DATE: / March 2, 2012
TO: / Member Organizations
FROM: / Jean C. Crystal, Secretary
SUBJECT: / Annual Meeting of the National Council of Boys & Girls Clubs of America
San Diego Manchester Grand Hyatt, May 4, 8:30 a.m.

The official notice of the 2012 National Council meeting is enclosed. Please read these materials closely as you will be asked to vote and/or affirm important issues. We encourage you to attend the meeting in person, attend the meeting via teleconference or to vote (by proxy) early. We want to encourage each organization to exercise their right to vote – every vote is important.

You will be asked to vote on and/or affirm the following National Council business:

  1. Approval of 2011 Minutes (see pages 3-4).
  2. Appointment of eighteen Governors for a three-year term (see page 2).
  3. Adoption of the proposed changes to the constitutional background check recommended by National Area Council Committee(see pages 5-8).

This year, you will have three different ways to vote on the ballot items. You will be able to vote the following ways:

  1. By voting in person at the National Council meeting on May 4, 2012.
  2. By voting by proxy between March 2, 2012 and May 3, 2012. This can be done online by clicking this link faxing your proxy to Kristine Morain, Assistant Secretary and General Counsel, BGCA at 404-487-5727 or at a proxy voting booth at National Conference.
  3. By calling in to the National Council meeting888-270-9936, passcode 1087072, and thenvoting online at (Online voting will end at 11:00am PST on May 4, 2012.)

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.

ANNUAL MEETING OF THE NATIONAL COUNCIL

Manchester Grand Hyatt

San Diego, CA

IN PERSON OR

Call in Number: 888-270-9936, Passcode 1087072,

Vote online at

MAY 4, 2012

8:30 a.m.

AGENDA
  1. Call to order
  1. Report from the Nominating Committee
  1. Vote on the followingNational Council business (by in person ballot or online):
  1. Approval of minutes from the 2011 meetings
  1. Approve members proposed for a three-year term on the Board of Governors:

Robert J. Bach / Thomas J. Falk / Goldie Jean Hawn
Emil J. Brolick / Ruth A. Fattori / Daniel R. Hesse
Gregory W. Cappelli / Jeff M. Fettig / Lewis Katz
Anthony P. Conza / Ronald J. Gidwitz / Carolyn Schwab-Pomerantz
Jean C. Crystal / Rick Goings / M. Anne Szostak
Linda Dimopoulos / Myron Gray / Phillip Tonge
  1. Constitutional Changes:
  1. Approval of theproposed changes recommended by National Area Council Committee to the background check requirement (by in person ballot or online vote)
  1. Adjournment

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NATIONAL COUNCIL MEETING

May 20, 2011

Hilton New Orleans Riverwalk

New Orleans, Louisiana

Minutes

Quorum: Yes

Chairman Emil Brolick called the meeting to order at 8:30 a.m. Mr. Brolick welcomed the attendees to the 2011 meeting of the National Council and explained that all voting would be done by ballot either in person, electronically or by proxy. Kristine Morain was named Parliamentarian and Alison Murphy was named Clerk.

The first item of business was approval of the minutes from 2010.

Mr. Brolick asked for a motion to waive the reading of the 2010 minutes and approval of the minutes.

It was moved and seconded to waive the reading of and approve the 2010 minutes. No discussion. Motion carried.

The following nominations as governors for Boys & Girls Clubs of America for a three-year term ending 2013 were presented:

Ken Griffey, Jr. / Reverend Edward A. Malloy, CSC / Gary C. Wendt
William R. Goodell / Valerie McNeely / Robert H. Youngjohns
Jeffrey O. Henley / Ronald L. Sargent
Mark H. Lazarus / Michael E. Tennenbaum

It was moved and seconded to approve the above named members for a three year term on the Board of Governors expiring in 2013. No discussion. Motion carried.

The third item of business was the adoption of the revised Impact Assessment, the required annual program assessment using standards adopted by the National Council.

It was moved and seconded to adopt the revised Impact Assessment. No discussion. Motion carried.

The National Council was asked to affirm the strategic direction of the National Commission on Impact.

It was moved and seconded to affirm the strategic direction of the National Commission on Impact. No discussion. Motion carried.

The fifth item of business was proposed changes to the structure of the National Council. There were two proposals to consider – a proposal by the National Area Council Committee and the Erie Proposal.

Rick Nagel, Board Member of the Boys & Girls Club of Oklahoma County and National Area Council Committee Member (NACC), presented the NACC’s proposal and the background information related to the development of the NACC proposal.

Mr. Brolick asked for a motion to adopt the changes to the Boys & Girls Clubs of America’s Constitution recommended by the National Area Council Committee.

It was moved and seconded to adopt changes to Boys & Girls Clubs of America’s Constitution recommended by the National Area Council Committee.

During discussion, Albert P. Messina, Chief Professional Officer of Boys & Girls Club of Erie presented the Erie Proposal, his concerns related to the proposed changes to Boys & Girls Clubs of America’s Constitution and his concerns regarding how the Erie proposal was interpreted to the field.

Diane L. Rowe, Chief Professional Officer of Boys & Girls Clubs of Buffalo addressed her concerns related to bringing information and ideas to the National Council. She also voiced concerns regarding her Area Council’s town hall meeting.

Jim Newland, Vice Chair, National Area Council Committee and local board member of Boys & Girls Clubs of Athens spoke in support of the proposed changes to the Constitution including the mechanism for local Clubs to get ideas to the National Council via local Area Councils.

Doug Miller, Chief Volunteer Officer of Boys & Girls Clubs of Coachella Valley and National Area Council member addressed the role of the National Area Council Committee and its distinction from Boys & Girls Clubs of America.

Motion carried.

Mr. Brolick asked for a motion to adopt the Erie Proposal.

It was moved and seconded to adopt the Erie Proposal. Motion did not carry.

Mr. Brolick asked for any further business to come before the National Council. Having none, the meeting was adjourned at 9:00 a.m.

Submitted by,

Kristine B. Morain

Assistant Secretary, Boys & Girls Clubs of America

Parliamentarian, National Council

National Area Council Committee Report

Proposed Enhancements to Background Check Requirement

Background

As a result of its periodic review of constitutional requirements related to child safety, the National Area Council Committee is recommending enhancements to the constitution’s background check requirement. The attached paper, “Proposed Enhancements to Background Check Requirements” outlines the changes in detail.

Further, the National Area Council Committee recommended that this proposal be discussed at as many local Area Council meetings as possible before the National Council meeting with the intent of reaching 300-350 participating organizations at 25 local Area Council meetings.At the time of this mailing, the recommended enhancements have been met with resounding support at the local Area Council level.

In summary, the recommended changes to Article II, Section 9-Background Checks will:

  • Require that, at a minimum, all background checks verify the person’s identity, provide a national Sex Offender Registry search, and provide a national criminal record search.
  • Require that background checks be conducted prior to employment and every twelve (12) months thereafter.
  • RequireClubs have a policy which defines which findings from a background check will make an employee or volunteer ineligible for employment.

Option for Background Check provider

In an effort to make background checks more affordable to local Clubs and to offer assistance with the renewal process,Boys & Girls Clubs of America entered into negotiations with LexisNexis and was able to secure pricing of $2.31 per background check for local Clubs, which is a significant cost savings from current pricing. LexisNexis further developed a system that will notify the local Clubs when the 12-month renewal on existing employees is due. This opportunity will be available to all Clubs.

BRIEFING PAPER FROM NATIONAL AREA COUNCIL COMMITTEE

PROPOSED ENHANCEMENTS TO BACKGROUND CHECK REQUIREMENTS

I.Executive Summary

The safety of children is Boys & Girls Clubs of America’s highest priority. Creating a safe Boys & Girls Club environment demands considerable investment of thought, time and resources. Every effort should be made to prevent, identify and respond to dangerous conditions or situations on Club premises or other venues for Club activities. These acts form the basis of a reliable standard of care and, ultimately, a safer, more positive place. Creating and maintaining a safe environment requires a comprehensive risk reduction program that allows each organization to increase its capacity to protect Club members; establish standards for safety policies and procedures; and minimize accidents, incidents and their severity.

As part of this standard of care, Boys & Girls Clubs of America has a background check requirement, including the requirement to renew background checks on existing staff and volunteers. It is important to continuously review the background check requirement to maintain the highest standards. The National Area Council Committee did so and made recommendations to enhance the requirement.

National Area Council Committee recommends the following enhancements to the background check requirement:

II.Enhancements to Existing Background Check Requirement

Existing Requirement

Article II – Operating Standards for Member Organizations

Each Member Organization shall:

Section 9 – Background Checks

Conduct criminal background checks of all employees and volunteers who have direct, repetitive contact with children. Such checks should be of the type that would disclose, at a minimum, sexual offenders and include a social security number trace and a national criminal file check. Such checks should be conducted prior to employment and at regular intervals not to exceed twenty-four (24) months.

Recommended Changes(edited and clean versions below)

Section 9 – Background Checks (edited version – new language in italics)

Conduct criminal background checks of all employees and volunteers who have direct, repetitive contact with children. Such checks should be of the type that would disclose, at a minimum, sexual offenders and include a social security number trace and a national criminal file check. Name-based or fingerprint based record searches may be used in any combination but shall, at a minimum, (a) verify the person’s identity and legal aliases, (b) provide a national Sex Offender Registry search, and (c) provide a national criminal record search. Such checks should be conducted prior to employment and at regular intervals not to exceed twenty-four (24)twelve (12)months. All background check findings shall be considered when making employment or volunteer decisions and each Club shall have a policy defining eligibility for employment or volunteer service, if such individual:

(a)refuses to consent to a criminal background check,

(b)makes a false statement in connection with such criminal background check,

(c)is registered, or is required to be registered on a State or National sex offender registry,

(d)has been convicted of a felony consisting of:

  1. murder,
  2. child abuse,
  3. a crime against children, including child pornography,
  4. spousal abuse,
  5. a crime involving rape or sexual assault,
  6. arson or
  7. physical assault, battery,

(e)has been convicted of a drug related offense committed within the last five years.

Note:Military-based organizations shall continue to comply with federally mandated child safety requirements as defined in the Military Childcare and Crime Control Acts. These requirements are monitored by the Department of Defense as well as at the command level of each branch of service.

Section 9–Background Checks (clean version)

Conduct criminal background checks of all employees and volunteers who have direct, repetitive contact with children. Name-based or fingerprint based record searches may be used in any combination but shall, at a minimum, (a) verify the person’s identity and legal aliases, (b) provide a national Sex Offender Registry search, and (c) provide a national criminal record search. Such checks shall be conducted prior to employment and at regular intervals not to exceed twelve (12) months. All background check findings shall be considered when making employment or volunteer decisions and each Club shall have a policy defining eligibility for employment or volunteer service, if such individual:

(a)refuses to consent to a criminal background check,

(b)makes a false statement in connection with such criminal background check,

(c)is registered, or is required to be registered on a State or National sex offender registry,

(d)has been convicted of a felony consisting of:

  1. murder,
  2. child abuse,
  3. a crime against children, including child pornography,
  4. spousal abuse,
  5. a crime involving rape or sexual assault,
  6. arson or
  7. physical assault, battery,

(e)has been convicted of a drug related offense committed within the last five years.

Note:Military-based organizations shall continue to comply with federally mandated child safety requirements as defined in the Military Childcare and Crime Control Acts. These requirements are monitored by the Department of Defense as well as at the command level of each branch of service.

III.Auto-Renewal, Data Monitoring and Reduced Pricing

In an effort to make background checks more affordable to local Clubs and to offer assistance with the renewal process, Boys & Girls Clubs of America approached LexisNexis, the world’s largest data provider and the primary provider of Club background checks, with some 400 active Boys & Girls Club accounts. These accounts are managed on a limited data platform that does not offer auto-renewal or multi-account data monitoring and reporting. LexisNexis has proposed to “migrate” all active and future accounts to their Enterprise data platform which permits auto-renewal, multi-account data monitoring and reporting.

Boys & Girls Clubs of America recognized that pricing and ease of renewal are important factors for Clubs. Therefore, Boys & Girls Clubs of America negotiated an agreement with LexisNexis that will be available to all Clubs. LexisNexis has agreed to take the following steps:

  1. Enter into an agreement with BGCA establishing BGCA as the “Sponsoring Account” and developing pricing and options to be made available to the local Boys & Girls Clubs. If,at its own discretion, a Club decided to use LexisNexis, that Club would have its own account with LexisNexis.
  2. Enter into new agreements with each of the active Club accounts as “Branch Accounts.”
  3. Within six months of execution of the BGCA agreement, LexisNexis will migrate all active Club accounts to the Enterprise platform.
  4. Establish one price of $2.31 per background checkfor all accounts, currently active accounts as well as new accounts (pricing good for three years).
  5. Notify Clubs when individual staff or volunteer renewals are due.

PROXY

National Council Meeting

May 4, 2012

NAME OF MEMBER ORGANIZATION / CITY / STATE

This proxy is solicited on behalf of Boys & Girls Clubs of America.

The undersigned appoints Emil Brolick and Jean C. Crystal to vote on behalf of the undersigned Member Organization at the National Council Meeting to be held May 4, 2012at the Manchester Grand Hyatt and any adjournment thereof specifically for the election of governors set forth on the nominating committee’s slate 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 March 2, 2012, as follows:

Vote on the following National Council business:

YES / -- approve the 2011 National Council Minutes
NO / -- do not approve the 2011 National Council Minutes
YES / -- accept the nominations for the Board of Governors
NO / -- do not accept the nominations for the Board of Governors

Vote on the following Constitutional changes recommended by National Area Council Committee:

YES / -- approve changes to the background check requirements
NO / -- do not approve changes to the background check requirements
Signature Authorized Officer / Date
Printed Name
Title

RETURN COPY TO:

Kristine Morain, Assistant Secretary and General Counsel Boys & Girls Clubs of America

Boys & Girls Clubs of America,1275 Peachtree Street, NE, Atlanta, GA 30309-3506

FAX 404-487-5727or vote online at

THIS PROXY MAY BE REVOKED ANY TIME PRIOR TO THE MEETING

IF A DELEGATE WILL BE PRESENT

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