View Comments The Actors Fund, the national human services organization for everyone in performing arts and entertainment, has announced the launch of The Actors Fund Flu Shot Program for Touring Companies, a partnership with the John Gore Organization. The program is designed to provide flu shots to the cast, crew and traveling family members of all Actors’ Equity national touring companies, as well as theatrical venue staff, while also educating them about the programs and services available to them through The Actors Fund.The John Gore Organization and The Actors Fund established The Actors Fund Flu Shot Program for Touring Companies to provide everyone on an Actors’ Equity national tour, or working in a tour venue, with access to the flu vaccination without having to locate a local doctor or pharmacy. Flu shots are made available at theater venues by trained pharmacists from CVS Pharmacy as scheduled by The Actors Fund. If patients are insured, the flu shots are billed to the insurer. For anyone uninsured, the John Gore Organization will cover the cost of the vaccine.”This spirit of collaboration is what The Fund is all about,” said Brian Stokes Mitchell, chairman of The Actors Fund. “Thanks to the John Gore Organization, we’re able to offer flu shots to hundreds in our community across the country. This builds on the health insurance guidance, enrollment and support we offer nationally—including care we offer at The Friedman Health Center for the Performing Arts, our medical office in New York City run in partnership with Mount Sinai Doctors. It’s a real win for the health of our community.””We’re sensitive to the challenges faced by the cast and crew of touring companies moving from city to city with lack of access to their regular healthcare providers,” said John Gore, owner of the John Gore Organization. “We are thrilled to partner with The Actors Fund to provide a free and convenient way for the casts and crews to get their flu shots on the road this season.”The program began on September 19, 2019, and has already administered nearly 300 flu shots to the following companies (and is anticipated to provide hundreds more shots by mid-December): Les Misérables in Tulsa, OK; Charlie and the Chocolate Factory in Atlanta, GA; Hamilton—Angelica tour in Philadelphia, PA; Come From Away in Cincinnati, OH; Miss Saigon in Costa Mesa, CA; Beautiful: The Carole King Musical in Portland, ME; Wicked in New Orleans, LA; Hamilton—Philip tour in Appleton, WI; Hello, Dolly! in St. Louis, MO; Aladdin in Durham, NC and Harry Potter and the Cursed Child in San Francisco, CA. Upcoming flu shot clinics include The Lion King in Boston, MA.For more information or inquiries about The Actors Fund Flu Shot Program for Touring Companies, email Project Manager Stephanie Pearl at firstname.lastname@example.org. For more on the programs and services of The Actors Fund, visit www.actorsfund.org.
The filing deadline for this spring’s local election cycle is one week away and a number of seats on local city councils still do not have candidates.Prairie Village, Merriam, Fairway, Roeland Park, Westwood Hills, Mission Hills, Mission Woods all have elections this year – although Prairie Village is only for mayor. Councilor Laura Wassmer is the only candidate to have filed for Prairie Village mayor to date.Also, the Shawnee Mission School Board has four seats open this year and candidates have filed for each of those positions. Incumbents Deb Zila, the current board president, Sara Goodburn and Patty Mach, all have filed for re-election and do not have challengers so far. The fourth seat open is now held by Joan Leavens, who has not filed for re-election. However, that position already has two candidates: Elizabeth Rulo and Brad Stratton, both of Overland Park.In Roeland Park, the council seats held by Becky Fast, Jennifer Gunby, Megan England and Marek Gliniecki all expire this year and only Fast has filed for re-election. Gunby has indicated she will not run for re-election because professional commitments may require her to move before the term would be complete. JoAnna Rush, who was a frequent speaker during this year’s anti-discrimination debate, has filed for the seat held by Gliniecki. No other Roeland Park filings have been registered with the Johnson County Election Office yet.In Merriam, the seats held by John Canterbury, Al Frisby, Nancy Hupp and Pam Bertoncin are up for election. Frisky is the only incumbent to file for re-election so far. Robert Weems has filed for the seat now held by Canterbury and Bob Pape, the city’s former fire chief, has filed for the seat Bertoncin holds. Merriam also is in the process of filling two unexpired terms due to council resignation. Those terms will run until 2017.In Fairway, incumbents James Poplinger and Gail Gregory have filed for re-election – the only two filings so far. The other two seats up this year are held by Tony Liu and J.D. Fair.Mission Hills elects council members at-large and three have terms expiring this year: Lisa Creighton Hendricks, David Dickey and Dan Sullivan. Dickey and Sullivan have filed for re-election.Both Westwood Hills and Mission Woods elect their entire five-member councils and mayors every two years and the entire council is elected at-large. No filings have been made in Mission Woods and only Mayor Paula Schwach has filed for election in Westwood Hills.Christian Nafziger, Rosemary Podrebarac, Gailen Stockwell, John Weedman and Ludwig Villas are the current Westwood Hills council. In Mission Woods, Mayor Robert Tietze and councilors Charles Bachand, John Baenisch, Willian Dunn Jr., Cory Fisher and William Sanders make up the governing body.Candidates have until noon Jan. 27 to file their candidacies. The date for a primary election – although none is needed as yet in any of the NEJC seats – is March 3 and the general election for the municipal offices is scheduled for April 7. Other elections on this cycle include the Johnson County Community College, the Merriam Drainage District and Water District No. 1. (All filings as listed by Johnson County Election Office as of Tuesday morning.)
Kris Kobach will bring President Trump’s son Donald, Jr., to Johnson County in November as part of a fundraiser for his gubernatorial campaign.In an email to supporters today, Kobach announced that the campaign was accepting reservations for the event Tuesday, Nov. 28. The announcement did not list a time or location for the fundraising dinner and “VIP reception.” Ticket options to the event are listed at $150 to $2,000. Admission to the VIP reception comes at a minimum of $1,000, and includes a photo opportunity with Trump, Jr. Table sponsorships cost $2,000 and include eight tickets to the dinner as well as a ticket to the VIP reception.“It is an incredible honor that President Trump’s son will be joining our campaign for Governor at this important time,” Kobach said in an email to supporters. “I’m sure each of you is looking forward to extending him a warm, Kansas welcome.”Trump tapped Kobach, the Kansas Secretary of State, during his transition for consultation on homeland security and immigration issues. This summer, he named Kobach to his voter commission.
Mention Collateral Protection Insurance (CPI) to a loan officer and in most cases you will receive a frown and the standard reply that it is a necessary evil. Mention to that same lender that they can have an alternative to CPI with monthly premiums that average between $50 and $90, as opposed to the typical $150 – $250, and the response is entirely different. Generally, when this concept is introduced to a financial institution, the reaction ranges from “how can that be done?” to immediate disbelief. As unbelievable as it may seem, a refreshing alternative is now available that re-writes the usual approach to CPI.As a lender, you take on a certain amount of risk when providing your borrowers with a loan. Of course, this often times requires the borrower to provide you with collateral to secure the loan. It has always been the lender’s responsibility to see that their interest remains secure by maintaining a procedure that tracks the insurance on the property securing the loan. Many credit unions have turned to third parties to provide this service since this practice can be very labor intensive.Challenges with Insurance Tracking ProgramsThroughout the years and the increased practice of tracking insurance, lenders have found themselves embroiled in litigation about CPI programs, arising from the practice of adding exorbitant coverage that did not directly benefit the borrower, but were unfortunately built into the premiums or were under the false impression that CPI should, or could be, a source for non-interest income. Now, after hundreds of millions of dollars have been paid in law suits, the trend is to simplify the practice of tracking insurance and the coverages that accompany those programs.Enter the CFPBAlthough almost everyone in the business of lending cringes at the mere reference of the Consumer Financial Protection Bureau (CFPB), creative changes have come about because of their existence, that virtually eliminate many potential dangers of having litigation brought upon their lending institution.A Consumer-Friendly AlternativeRegulators have often pushed back on the idea of going through a series of notices, then placing a certificate of coverage on the loan that secured the collateral against damage for a year, without additional notices or caution to the borrower. In addition, most CPI programs are filled with coverages that are rarely used, that provide no benefit to the lender, or include repossessed expense reimbursement that causes premiums to become exorbitant, further stressing the member and ultimately resulting in the lender having to repossess the collateral. These alternative programs now provide monthly certificates with a flat rate charge—not a percentage of the loan amount—at 1/2 to 1/3 the cost of traditional CPI, and monthly notices cautioning the borrower to provide their own coverage.Alternative CPI vs. Traditional CPIAlternative CPI programs incorporate the “old school” CPI process, and apply certain changes to today’s industry needs. CFPB compliance, lower pricing, and reduced borrower confusion is the new borrower-friendly approach. In several cases, this approach has eliminated voluntary repossessions, which are most commonly associated with traditional CPI. The alternative program is easier to explain to the borrower, virtually eliminates most refunds, is dramatically less expensive, can virtually eliminate all of the work on the part of the lender, and is squarely aimed at addressing and mitigating the “problems” typically associated with traditional CPI. Those normal problems of lender cash flow and the borrower tipping point—pushing the borrower into payments they can’t begin to afford resulting in repossession —can soon become a problem of the past.Lenders are finding that by making changes to a few aspects within their traditional CPI program and going with an alternative program instead, they can reduce the workload, reduce repossessions, and help to maintain a more consistent “sticking” point on premium cancellations, greatly reducing the workload on the part of the lender.This approach issues monthly certificates to the borrower outlining the premium and coverage. Simply put, it falls in line with current processes and eliminates many refunds. Alternative policies result in the reduction of the life of a CPI policy to an average of five months because of the increased touching point or additional notices. And the inclusion of automated posting to your borrower’s loan virtually makes the alternative approach work-free.Although lender coverage has been reduced slightly, coverages that protects the lender can still include Automatic Coverage, Worldwide Coverage, Repossession Expense, Repossession Storage, Mechanics Lien, and Repossessed Collateral Coverage. Often times, the alternative program can even be paired to include collection services, which eliminates reliance on skip coverage and dealing with premium charge-offs.When checking the marketplace for a CPI alternative, always remember to find a CFPB-friendly program that will not put your institution in jeopardy. If you’d like to learn more about SWBC’s alternative CPI program, Hybrid CPI, call 866-316-1162. 47SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Ken Schweitzer Ken Schweitzer joined SWBC in 2012, when SWBC acquired FICOR, a company he founded and served as CEO. With more than 10 years as a lender and 32 years as … Web: www.swbc.com Details
Proposed board actions Proposed board actions April 30, 2011 Regular News Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its May 27 meeting in Key West. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally filed with the Supreme Court, with further notice and opportunity to be heard, before they are officially approved and become effective. To receive a full copy of the text of any of these proposed amendments call (850) 561-5751. Reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 3 Rules of Discipline Subchapter 3-6 Employment of Certain Attorneys or Former Attorneys 1. Rule 3-6.1 Employment of Certain Attorneys and Former Attorneys; Generally – Prohibited Conduct Summary: Adds new subdivision (d)(4) to prohibit suspended attorneys and former attorneys who have been disbarred, or whose disciplinary resignations or revocations have been allowed, from representing clients in administrative proceedings and before administrative agencies which allow nonlawyer agents or “qualified representatives” to represent clients in certain circumstances. Subchapter 3-7 Procedures 2. Rule 3-7.1 Procedures; Confidentiality Summary: Adds new subdivision (l)(3) to authorize release of confidential information on pending investigations upon receipt of a signed waiver by respondents who are applying for board certification to the Board of Legal Specialization and its committees; renumbers subdivision (l)(3) to (l)(4). 3. Rule 3-7.10 Reinstatement and Readmission Procedures — (f)(3)(G) and Comment Summary: Within subdivision (f)(3), clarifies that ordinary life activities do not constitute rehabilitation. Within subdivision (f)(3)(G) defines community and civic service. Within the comment, provides discussion and case law discussing community and civic service required for reinstatement. Chapter 20 Florida Registered Paralegal Program Subchapter 20-3 Eligibility Requirements 4. Rule 20-3.1 Requirements for Registration Summary: Deletes subdivision (c), Grandfathering because the provision sunsets March 1, 2011. Subchapter 20-4 Registration 5. Rule 20-4.1 Generally Summary: Within subdivision (a), codifies application requirement of supplying an attestation from the current employer; Deletes subdivision (a)(3) relating to grandfathering provision that is being sunsetted; Within subdivision (e) adds introductory language, changes registration fee to renewal fee and allows an FRP to file for an extension of time in which to pay the annual renewal fee — extends time to December 31; adds new subdivision (f) allowing FRPs employed by the government to pay their annual renewal in installments; adds new subdivision (g) exempting FRPs who are activated reserve members of the military from the payment of annual renewal. PROPOSED AMENDMENTS TO THE ADVERTISING RULES Proposed amendments to the lawyer advertising rules (currently Rules 4-7.1 through 4-7.10) eliminate the existing rules in their entirety, and replace them. The rules set forth a framework of application, required content, prohibited content, permissible content, specific rules for direct mail advertisements, the filing requirement, exemptions from the filing requirement, firm names and letterhead, and rules for lawyer referral services and lawyer directories. Rules prohibiting content set forth a specific rule followed by a non-exhaustive list of examples. Commentary provides further explanation of how the rules should be interpreted and provides specific examples of permissible and impermissible content. 6. Proposed Rule 4-7.1 Application of Rules – Sets forth what forms of media the lawyer advertising rules apply to, addresses application to Florida Bar members and lawyers admitted in other jurisdictions, and indicates that the rules apply to advertisements targetting referral sources. 7. Proposed Rule 4-7.2 Required Content – Requires that all advertisements include the name of lawyer or law firm responsible for content, a geographic disclosure of one or more bona fide offices by city, town or county, that the case will be referred to another lawyer if applicable, that required information must appear in all languages used in the ad, and that required information must be clearly legible and/or clearly audible. 8. Proposed Rule 4-7.3 Deceptive and Inherently Misleading Advertisements – Prohibits deceptive and inherently misleading ads and sets forth a non-exhaustive list of violations, including: material statements that are factually or legally inaccurate, omission of information necessary to not be misleading, implication of the existence of a non-existent fact, predictions or guarantees of success, references to past results unless objectively verifiable, comparisons or references to skills, experience, reputation or record unless objectively verifiable, references to areas of practice the lawyer doesn’t currently practice or intend to practice, use of the voice or image of someone who creates an erroneous impression of being a firm member without an appropriate disclaimer, a dramatization of an actual or fictitious event without an appropriate disclaimer, anything that would indicate the lawyer would violate Rules of Professional Conduct, testimonials that are misleading, statements or implications that the Florida Bar has approved the advertisement, and use of a judicial, executive or legislative branch title with or without modifiers, in reference to a current, former or retired judicial, executive or legislative branch official currently engaged in the practice of law. 9. Proposed Rule 4-7.4 Potentially Misleading Advertisements – Prohibits potentially misleading ads and sets forth a non-exhaustive list of violations, including: statements that are subject to reasonable varying interpretations without sufficient information to clarify, statements that are literally accurate but misleading, references to membership in organizations unless generally recognized within the legal profession as being a bona fide organization that makes its selections based upon objective and uniformly applied criteria and that includes among its members or those recognized a reasonable cross-section of the legal community the entity purports to cover, statements that a lawyer is board certified a specialist or an expert unless certified by The Florida Bar, another state with similar standards, or an ABA accredited organization (a disclaimer is required for ABA accredited organizations that are not accredited by The Florida Bar and a statement of the area of certification and the certifying organization is required for all statements of certification, specialization or expertise), and provision of fee information that does not disclose the client’s responsibility for costs. 10. Proposed Rule 4-7.5 Unduly Manipulative or Intrusive Advertisements – Prohibits unduly manipulative or intrusive advertisements and sets forth a non-exhaustive list of violations, including: appeals to emotions rather than to a rational evaluation of a lawyer’s suitability to represent the prospective client, use of the voice or image of a celebrity (except disc jockeys who are normally used to record advertisements and who are not endorsing the lawyer), and offers of an economic incentive to become a client. 11. Proposed Rule 4-7.6 Presumptively Valid Content – sets forth the “safe harbor” information that is presumed to be permissible, if true. 12. Proposed Rule 4-7.7 Payment for Advertising and Promotions – Prohibits paying for advertising of a lawyer not in the same firm, prohibits a lawyer from giving anything of value in exchange for referrals (except for paying for reasonable and permissible costs of ads, lawyer referral services and lawyer directories), and prohibits a nonlawyer for paying costs of a lawyer’s advertising. 13. Proposed Rule 4-7.8 Direct Contact with Prospective Clients – Prohibits direct, in person solicitation. Prohibits direct mail advertisements where the recipient is represented by another lawyer, where coercion or duress is involved, where the direct mail violates other advertising rules, where the lawyer knows or should know the person’s emotional state would overcome rational judgment in selecting a lawyer, within 30 days of a personal injury or wrongful death matter, or before a violence injunction is filed. Requires that the envelope face and every page of the direct mail ad be prominently marked “advertisement” in ink contrasting to both the page and other text; if e-mail, the subject line must begin “Advertisement.” Requires direct mail ads to have a written statement of qualifications and experience, requires direct mail enclosing contract to have “sample” and “do not sign” in red ink and type size one size larger than the largest type in the contract, prohibits direct mail from resembling legal documents or pleadings, requires statement that case will be referred to another lawyer where applicable. For targeted direct mail advertisements, requires the first sentence “If you have already retained a lawyer for this matter, please disregard this letter” and requires disclosure of where the lawyer obtained the information. Exempts communications between lawyers, between lawyers and their own family members, and between lawyers and their own current and former clients from application of the specific requirements for direct mail advertisements, except for the prohibitions stated above. 14. Proposed Rule 4-7.9 Evaluation of Advertisements – Requires ads to be filed at least 20 days before their first planned use, requires bar to review ads within 15 days of receipt of a complete filing, permits request of a preliminary opinion based on a draft or transcript, permits request of an opinion on an ad that is exempt from the filing requirement, prohibits request of an opinion on an entire website, permits request of an opinion on a specific page, provision, statement, illustration, or photograph on a website, limits review to facial review for compliance with specific lawyer advertising rules and imposes duty on lawyer to make sure ads are factually accurate, makes opinions binding on The Florida Bar in grievance proceeding with specific exceptions, requires The Florida Bar to notify filer that noncompliance may result in discipline, sets forth contents of complete filing which includes a fee of $150 for timely filings and $250 for late filings, requires re-filing if change in circumstances, with an additional fee not to exceed $100, requires filer to maintain copy of ad for 3 years after its last use which includes a list of addresses to whom direct mail is sent. 15. Proposed Rule 4-7.10 Exemptions from the Filing and Review Requirement – Exempts from the filing requirement ads in the public media limited to the safe harbor information set forth in rule 4-7.6, public service announcement as defined in the rule, listings in law list or bar publication, communications mailed only to other lawyers, current and former clients, and other lawyers, professional announcement cards sent only to other lawyers, relatives, close personal friends, and existing or former clients, and information on the lawyer’s website(s). 16. Proposed Rule 4-7.11 Firm Names and Letterhead – Prohibits law firm name or letterhead that violates the ad rules, permits use of non-misleading trade names, requires that lawyer who advertises under trade name practice under the name, permits use of same name for interstate law firm, but requires listing of jurisdictional limitations, prohibits a firm name from indicating partnership when not true, and sets forth requirements for lawyers employed by an insurance company who practice under the name of their supervisory lawyer. 17. Proposed Rule 4-7.12 Lawyer Referral Services – Prohibits accepting referrals from a lawyer referral service unless the service: uses only ads that comply with the lawyer ad rules, engages in no fee-splitting with the lawyer, refers clients only to persons who are authorized to provide legal services, carries or requires lawyers to carry malpractice insurance of at least $100,000, provides the bar with quarterly reports of participating lawyers, provides the bar with quarterly reports of who is authorized to act for the service, responds in writing within 15 days to any official bar inquiry, does not state or imply that it is endorsed by the Florida Bar, uses its legal or registered fictitious name in communications with the public, affirmatively states in communications with the public that it is a lawyer referral service, affirmatively states in ads that lawyers pay to participate. Makes lawyers who accept referrals responsible for ads on behalf of the service and defines lawyer referral service. 18. Proposed Rule 4-7.13 Lawyer Directory Defines lawyer directory, excluding certain local and voluntary bar associations and traditional telephone directories. Prohibits advertising in a directory unless the directory: disseminates only ads that comply with the lawyer advertising rules, receives only a flat weekly, monthly or annual charge and therefore engages in no fee-splitting with the lawyer, lists only persons who are authorized to provide legal services, responds in writing within 15 days to any official bar inquiry, does not state or imply that it is endorsed by the Florida Bar, uses its legal or registered fictitious name in communications with the public, and affirmatively states in communications with the public that it is a directory. STANDING BOARD POLICIES 1100 Series Meetings and Conventions 19. SBP 11.21 Resolutions at Annual Meeting Summary: Deletes SBP 11.21 in its entirety – obsolete after bylaw 2-5.2 was deleted in its entirety, effective March 9, 2011. 1500 Series Lawyer Regulation Policies 20. SBP 15.90 Review and Approval of Disciplinary Cost Payment Plans Summary: Within subdivision (a), adds “due to the Bar” to the title. Deletes subdivision (a)(2), restitution. Within subdivision (a)(3), renumbers and lowers from 90 to 30 the number of days after which diversion fees are delinquent. Deletes subdivision (a)(4), fee arbitration awards. Adds new subdivision (b) stating that restitution or arbitration awards awarded by courts of arbitration panels not paid within 30 days after the award or court order is final are payment delinquencies. Within subdivision (e) [proposed subdivision (f)] and (h) [proposed subdivision (i)] adds that review of payment plans of duration longer than one year must be reviewed by the Disciplinary Review Committee subject to final approval by the board of governors. Renumbers subsequent subdivisions accordingly. Other editorial and style changes made. SECTION BYLAWS 21. Bylaws – Appellate Practice Section ARTICLE V – DUTIES AND POWER OF EXECUTIVE COUNCIL Within Section 2., allows the secretary/treasurer to authorize section funds for expenses associated with activities included within the annual budget. Within Section 5, establishes procedures for expedited voting between meetings; defines binding action, indicates that binding action in expedited voting is by a majority of executive council members who have not abstained, and states that ex officio members will be deemed to have abstained unless they affirmatively state otherwise. 22. Bylaws – Real Property, Probate & Trust Law ARTICLE I – NAME AND PURPOSES Section 1. Name. Makes minor style change. Section 2. Purposes. Reorganizes and makes stylistic edits for greater clarity. Clarifies that the purview of the section extends to fields of law that are related to real property, probate and trust law, such as guardianship law. Clarifies that construction law is within the scope of real property law. Places a greater emphasis on section service to the public. ARTICLE II – SECTION MEMBERSHIP Section 1. Membership Types. Makes stylistic edits throughout for greater clarity. Subdivision (a) adds language to provide that if an active section member ceases to be a member of the section because the member is no longer a member of The Florida Bar in good standing, reinstatement as a member of The Florida Bar in good standing shall automatically reinstate the person as an active section member, provided that the member is current in the payment of section dues. Subdivision (d) moved to new Section 4 (see below) Section 2. Membership Year. Makes stylistic edits for greater clarity. Section 3. Dues. Makes stylistic edits for greater clarity. Section 4. New, moved from Section 2.(d). Title added and adds “misconduct involving moral turpitude” to the grounds for which section membership may be terminated by two-thirds vote of the executive council at an in-state meeting after notice and opportunity to be heard. Stylistic edits for greater clarity. ARTICLE III – ORGANIZATION Reorganizes and makes stylistic edits for greater clarity. Adds references to section liaisons, who are members of the executive council. ARTICLE IV – OFFICERS, ELECTED POSITIONS, AND EXECUTIVE COMMITTEE Section 1. Officers. Makes stylistic edits for greater clarity. Changes circuit representatives to at-large-members (See Article V for further explanation). Changes circuit representatives director to at-large-members director. Recognizes that there can be more than one representative for out-of-state members. Section 2. Qualifications. Clarifies that no person may serve as a section officer, representative for out-of-state members, or at-large-member unless they are an active section member and that the loss of that status shall cause the office or position to be vacant. Provides that, if the status as an active section member ceases because of a loss of status as a member of The Florida Bar in good standing that is solely attributable to a delinquency in (i) the payment of membership fees or dues; or (ii) completing continuing legal education requirements, reinstatement as a member of The Florida Bar in good standing and as an active section member shall automatically reinstate the member to the vacant office or position if it has not been filled. Section 3. Executive Committee. Reorganizes and makes stylistic edits for greater clarity. Provides that the executive committee shall have “authority to exercise the function of the executive council when and to the extent authorized by the executive council with respect to a specific matter, and on any other matter which the executive committee reasonably determines requires action between meetings of the executive council.” Current bylaws provide that the executive committee has the “authority to take emergency action on behalf of the executive council between regular executive council meetings.” Requires that all action taken by the executive committee on behalf of the executive council be reported to the executive council at its next meeting. Provides that the executive committee shall make recommendations for consideration by the chair-elect in appointing chairs and vice chairs of section committees and section liaisons. Provides that the executive committee shall make recommendations for consideration by the long-range planning committee in submitting nominees for at-large-members. Section 4. Nominating Procedure. Reorganizes and makes stylistic edits for greater clarity. Changes circuit representatives to at-large-members (See Article V for further explanation). Changes circuit representatives director to at-large-members director. Recognizes that there can be more than one representative for out-of-state members. Provides that, if the office of chair-elect becomes vacant during the year, the nominations submitted by the long-range planning committee for the following year shall include a nominee for the office of section chair. Provides that, in submitting nominations for at-large-members, the long-range planning committee shall consider recommendations from the at-large-members director and the executive committee. Increases from ten to twenty-five, the minimum number of section members needed to make nominations for any elected section office or position in addition to the nominations made by the long-range planning committee. Section 5. Election and Term of Offices and Positions. Reorganizes and makes stylistic edits for greater clarity. Changes circuit representatives to at-large-members (See Article V for further explanation). Recognizes that there can be more than one representative for out-of-state members. Requires that the election meeting for the election of officers, representatives for out-of-state members, and at-large-members, be held prior to July 1 of each year. Provides that the one year term of persons elected to an office or position shall begin on July 1. Current bylaws provide that the term begins at the conclusion of the annual convention of The Florida Bar. Section 6. Duties of Officers. Provides several refinements and clarifications in the duties of section officers. Provides that the at-large-members director shall have responsibility for the at-large-member and shall provide recommendations to the long-range planning committee for nominating at-large-members nominees, define the responsibilities of the at-large-members, and evaluate their performance. Section 7. Vacancies. Establishes rules and procedures for filling vacancies in section offices and eliminates conflicting provisions contained in current bylaws. Provides that a vacancy in the office of section chair shall be filled by the chair-elect. Provides that, in the event of a vacancy in the office of chair-elect, the duties of that office shall be assumed by the chair and a new chair shall be elected at next election meeting. Provides that, in the event of vacancies in the offices of both chair and chair-elect, the long-range planning committee shall select a chair, who shall also assume the duties of the chair-elect, and that a new chair and chair-elect shall be elected at next election meeting. Provides that vacancies in any other office which occur within six weeks of the next in-state executive council meeting shall be filled by the executive council at that meeting. If the vacancy occurs more than six weeks prior to such a meeting, the vacancy shall be filled by the executive committee. Provides that vacancies in the positions of member-at-large or representative for out-of-state members shall be filled by the chair. ARTICLE V – EXECUTIVE COUNCIL Section 1. Powers and Duties. Reorganizes and makes stylistic edits for greater clarity. Section 2. Membership. Makes stylistic edits for greater clarity. Clarifies that vice chairs of section committees and section liaisons are executive council members. Authorizes more than one representative for out-of-state members. Changes circuit representatives to at-large-members. Changes circuit representatives director to at-large-members director. Section 3. At-Large-Members and Regional Representation. Reorganizes and makes stylistic edits for greater clarity. Provides that the at-large-members category of executive council membership is intended to help the section achieve its goal of maintaining active, productive members on the executive council, while preserving regional representation. To be considered for nomination as an at-large-member, prospective members must demonstrate the willingness and ability, through previous committee leadership or otherwise, to assist the section with its needs. It is anticipated that the existence of the at-large-members category of membership will facilitate a more efficient and effective allocation of resources within the executive council. Provides that, to the extent that section officers, chairs and vice chairs of section committees, section liaisons, and representatives for the out-of-state members of the section serving on the executive council do not include geographical representation from each judicial circuit and outside of Florida, the at-large-members should include such representation when reasonably practicable. The current bylaws require at least one circuit representative from each judicial circuit. Section 4. Attendance. Reorganizes and makes stylistic edits for greater clarity. Increases the procedural requirements that must be complied with to reestablish executive council membership following an automatic resignation resulting from a failure to comply with the mandatory attendance requirement for executive council meetings.ARTICLE VI – SECTION COMMITTEES AND LIAISONS Section 1. Committees. Makes stylistic edits for greater clarity. Gives the section chair the authority to dissolve section committees and eliminate section liaison positions. Section 2. Section Committee Chairs and Liaisons. Makes stylistic edits for greater clarity. Gives the chair-elect the authority to appoint committee chairs, committee vice chairs, and section liaisons for the coming year during which the chair-elect will serve as section chair. Gives the section chair the authority to remove committee chairs, committee vice chairs, and section liaisons, and to fill vacancies in those positions. Section 3. Committee Members. Gives committee chairs the authority to appoint and remove members to and from section committees. Section 4. Section Membership Requirement. Provides that no person may serve as a (i) chair, vice chair, or voting member of any section committee; or (ii) section liaison, unless they are an active section member, and that the loss of that status shall cause the position to be vacant. Further provides that if status of an active section member ceases because of a loss of status as a member of The Florida Bar in good standing that is solely attributable to a delinquency in (i) the payment of membership fees or dues; or (ii) completing continuing legal education requirements, reinstatement as a member of The Florida Bar in good standing and as an active section member shall automatically reinstate the member to the vacant position if it has not been filled. Section 5. Committee Reports. Requires that the chairs of section committees provide annual reports to the executive committee and clarifies the confidential status of those reports.ARTICLE VII – MEETINGS Section 1. Annual/Election Meeting of the Section. Makes stylistic edits for greater clarity. Requires that the annual election meeting of the section be held prior to July 1 of each year and provides that voting by proxy is not permitted at that meeting. Section 2. Executive Council Meetings. Makes stylistic edits for greater clarity. Clarifies that the executive council must conduct at least three in-state meetings each year. Provides that voting by proxy at executive council meetings is not permitted. Authorizes the executive council to transact business by voting on matters electronically. Section 3. Executive Committee Meetings. Makes stylistic edits for greater clarity. Provides that the chair shall fix the date and location and give notice of meetings of the executive committee, and requires that it hold an organizational meeting prior to the beginning of each membership year. Provides that voting by proxy at executive committee meetings is not permitted. Provides that the executive committee may also take action by mail, e-mail, or telephone. New Section 4. Provides that, in conducting meetings of the section and its subdivisions, provisions contained in these bylaws shall prevail over any conflicting provision in Robert’s Rules of Order, and that the section chair may appoint a parliamentarian to advise and assist the section chair or any other person presiding over a meeting of the section or any of its subdivisions in connection with any procedural issues that may arise. Provides that persons who are not members of the executive council may address the executive council at meetings only with the permission of the section chair or by vote of two-thirds of the members of the executive council present (without debate). MOVED FROM ARTICLE IX. SECTION 6.ARTICLE VIII – LEGISLATIVE, ADMINISTRATIVE, AND JUDICIAL POSITIONS Streamlines, simplifies, and substantially revises the legislation Article in the current bylaws its entirety. Section 1. Authority. Provides that the section may be involved in legislative, administrative, and judicial (including amicus curiae and court rule) activities that are within the purview of the section, provided that those activities are consistent with the purposes of the section and the policies promulgated by the board of governors, both of which are incorporated into this section). Section 2. Section Positions. Implements new terminology of “section position,” which includes all legislative, administrative, or judicial (including amicus curiae and court rule) positions, and establishes a uniform procedure for the adoption of all section positions. Section 3. Legislation Committee. Eliminates the legislation review committee as unnecessary, and provides for only one legislation committee, composed of a committee chair, a vice chair for real property, a vice chair for probate and trust, the section chair, the section chair-elect, the director of the real property law division, the director of the probate and trust law division, and such other members of the executive council as are appointed by the chair of the legislation committee with the approval of the section chair. Section 4. Procedures for Adopting and Reporting Section Positions. Requires that a proposed section position be included on the agenda for the executive council meeting and that supporting documentation be distributed to the executive council at least one week prior to the executive council meeting, unless those requirements are waived by two-thirds of the members of the executive council present at that meeting. Provides that the adoption of a section position requires that two-thirds of the executive council members present at the meeting approve it and find that it is within the purview of the section, as defined in section 1 of this article. Further provides that voting by proxy is not permitted. Provides that, in those circumstances where the executive committee is authorized to adopt a section position because time constraints do not permit action by the executive council, approval of the section position requires a two-thirds vote of the executive committee. Further provides that the adoption of a section position by the executive committee shall be reported to the executive council at its next meeting. Requires that written notice of the adoption of a section position be promptly given to The Florida Bar and circulated for comment to all divisions, sections, and committees of The Florida Bar that are believed to be interested in the matter. Provides that a section position may not be advanced by the section unless it has been submitted to, and not disapproved by, the board of governors. Provides that a section position shall remain in force for the current biennial legislative session unless rescinded by the board of governors. Provides that the section shall not participate as an amicus curiae without the consent of the board of governors. Requires that section positions shall be clearly identified as positions of the section, and not those of The Florida Bar. Section 5. Expenses Incurred in Advancing Section Positions. Provides that if the section lobbyist or section chair requests the appearance of a section member to advance a section position, the member’s reasonable expenses shall be paid by the section in accordance with its budgetary policies. Section 6. Section Lobbyist. Makes stylistic edits for greater clarity. Provides that the section may retain a lobbyist to assist the section in its legislative activities or matters, subject to the approval of the board of governors. Eliminates unnecessary provisions concerning the furnishing of information, budgeting, and payments to a section lobbyist.ARTICLE IX – MISCELLANEOUS Section 1. Integrity of Section Proceedings. Disclosure of Conflict and Recusal. Includes an ethics and conflict of interest policy requiring disclosure and possible recusal by section members from participation in section proceedings on matters where facts or circumstances exist that would reasonably bring into question an accusation that a section member is biased, prejudiced, or possesses a conflict of interest with respect to that matter. Section 2. Action of The Florida Bar. Renumbered with no change in content. Section 3. Compensation and Expenses. Continues current prohibition on salary or compensation paid to any section member, while allowing reimbursement of reasonable and necessary expenses. The current bylaw requirement of obtaining specific authorization from the section chair and treasurer, or the executive council, for reimbursements is eliminated. Section 4. Policies of the Section. Makes stylistic edits for greater clarity. Eliminates current bylaw provision that all prior policies adopted by the section shall be rescinded by these bylaws. Section 5. Amendments. Makes stylistic edits for greater clarity. Section 6. Conduct of Meetings. MOVED TO ARTICLE VII. SECTION 4. Section 6. Notice. (New) Provides that any bylaw requirement that notice, information, or materials be furnished may be satisfied by (i) any method of delivery specified in the requirement; (ii) transmitting the notice, information or materials by e-mail to any email address provided by the recipient to The Florida Bar; or (iii) posting the notice, information, or materials to the section’s website and notifying the member of the posting by e-mail to any e-mail address provided by the recipient to The Florida Bar. Section 7. Effective Date. (New) Provides that these bylaws shall be effective as of July 1, 2010, or upon their adoption by the executive council, or upon their approval by the board of governors, whichever occurs later. Provides that upon these revised and restated bylaws becoming effective, each existing circuit representative will automatically become an at-large-member, and the existing circuit representatives director will automatically become the at-large-members director.
Panel to review Bar elections process Panel to review Bar elections process A special Elections Committee to look at the Bar’s president-elect process has been appointed by incoming President Michael Higer. Higer announced the committee at the Board of Governors’ Key West meeting and said it could have recommendations at the board’s July 21 meeting in Miami. “The committee will be charged with developing a set of best practices that shall serve as a guideline for future elections,” Higer said. “The committee should develop a set of guidelines for how candidates go about the process of campaigning for election as president-elect, and establish guidelines for everything from when do they first put their name in and start campaigning to how they go about using social media, how many times they send out messages, and how they go about seeking endorsements.” The committee will be chaired by former Bar President Miles McGrane. Other members are former board member and YLD President Juliet Roulhac, former YLD President Gordon Glover, former board member Scott Baena, and current board member Leslie Lott. “I think for our candidates ultimately. . . it’s an unstructured process,” Higer said. “They don’t know when they can start campaigning, how they can start campaigning, and so on. I think it will give them some structure. “Clearly there are some bumps and issues that need to be ironed out. I certainly don’t want to turn this body into a tribunal every election cycle. I certainly don’t want us to be involved in the politics of a campaign during every election cycle. Ultimately, from a policy standpoint, we will have to decide what’s in the best interest in terms of our Bar.” Higer said he might be looking for quick action, so any policy changes can be made before the next election cycle. Filing deadline for the next president-elect race is December 15. July 1, 2017 Regular News
What started as a hobby for Coe and Van Loo Consultants President Ryan Weed has now become a way to connect with clients and coworkers. Weed has been with the design and engineering firm for 18 years, working his way up from drafter, an entry level position, to president and CEO, having been asked to step up in January of this year.Part of a long-lasting relationship with APS, Weed has come to spend more than just business hours with some of its employees. Trying to connect with clients with potential mutual hobbies was a habit of Weed’s, and after finding out about the company’s cycling team, he joined.The rides are often organized races for charity with money raised by employees with a company matching program in place. While rides average between 40 and 50 miles round-trip, the group mixes up its routes to keep the scenery interesting, sometimes meeting with other cycling groups to turn the group ride into a larger event.These bigger rides offer a chance for Weed and the other riders to catch up with cyclists they don’t see often.“It’s good to have a client that respects your work, but it’s better to have a client that respects your work and you have some sort of personal connection with,” Weed says.Having a personal relationship with clients is just as important as having strong relationships with colleagues, he says. Weed appreciates these relationships and CVL fosters them as part of its company culture. With project teams all over the building, employee engagement is important to the company, which encourages team bonding as well as working across teams.That’s seen in the fact that CVL has both planning and landscape architecture departments within the firm. Allowing engineers to work with the more creative people at the firm allows everyone to learn to see and understand things from another perspective.“It helps our clients have one firm they can go to for essentially all of their project needs, which was originally the concept. It’s an old adage now: a one- stop shop for clients,” he said.Having a multi-faceted firm is just one way Weed ensures his company adds the something extra to the work it provides. Weed prefers cycling but realizes everyone has different hobbies.“They’ll go golfing or they’ll go to lunch or they’ll keep up with their clients in different ways that help strengthen their personal relationships,” Weed says.
NPR:Thomas O’Donnell’s kindergarten kids are all hopped up to read about Twiggle the anthropomorphic Turtle. “Who can tell me why Twiggle here is sad,” O’Donnell asks his class at Matthew Henson Elementary School in Baltimore.“Because he doesn’t have no friends,” a student pipes up. And how do people look when they’re sad?“They look down!” the whole class screams out.Yeah, Twiggle is lonely. But, eventually, he befriends a hedgehog, a duck and a dog. And along the way, he learns how to play, help and share.These are crucial skills we all need to learn, even in preschool and kindergarten. And common sense — along with a growing body of research — shows that mastering social skills early on can help people stay out of trouble all the way into their adult lives.Read the whole story: NPR More of our Members in the Media >
DeMoulpied comes to LSI from the Private Client Services practice of Ernst & Young where he managed strategy & operations improvement engagements for privately held client businesses. Some of his prior roles include VP of strategic development, director of strategic initiatives, and Lean Six Sigma Master Black Belt at OptumHealth, UnitedHealth Group’s health services business, as well as Lean Six Sigma Black Belt at General Electric, where he applied operations improvement principles to customer service, supply chain and product development. A successful entrepreneur, deMoulpied is also the founder of PrestoFresh, a Cleveland-based e-commerce food/grocery business. DENVER, NC – Calico Coatings, a provider of performance coatings, has hired Bala Kailasshankar to head up its Research & Development program. AdvertisementClick Here to Read MoreAdvertisement Kailasshankar is originally from Madras, India. He holds a bachelor’s degree in Metallurgy from the famed Indian Institute of Technology and a master’s degree in Mechanical Engineering from North Carolina A&T State University. He was earlier Assistant Chief Metallurgist for Leyland India. He has an extensive background in metallurgy and materials science, thermochemical diffusion and deposition processes, vacuum deposition coatings, ceramic coatings and failure analysis. He has done advanced training in the UK, France and the United States. For more information about Calico Coatings, go to: http://www.CalicoCoatings.com.,Lubrication Specialties Inc. (LSI), manufacturer of Hot Shot’s Secret brand of performance additives and oils, recently announced the expansion of senior leadership. Steve deMoulpied joins LSI as the company’s chief operating officer (COO). AdvertisementClick Here to Read MoreAdvertisement With more than 20 years of experience across multiple industries and functional areas, deMoulpied has particular expertise in organizations with complex technical products. Combined, his prior positions have required a spectrum of skills in corporate strategy, operations improvement, product quality, and revenue cycle management. He has an impressive history of utilizing data driven problem solving (Lean Six Sigma) and project management (PMP and CSM) to achieve strategic goals surrounding customer satisfaction, operational efficiency and improved profit. LSI President Brett Tennar says, “Steve’s success in developing operational strategies that improves the bottom line, builds teamwork, reduces waste and ensures quality product development and distribution checks many of the boxes of what we were looking for in a COO. This, coupled with his career in the Air Force working with highly technical systems and his in-depth understanding of Lean Six Sigma and Business Process Management sealed our offer. As our tagline states, our products are Powered by Science. This data driven approach is one reason why our company has grown exponentially as we employ the most advanced technology to product development. I am confident that Steve is the right person to drive operational strategy for our diverse and growing brands.” Advertisement DeMoulpied has a Bachelor of Science degree in Engineering Management from the United States Air Force Academy and a Master of Business Administration degree from the University of Dayton in Marketing and International Business. He served six years with the USAF overseeing the development of technology used on fighter aircraft and the E-3 Surveillance aircraft, finishing his career honorably as Captain.
It should come as no surprise that a great majority of Wainscott residents are asking East Hampton Town to withdraw support for Deepwater Wind.A review of the company’s filing with the state makes it apparent long-term plans laid by LIPA and PSEG could well turn the tiny hamlet into an industrial hub funneling energy all the way to Manhattan — right under the nose of a town known for its stringent environmental safeguards.Deepwater’s representatives were helpful at first but have become distant, even dismissive. Rebuttals to charges leveled have often have been exposed as bluster. It’s almost as if having extracted what it can from the town, Deepwater is now moving on to take its chances with the state, where a cozy relationship with the governor — paved with Deepwater donations — will eventually yield the desired outcome.The ultimate indignity is that a lot of people will make a lot of money on this, but our ratepayers will pay more than anyone is letting on.Yes to wind power! Yes to solar energy! The town should be encouraging all kinds of alternate energy and offer incentives to every business and homeowner.But the mass annihilation of our offshore bird population and the ruination of our commercial fishing industry trumps the feel-good rhetoric our three town board members in favor of the project recite as if it were programmed into them like a macabre scene straight out of The Manchurian Candidate.This is not about wind energy. This is about the rape of East Hampton Town. There are communities up and down the Long Island coast that would love to accommodate Deepwater and take the financial incentives that company so glibly offers. Ripping up the streets to install huge underground bunkers that will be able to carry massive amounts of power all pointed at Cove Hollow Road as if it were the Alamo is not a feel-good, clean energy story.This is Our House. We decide its fate, not a European bank, regional power company, and a greedy hedge fund. We need our public officials now like we’ve never needed them before. We can’t afford to get it wrong. Share