d. The Board approved the request of the Section of International Law to enter into a Memorandum of Understanding (“MOU”) with UN Women to provide pro bono assistance as requested from UN Women and its country offices, subject to review and approval of the MOU by the ABA Office of General Counsel and a signed copy provided to the Division for Policy Administration Office.
3.9 Requests from President-Elect Linda A. Klein
a. The Board approved the request of President-Elect Klein to create the Commission on Veteran’s Legal Services (“Commission”) comprised of up to 20 members, including two co-chairs, and up to five special advisors and to seek outside funding. The Commission will be tasked with cataloguing the wide range and scope of veterans’ legal needs, determining the best way to meet them, and creating best practices and policies where none currently exist.
b. The Board approved the request of President-Elect Klein to create the Commission on the Lawyer’s Role in Assuring Every Child's Right to a High-Quality Education (“Commission”) and to solicit outside funding. The Commission will be comprised of up to six members, with the understanding that any policy statements will be subject to approval by the Board of Governors. The Commission will focus on policy changes at the local, state and federal levels that would require schools to meet meaningful standards for quality education for all children, regardless of race or socioeconomic status.
c. The Board approved the request of President-Elect Klein to immediately create the Working Group on Emerging Member Benefits (“Working Group”) consisting of no more than seven (7) members, to advise on potential emerging member benefits. The Working Group will sunset no later than the close of the 2017 Annual Meeting.
d. The Board approved the request of President-Elect Klein to create two new Special Advisors, appoint additional Special Advisors to three entities that currently have them, and continue Special Advisors for 43 entities.
3.10 Request from Legal Opportunity Scholarship Fundraising Committee to Amend
Jurisdictional Statement
The Board approved the request of the ABA Legal Opportunity Scholarship Fundraising Committee (“Committee”) to amend its jurisdictional statement to expand the Committee’s size from the current level of ten members (10) to seventeen (17) members.
3.11 Request from Diversity and Inclusion 360 Commission to Adopt ABA CLE Policy
The Board approved the request of the Diversity and Inclusion 360 Commission for an ABA CLE policy for all CLE programs sponsored or co-sponsored by the ABA, as amended and revised.
3.12 Request and Report from Law Student Division Working Group
The Board received the report of the Law Student Working Group and approved certain requests that would support the Law Student Division.
3.13 Requests from Standing Committee on Meetings and Travel