MINUTES – February 24, 2005
THE WEST VIRGINIA BAR FOUNDATION, INC.
BOARD OF DIRECTORS MEETING
LAW OFFICES OF BOWLES RICE MCDAVID GRAFF & LOVE:
CHARLESTON – MORGANTOWN & MARTINSBURG
The meeting of the Bar Foundation’s Board of Directors was called by President Al Emch on February 24, 2005 at the law offices of Bowles Rice McDavid Graff & Love in Charleston with video conferencing available in Morgantown and Martinsburg.
Members of the Board participating in Charleston were Elliot Hicks, Bob Goldenberg, Larry Skeen and Vice President Bill File. Participating by video conferencing was Claudia Bentley in Martinsburg and Secretary/Treasurer Elisabeth Rose in Morgantown. Participating by telephone were Carl Harris, Jerry Jones, Cheryl Riley and David Burton. State Bar Executive Director Tom Tinder was also in attendance.
The first item on the Agenda was a review of the Minutes of the last Board of Directors Meeting which was held on December 16, 2004. A motion was duly made, seconded and passed that the Minutes be approved as presented.
President Emch began a discussion of the financial report. The Board members reviewed the financial materials for the first seven months of the fiscal year – July 1, 2004 to January 31, 2005. There were comments made about various revenue and expense matters. It was agreed that the organization was in satisfactory financial condition. A motion was duly made, seconded and passed to approve the financial report as presented.
Mr. Hicks then gave a report on behalf the IOLTA Advisory Committee. The Committee had met earlier in the day and had reviewed $89,000 available for distribution.
A motion was duly made, seconded and passed that $15,000 be placed in the Rainy Day Fund and that $74,000 be distributed in accordance with the Supreme Court IOLTA Order. There were some comment made about a positive increase in IOLTA funds based upon getting higher interest rates from the five largest banks in the state as well as the general increase in interest rates.
On behalf of the Grant Making Committee, Mr. Burton reported that there had been no grant applications received since the last Board of Directors Meeting.
On behalf of the Foundation Fellows Activities Committee, Mr. Goldenberg stated that there no additional actions to be reported by this Committee.
Ms. Bentley then led a discussion on behalf of the Foundation Fellows Nominating Committee consisting of Secretary/Treasurer Rose, Mr. Tinney and Ms. Bentley. She said that the Committee was nominating twenty members of the judiciary and lawyers to be in the 2005 class of Bar Foundation Fellows. The list of nominated individuals is as follows:
- 4th Circuit Court of Appeals Judge Blane Michael – Charleston
- Former Circuit Court Judge and Supreme Court Justice George Scott – Ripley
- Norwood Bentley – Martinsburg
- James K. Brown – Williamsburg, WV (formerly from Charleston)
- Patrick Cassidy – Wheeling
- Michael Cline – Charleston
- Professor Charles DiSalvo – Morgantown
- Michael Farrell – Huntington
- Mary Ellen Griffith – Princeton
- Elliot Hicks – Charleston
- William Holmes – Morgantown
- Gregory McNeer – Huntington
- Joyce Morton – Webster Springs
- Lucien Sammons – West Union
- Scott Segal – Charleston
- Sally Smith – Charleston
- James Stealey – Parkersburg
- Gary Joe Triplett – Charleston
- James Wilson – Clarksburg
- William Wooton – Beckley
Prior to the discussion of these nominations, Ms. Bentley and Mr. Hicks left the room. After comments were made, a motion was duly made, seconded and passed to approve the twenty individuals to be members of the 2005 class of Bar Foundation Fellows. Ms. Bentley and Mr. Hicks returned to the room. President Emch announced that the Foundation Fellows Dinner would be on April 28, 2005 at the Marriott Hotel in Charleston. There will be information sent to the Board members requesting them to make contacts with representatives from the law offices and communities where the Bar Foundation Fellows nominees are located.
The next item for discussion related to the Citizen of the Year and the Lawyer of the Year Awards. The Board members reviewed the nominations that had been received for the Lawyer of the Year. After discussion, a motion was duly made seconded and passed that Federal Court Judge Robert Maxwell be selected at the Lawyer of the Year for 2005. The Board members also discussed the Citizen of the Year. There had been no nominations received. The Board members agreed that nominations would be received by March 15 and distributed for action by the Board so that a selection could be made.
President Emch then announced the members of the Nominating Committee which would consist of Vice President File as Chairperson, Mr. Noone and Ms. Riley as members of the Committee.
The next item on the Agenda related to revisions in the Bar Foundation’s By-Laws. The Board members reviewed a report that had been received from a By-Law Revisions Committee. After a great deal of discussion, a motion was duly made, seconded and passed to make the appropriate changes in the Bar Foundation’s By-Laws to set the Bar Foundation membership dues at $50 per year and $500 for a lifetime membership, to add language to permit the Bar Foundation to employ administrative staff members, to change the fiscal year for the Bar Foundation to July 1 to June 30, to remove Article VIII relating to Gifts and to remove from Article IV, Section C the words – “the current membership of”.
The Board members had a further discussion concerning liability insurance coverage for the members of the Board of Directors. It was agreed that a determination would be made on this situation and reported back at the next meeting of the Board of Directors.
The Board members then spent a significant amount of time reviewing a Strategic Plan for the organization. There was a review of the general Strategic Plan and a decision made to continue efforts relating to membership growth, retirement of debts, grant making, awards and ongoing general programs. The Board members agreed to review the Strategic Plan on a periodic basis at Board of Directors Meetings.
President Emch announced that the next meeting of the Board of Directors would be on May 12, 2005 at 12:00 noon at the State Bar Center in Charleston.
There being no further business to transact, the meeting was adjourned.
PROPOSED BY-LAWS REVISION
The next item on the Agenda related to revisions in the Bar Foundation’s By-Laws. The Board members reviewed a report that had been received from a By-Law Revisions Committee. After a great deal of discussion, a motion was duly made, seconded and passed to make the appropriate changes in the Bar Foundation’s By-Laws to set the Bar Foundation membership dues at $50 per year and $500 for a lifetime membership, to add language to permit the Bar Foundation to employ administrative staff members, to change the fiscal year for the Bar Foundation to July 1 to June 30, to remove Article VIII relating to Gifts and to remove from Article IV, Section C the words – “the current membership of”.