TO: / Member Organizations
FROM: / Val McNeely, Secretary
SUBJECT: / Special Meeting of the National Council of Boys & Girls Clubs of America
November 18, 2013, 12:00 p.m. (eastern standard time).
Pursuant to Article VI, Section 3 of Boys & Girls Clubs of America’s Constitution, the National Area Council Committee requested that a special meeting of the National Council be held to vote on important proposed changes to membership requirements related to Child Safety and Communications. The official notice of the 2013 National Council special meeting is attached.
The proposed membership requirement changes are outlined in the attached materials (pages 3-6). These proposed changes have been vetted at many levels including the National Area Council Committee, Area Councils, a round table forum at the National Council meeting in May, a National Council survey and other face to face meetings across the Movement.
Please read the attached materials closely as you will be asked to vote on the proposed changes at the special meeting. The meeting will be held telephonically on November 18, 2013 and proxy voting will be available prior to the meeting on line and at all scheduled fall Regional Leadership Conferences. We encourage you to attend the meeting via teleconference or to vote (by proxy) early. We want to emphasize the importance of each organization exercising its right to vote.
You will be able to vote the following ways:
1. By proxy between September 25, 2013 and November 18, 2013 (page 7). Send to Kristine Morain, Assistant Secretary and SVP, General Counsel, BGCA via Mail: Boys & Girls Clubs of America, 1275 Peachtree Street, NE, Atlanta, GA 30309; Fax: 404-487-5727; Email: ; Online: http://www.surveymonkey.com/s/SpecialNationalCouncilNovember2013 or at the National Council booth at Regional Leadership Conferences.
2. By calling in to the special National Council meeting 888-270-9936, passcode 3506783, and then voting online at http://www.surveymonkey.com/s/SpecialNationalCouncilNovember2013.
NOTICE OF
SPECIAL MEETING OF THE NATIONAL COUNCIL
Telephonic
Call in Number: 888-270-9936, Passcode 1087072,
Vote online at http://www.surveymonkey.com/s/SpecialNationalCouncilNovember2013
November 18, 2013
12:00 p.m. (ET)
AGENDA
I. Call to order
II. Presentation of and Vote on Proposed Membership Requirement Changes
a. Safety Requirement (page 3)
b. Reporting and Communications Requirement (pages 4-5)
c. Insurance Requirement (page 6)
III. Adjournment
National Area Council Committee Briefing
Proposed Membership Requirement Changes
At the heart of the Boys & Girls Club mission is the commitment to provide safe places for children to grow and learn. Given this fundamental mission, the Movement must have plans to drive organizational consistency and compliance, improve policies and training and promote public awareness and advocacy in the area of child safety.
Much deliberation was given to revisit language in the Membership Requirements that will better safeguard our youth and give an added level of protection to our board members. These deliberations resulted in several changes being proposed by the National Area Council Committee in late 2012. Throughout 2013, the proposed changes were vetted through Area Councils, at the National Council meeting in May and at many face to face meetings with Club leadership. All suggestions were reviewed by the National Area Council Committee and resulted in many clarifications and edits to the original proposed changes. Based on all feedback, please find below the three (3) proposed changes.
1. SAFETY
Safety / Current Membership Requirement / Proposed ChangeFrom
Article III,
Section 8
to
Article II,
Section 1 / Each Club facility shall be maintained in a satisfactory state of cleanliness and sanitation and shall comply with all applicable federal, state and local laws for protection and safety. / The safety in Club facilities and during all Club activities shall be maintained and operated in a reasonable and prudent manner to protect children, employees, volunteers and visitors. Each Club facility shall comply with all applicable federal, state and local laws for protection and safety.
Frequently Asked Questions Regarding Proposed Safety Requirement
· How will organizations assess safety consistently? BGCA now has an online safety assessment tool to support Clubs in recognizing risk and developing plans for improvement.
· How will BGCA support capacity building? Directors of Organizational Development work with assigned organizations to build their capabilities in this area. In addition, the Child & Club Safety team provides support to Clubs through the development of resources and tools that will assist in safety improvement efforts. Any organization can request a safety assessment or a third party compliance assessment.
· What if my Club is in a shared space owned by another party? The law and the public still expect an organization to meet this standard, regardless of ownership. An organization that knowingly remains in a building that is unsafe could be liable in the case of an incident.
2. COMMUNICATION AND REPORTING
Communication& Reporting / Current Membership Requirement / Proposed Change
Article II,
Section 8 / Maintain at least one computer capable of electronic communication with BGCA / Maintain at least one computer capable of electronic communication with BGCA.
Report immediately, but no later than 24 hours, to BGCA if there has been a critical incident related to your organization involving:
1. A major medical emergency with a child, staff or volunteer at a Club site or Club sponsored activity leading to extended hospitalization, permanent injury or death or a mental health crisis with a child requiring outside care.
2. A child who may be abducted or missing from a Club site or Club sponsored activity.
3. An instance or allegation of child abuse, including physical, emotional or sexual abuse; sexual misconduct or exploitation against any child (Club-related or not) by a current employee or volunteer or any Club-related instance by a former employee or volunteer.
4. An instance or allegation of child abuse, including physical, emotional or sexual abuse; sexual misconduct or exploitation by a youth towards another youth at a Club site or Club sponsored activity.
5. A known or suspected felony-level criminal act committed at a Club site or Club sponsored activity.
6. The misappropriation of organizational funds in the amount of $25,000 or greater or any amount of federal funds.
7. A felony criminal action or civil legal action that would be reportable to an insurance carrier involving the organization, its employees or volunteers.
i. For an open organization-related court case, report within 24 hours any change in the status of the case.
8. Negative media that could compromise the reputation of the organization or the Boys & Girls Club brand.
9. Any other incident deemed critical by the organization.
NOTE: Military Organizations report critical incidents in accordance with the Department of Defense Child Abuse and Critical Incidents Reporting Requirements.
Frequently Asked Questions Regarding Proposed Communication and Reporting Requirement
· How will reporting take place? Reports will be made through an electronic reporting mechanism (currently in development) in an easy to use drop down menu format. This format will ensure organizations only report basic facts and do not disclose confidential information or violate privacy laws that could create exposure. All information will be maintained confidentially by BGCA’s Legal Department. Additionally, organizations will be able to request support in specific areas such as public relations, crisis planning, legal support or to inform BGCA that no support is needed.
· What can an organization expect in response to reporting? Depending on the nature of the incident and type of support requested, an organization will receive automated resources immediately (ex. holding statements) and a return call from a designated BGCA representative as early as the same day and ideally within a few hours.
· How will this information be used? In addition to offering support to organizations given BGCA’s experience working with other organizations facing similar incidents, tracking this information across the Movement will allow BGCA to develop resources and tools based on trends. Additionally, BGCA will report the trend data on critical incidents to the Executive Committee of the Board of Governors quarterly. Lastly, if a critical incident has significant implications for neighboring organizations due to our shared reputation, BGCA will continue to provide basic information and talking points based on current protocols.
· What is the rationale for the reporting timeline of “immediately, but no more than 24 hours?” A review of state standards for mandated reporting laws highlight that the majority of jurisdictions mandate reporting "when abuse is known or suspected", in other words: immediately. Depending on the “critical incident”, legal and media implications can arise very quickly. This additional 24 hour timeframe allows organizations to report internally to all relevant parties prior to contacting BGCA, but also ensures organizations receive any necessary resources to address and resolve a crisis swiftly.
· One critical incident to report involves a felony criminal action. How do organizations determine a felony? A felony is a serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year. Felonies differ by state so check with your state or local police department to find what constitutes a felony in your area.
3. INSURANCE
Insurance / Current Membership Requirement / Proposed ChangeArticle II,
Section 6 / Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. / Maintain comprehensive, General Liability insurance coverage that includes Sexual Misconduct Liability insurance coverage, with a combined minimum single limit of coverage in the amount of at least $1 million. Organization will have a third party review their coverage amounts every three years. Boys & Girls Clubs of America must be named as an additional insured under that general liability policy and the certificate of insurance must be filed with Boys & Girls Clubs of America annually.
Maintain comprehensive Directors & Officers Liability insurance coverage and Employment Practices Liability insurance coverage, each with a minimum policy limit of $1 million.
NOTE: Military Organizations will maintain liability insurance in accordance with Department of Defense Federal Insurance requirements.
Frequently Asked Questions Regarding Proposed Insurance Requirement
· How will barriers to coverage be addressed? BGCA is committed to working with local boards to increase organizational insurability, identify insurance carrier options and develop funding strategies to afford and maintain coverage. Organizations that report an inability to obtain coverage will be reviewed and dealt with on a case-by-case basis by BGCA’s compliance director.
· Why is a third party review of coverage important? Regular coverage reviews will allow an organization to ensure they have the right amount of coverage given their size and the scope of their work. This review is a function of your insurance broker’s job and is offered free of charge.
Frequently Asked Questions Regarding Compliance Issues
· What happens if an organization does not follow these membership requirements? BGCA will create and disseminate guidelines for what organizations should do when there is a compliance or safety infraction. Non-compliance with these membership requirements will be managed similarly to other compliance issues. Depending on the seriousness of the issue, an organization may be placed on provisional status with or without a funding hold. Once an organization is placed on provisional status, the Director of Organizational Development will work with the organization to develop a plan and target completion date. Failure to comply and/or safety issues that are deemed egregious and substantive may result in revocation of the organization’s Boys & Girls Club Charter.
PROXY
Special National Council Meeting-November 18, 2013
NAME OF MEMBER ORGANIZATION / CITY / STATEThis proxy is solicited on behalf of Boys & Girls Clubs of America.
The undersigned appoints Ron Gidwitz, Chairman of the Board of Governors to vote on behalf of the undersigned Member Organization at the Special National Council Meeting to be held telephonically on November 18, 2013 and any adjournment thereof specifically for the three (3) proposed changes to membership requirements and generally upon all matters that may properly come before said meeting, and said matters furnished to me in the mailing from Boys & Girls Clubs of America dated September 25, 2013, as follows:
Vote on the following Proposed Changes to Membership Requirements:
YES / -- approve the Proposed Safety RequirementNO / -- do not approve the Proposed Safety Requirement
YES / -- approve the Proposed Communications & Reporting Requirement
NO / -- do not accept the Proposed Communications & Reporting Requirement
YES / -- approve the Proposed Insurance Requirement
NO / -- do not approve the Proposed Insurance Requirement
Signature Authorized Officer / Date
Printed Name
Title
RETURN COPY TO:
Kristine Morain, Assistant Secretary and SVP, General Counsel, BGCA via Mail: Boys & Girls Clubs of America, 1275 Peachtree Street, NE, Atlanta, GA 30309; Fax: 404-487-5727; Email: ; or at the National Council booth at Regional Leadership Conferences.
DELEGATES AND ALTERNATES
Pursuant to the Constitution, each member organization is requested to elect a delegate and alternate to the National Council of Boys & Girls Clubs of America to cast the vote for your organization. Each Member Organization is entitled to one delegate and one alternate. Delegates and alternates must have board approval. Submission of your vote or proxy certifies that board approval was obtained for that delegate or alternate. Any duplicate votes per organization will only be counted once or if in conflict, will not count.