2015 Proposed Bylaw Amendments
This is to provide official notice that amendments to NCRA’s Constitution & Bylaws have been proposed.
The proposals have been submitted in a manner consistent with all requirements of Article XVIII, Section 1 of the Constitution & Bylaws (“Originating Proposed Amendments”).
In accordance with Article XVIII, Section 2 (“Procedure and Action on Proposed Amendments”), notice is hereby given to all Members that the following amendment proposals will be voted upon at the next annual business meeting of the membership, July 30, 2015, at the Hilton New York Midtown, New York City.
To be approved, the amendment requires a two-thirds vote of the Voting Members present and voting at the annual business meeting as well as the Voting Members who are voting by electronic mail or other authorized means of electronic transmission.
(The full text of NCRA’s Constitution & Bylaws can be found at www.ncra.org/c&b.)
The language to be added is italicized. Language to be stricken is indicated by strikethrough.
Article III-Membership, Section 4-Registered Members, proposes to strike “the Certified Broadcast Captioner examination, or the Certified CART Provider examination, or who was a Professional Member in good standing on July 21, 1993,” and insert “or who successfully completes the requirements to become a Certified Realtime Captioner.”
Section 4–Registered Members
Any Participating Member who passes the Registered Professional Reporter examination,
the Certified Broadcast Captioner examination, or the Certified CART Provider examination , or who was a Professional Member in good standing on July 21, 1993, or who successfully completes the requirements to become a Certified Realtime Captioner, shall be eligible to become a Registered Member.
Provided, that any Member who currently holds the Certified Broadcast Captioner credential, and/or the Certified CART Provider credential automatically becomes a Certified Realtime Captioner upon adoption of this amendment.
Due to the changes in the CBC/CCP certification programs, Article III, Section 4, of the Constitution and Bylaws requires amending to ensure that Certified Realtime Captioners be considered Registered Members. In addition, the phrase, “or who was a Professional Member in good standing on July 21, 1993” is no longer needed in the bylaws.
Article III-Membership, Section 7–Associate Members, and Section 9-Privileges, proposes to:
1) insert the word “Certified” in Section 7, subsection c);
2) add the words in Section 7 e), “except as allowed for in Article III, Section 9 b)”;
3) insert the words in Section 9, subsection b), “and Certified Legal Video Specialist Associate Members in good standing, upon payment of the equivalent of Participating Member dues,” after the words “verbatim stenographic reporters” and before the words “shall be eligible to vote”;
4) insert new subsection d) in Section 9.
Note that items 2 and 3 are conforming amendments. Therefore, these two amendments will be voted on as one amendment because these two amendments cannot stand without the other.
Section 7–Associate Members
c) Any person seeking to become or who has been certified by the Association as a Certified Legal Video Specialist (CLVS) shall be eligible to become an Associate Member.
e) Associate Members shall not vote, except as allowed for in Article III, Section 9 b).
a) All classes of Members shall enjoy the privileges of the Association except where certain privileges are specifically restricted to a specific class of Member in this Constitution and Bylaws.
b) All Members may attend meetings of the Members and participate in any debates at such meetings. Only Participating Members who are verbatim stenographic reporters and Registered Members who are verbatim stenographic reporters, as well as Retired Lifetime Members and Honorary Members who have been verbatim stenographic reporters, and Certified Legal Video Specialist Associate Members in good standing, upon payment of the equivalent of Participating Member dues, shall be eligible to vote and/or make or second motions at such meetings or to vote by electronic mail or other means of electronic transmission as specifically authorized under Article IX (“Voting Members”).
c) Only Registered Members who are verbatim stenographic reporters or Retired Lifetime Members who have been verbatim stenographic reporters or Honorary Members who have been verbatim stenographic reporters shall be eligible to hold an elective office of the Association.
d) Only Members in good standing holding NCRA certifications, who maintain their certifications as required by the Board of Directors, may use the NCRA certification designations associated with his/her certifications. The only exception is nonmember Certified Legal Video Specialists who have maintained his/her certification as defined by the Board of Directors.
Proposal 1) is to add the formal name of the CLVS certification. Regarding 2) and 3), the Board of Directors charged the Constitution and Bylaws Committee with exploring the possibility of allowing voting rights by Certified Legal Video Specialists who are NCRA members, without changing the Associate Member category. Proposal 4), Section 9, subsection d), is a revision of current Article III, Section 10, subsection b), which more appropriately belongs in Section 9.
Article III-Membership, Section 10–Directory of Reporters, proposes to strike Section 10-Directory of Reporters and insert the following:
Article III, Section 10–Directory o f Reporters The Association shall maintain a directory of reporters which shall be published periodically . a) Only Registered, Participating, Associate, Retired Lifetime, and Honorary Members shall be eligible for listing in the directory. b) Only a Registered Member in good standing in the Association may use the appellations “Registered Professional Reporter” or “RPR.” c) An individual will remain listed in the directory as long as such person is a Member in good standing in the Association and fulfills such requirements as may be properly adopted by the Board of Directors. d) The listing of individual names in the directory shall indicate the degrees and Association certifications held by the individual, along with any required state certification information for that individual.
Article III, Section 10–Directory
The Association shall maintain a directory of individuals which shall indicate NCRA membership and NCRA certifications held by the individuals. Other information may also be included in the directory as may be determined by the Board of Directors.
This section is being amended to clarify and define present procedures as it relates to the directory. The current directory contains a listing of nonmember Certified Legal Video Specialists, who are not reporters, and other information. The current subsection on the use of appellations does not belong in this section and has been changed and moved to Article III, Section 9. The Board previously voted to no longer list state and USCRA certifications because there is not a way to verify such certifications.
Article IV–Dues, Section 1–Annual Dues proposes to strike the words, “and shall be set by the Board of Directors. Any increase” and insert “Any change.”
Section 1–Annual Dues
a) The annual dues for each class of Membership shall be payable in United States funds
and shall be set by the Board of Directors. Any increasechange in the annual dues for any class of membership from that of the previous year shall be recommended by the Board of Directors and shall be approved by the Voting Members at the annual business meeting (as defined herein). The Executive Director shall give notice of such recommendation to all Members in the official publication or by written notice, as the Board of Directors may determine, not less than thirty (30) days preceding the date of such annual business meeting. The annual dues of Associate Members shall not exceed sixty percent (60%) of the dues of Participating or Registered Members. The annual dues of Student Members shall not exceed fifty percent (50%) of the dues of Participating or Registered Members.
This is a housekeeping matter and is proposed for the purpose of clarity. Since subsection a) already states that the dues shall be recommended by the Board of Directors, it’s confusing to also state that the dues will be set by the Board of Directors.
Article IX–Meeting and Voting, Section 3–Voting proposes to strike the words “polling process opens” after the words “12 hours to vote once the” and insert the words “online voting period” after the words “12 hours to vote once the.”
Article IX–Meeting and Voting
d) Members voting by electronic mail and other authorized means of electronic transmission for contested elections and amendments to the Constitution and Bylaws will have 12 hours to vote once the
polling process opens online voting period begins.
This amendment is being proposed for clarity.
Article XII–Structure, Section 2–Committees, Councils and Task Forces proposes to strike: “not later than March 1 of each year, a list of candidates for the Award, together with all available information about the candidates, and with their recommendation for selection. The Board may accept or reject each or all of the committee’s candidates or recommendations” and insert: “at least ninety (90) days prior to the Annual Convention, its recommendation for the award. The Board may accept or reject the committee’s recommendation.”
Section 2–Committees, Councils and Task Forces
d) Distinguished Service Award Committee: This committee shall consist of five (5) members, who may be past recipients of the Distinguished Service Award. Committee members shall be appointed for a term of three (3) years on a rotating basis or for the unexpired portion of a term. This committee shall submit to the Board,
not later than March 1 of each year, a list of candidates for the Award, together with all available information about the candidates, and with their recommendation for selection. The Board may accept or reject each or all of the committee’s candidates or recommendation s. at least ninety (90) days prior to the Annual Convention, its recommendation for the award. The Board may accept or reject the committee’s recommendation. The Board may not independently select its own recipient for this award.
To be consistent throughout the bylaws, it is recommended that the specific date by which an action must take place be removed and replaced with a set number of days prior to the annual convention. Currently, material on all candidates is available upon request by the Board. The proposed revision removes having the Board receive the information on all candidates considered. The DSA Committee only submits one name to the Board which the Board may accept or reject.
Article XII–Structure, Section 4–Compliance Statement of Committee, Council and Task Force Chairs proposes to strike the word “chair” and insert the word “member” in all places where it occurs in the section.
Section 4–Compliance Statement of Committee, Council and Task Force
chairmember of a committee, council or task force shall be given a written explanation of the requirements of antitrust and other laws insofar as they apply to the activities of the Association, and shall sign a written statement in which the chairmember agrees to comply with such laws.
The committee believes that it would make sense to have all members of NCRA committees, councils and task forces, and not just the chairs, become familiar with these laws and requirements of the Association before they begin their committee work.