Policies and Procedures Manual - Section 3 -Association Governance

Advertising & Sponsorship

Advertising Policy

Definitions

The terms “Advertise,” “Advertising” and/or “Advertisement” shall broadly include all paid advertising, sponsorship, or promotional opportunities offered by NCRA, whether in print or online, including all display advertising, classified advertising, event, and other sponsorships, advertising inserts, flyers, or promotional items, etc.

“Advertiser” shall include any individual or entity purchasing Advertising from NCRA regardless of whether they are eligible for or hold NCRA membership.

1. No Advertisement may be false, misleading, deceptive, in poor taste, or contrary to the purposes and objectives of NCRA. NCRA will not publish or allow Advertisements that indicate a preference in terms of race, color, sex, gender, national origin, age, disability, pregnancy, marital status, religion, sexual preference, political affiliation, or that may otherwise be offensive or distasteful.  All such decisions shall be made at NCRA’s sole discretion.
2. Without limitation, no Advertisement or any other communication using NCRA platforms shall promote or highlight reporting methods other than the stenographic method.
3. Although the NCRA certifications and their abbreviations are personal certifications, the phrase “includes RPRs” or “includes Registered Professional Reporters” may be used by a court reporting/captioning entity in its Advertisements but only if a majority of the court reporters/captioners employed or independently contracted by said entity hold said certification. This policy shall equally apply to all other NCRA designations. Mentioning of individuals utilizing other reporting methods other than the stenographic method is not allowed.
4. Only designations currently conferred by NCRA, as well as designations for a court reporter/captioner that are officially recognized by the state in which the court reporter/captioner is licensed to practice, may be used to refer to the services or skills of a court reporter/captioner in an Advertisement. This Advertising Policy is not intended to prohibit or restrict the use of academic degrees or other professional designations unrelated to court reporting/captioning skills or services in Advertisements.
5. A court reporting/captioning entity (agency) may Advertise its stenographic services if a majority of the court reporters/captioners employed or independently contracted by the entity are members in good standing of NCRA and are actively engaged in providing stenographic services. Mentioning services other than stenographic reporting is not allowed.
6. A copy of this Advertising Policy and the NCRA Code of Professional Ethics shall be given and agreed to in writing by each individual or entity that submits an Advertisement. To the extent applicable to the Advertiser's business, each Advertiser also must represent and agree in writing that it supports the purposes and objectives of NCRA and will be bound by the NCRA Code of Professional Ethics. Each Advertiser agrees to provide, upon request, proof that the above requirements are satisfied.  
7. NCRA may reject or terminate any Advertising from any individual or entity that violates this Policy or whose activities are contrary to the purposes and objectives of NCRA or violate the NCRA Code of Professional Ethics. In such case the Advertiser will not be entitled to a refund and will forfeit its rights to obtain any further benefits for the year until there is compliance.
8. All materials are subject to review prior to NCRA publication.

Advertising Complaint Process: Alleged Code of Professional Ethics (COPE) Violations

Definitions

“Advertise,” “Advertising,” and/or “Advertisement" shall include all paid advertising or promotional opportunities offered by NCRA, whether in print or online, including all display advertising, classified advertising, event and other sponsorships, advertising inserts, flyers, or promotional items, etc.

“Advertiser” shall include any individual or entity purchasing Advertising from NCRA regardless of whether they are eligible for or hold NCRA membership.

Advertising Agreements and Scope

As a condition of advertising, all NCRA Advertising agreements shall include an affirmative agreement by the Advertiser that it will abide by NCRA's Advertising and Sponsorship Policy and that it supports the purposes and objectives of NCRA and will comply with the NCRA Code of Professional Ethics.

Actions in violation of COPE need not be apparent or referenced in the content of the Advertising itself to form a basis for complaint. A proven violation of COPE by the Advertiser is sufficient for disciplinary action, including limitations on Advertising privileges regardless of whether the violative behavior is referenced or discussed in the content of the Advertisement.   

Complaints of violations of COPE by the Advertiser will only be considered for activities occurring from the time of signing the Advertising agreement forward. Complaints based on past activities without evidence that these violative practices have continued will be dismissed.

Complaint Process

The NCRA Advertising Complaint Procedures provide the same due process and evidentiary standards as the current COPE process:

Step 1: A formal, written complaint that the Advertiser has violated the Code as well as documentary evidence substantiating the claim must be filed with the Committee on Professional Ethics.

Step 2: The accused entity will have the opportunity to respond to the allegations.

Step 3: The Committee on Professional Ethics will then consider the merits of the allegation and issue a written finding.

Step 4: If there is a finding of violation and a recommendation for the temporary or permanent loss of NCRA Advertising privileges, such decision shall not become final until it is sustained by the NCRA Board of Directors. 

Step 5: The decision of the NCRA Board of Directors whether or not to sustain is final.

Sanctions

If an Advertiser is held in violation of the Code, based upon the severity of the violation, sanctions may include, but are not limited to:

• A cautionary letter, warning or statement of advice; or
• A permanent or temporary loss of NCRA Advertising privileges.

Advertising privileges normally will not be restricted or impinged upon unless a formal complaint has been filed and a final finding of violation has been made. That is, Advertisers usually may continue to advertise while a complaint is pending. Advertising privileges may be suspended pending the outcome of a complaint, however, in situations where the Executive Director of NCRA, in consultation with NCRA’s President and legal counsel, determine in their discretion that the nature of the proposed violation is so blatant and serious that immediate action is required.

Complaints against Advertisers shall only be considered for actions in violation of COPE occurring within one year of the violation.

Vendors/Suppliers Advertising

Vendors/suppliers who compete with vendors/suppliers of programs that NCRA endorses may advertise in NCRA publications and exhibit at NCRA meetings and conferences.

Election Procedures

1. Candidate Rights and Benefits

   Candidates, whether nominated by the Nominating Committee process or member petition, will have the same general rights and benefits.

   As required by the Constitution and Bylaws, the order of names on any ballot or other listing of candidates published by NCRA shall be determined by lot. Such listings shall not designate whether the nomination originated from the Nominating Committee or member petition.

   It is not appropriate or permissible for individual Board Members or the NCRF Trustees to endorse or campaign on behalf of candidates in any elections with the sole exception that sitting directors or officers who are candidates for office may campaign on his or her own behalf.

   The restriction against publicly endorsing candidates does not restrict an individual director or officer from expressing his or her private views on candidates in any private conversation. It is the responsibility of the officer or director to ensure that any private comments are clearly identified as his or her personal opinion(s) and they do not reflect an official position of the Board or Association.

   In order to avoid having any expression of personal opinion(s) misunderstood, if a director or officer is asked about candidate preferences in a public setting (for example, while making a presentation at a state association meeting), that director or officer shall limit his or her response to restating the standing Board policy, which prohibits directors or officers endorsing candidates in elections.

2. Election Committee  
   • In any election cycle in which there are candidates running for election, an Election Committee shall be appointed and responsible for oversight of the election process.
   • The President shall appoint an Election Committee Chair and up to four (4) members subject to approval of the Board.
   • The Committee shall be the authority on interpretation of these election procedures. Candidates shall have the right to immediately appeal any decision of the Election Committee to the Board of Directors.
3. NCRA Duties to Candidates  
   • NCRA will provide each petitioned candidate the names and email addresses of members who signed the candidate's written petition once the threshold of signatures has been met.
   • Petitioned candidates shall have their names posted in the NCRA Election Center within 24 hours after receipt and verification of candidates’ written petitions. Those nominees who were slated by the Nominating Committee for a petitioned office shall now be listed in the NCRA Election Center as a candidate for said office.
   • Each candidate’s biographical material, including name, photograph, and link to electronic brochure, if applicable, will be published in the JCR, JCR Weekly, and in the NCRA Election Center.
   • Biographies shall be no more than 200 words and limited to biographical information and professional history. Campaigning messages or links to campaign materials shall not be included.
   • Candidates should refer to the NCRA Election Center for the elections and nominations timeline for the year, including the:
     • date the Nominating Committee will publish its slate.
     • deadline for contributions of photos and biographical materials in order to allow for publication in the NCRA Election Center, JCR, and JCR Weekly prior to the election.
   • Letters confirming petitioned candidates’ willingness to serve in such office, along with the 100 signatures needed to be added to the ballot, must be received within 60 calendar days after publication of the Nominating Committee slate pursuant to Article VIII, Section 3 c) of the NCRA Constitution and Bylaws.
   • Due to the JCR magazine deadline, candidate(s), who are nominated after the slate announcement but before the expiration of the 60-calendar-day window, should be aware it may be impossible for his or her biographical material to be published in the June issue. However, candidates’ information will be promptly posted in the NCRA Election Center and JCR Weekly.
   • Candidates nominated by written petition, who were not previously considered by the Nominating Committee, shall be required to complete the same application materials required of candidates who were considered by the Nominating Committee within 10 calendar days after submission of the petition. If there is more than one candidate for an office, all responses will be published in the NCRA Election Center. The questionnaires will be removed immediately after the election.
   • At least 10 calendar days prior to the Town Hall(s), candidates may provide NCRA with a one- or two-page PDF-formatted electronic brochure.
   • Seven calendar days prior to the Town Hall(s), NCRA will email a notice to the membership with the link to the Election Center which will contain a full list of candidates, photos, brochures, and questionnaires to all voting members who have a registered email address with NCRA.
4. Town Hall Rules and Guidelines 

   NCRA shall host one or more videoconference Town Hall meeting(s) with all candidates when there is more than one candidate for office. Questions shall be moderated by the Election Committee. The list of questions from which the moderator may ask shall be provided in writing to all candidates one hour before the event. The dates and times of the Town Hall meeting(s) will be determined by the Election Committee and will be published in the NCRA Election Center.

5. Purchase Advertising

   Candidates may advertise through any promotional means made available by NCRA, including but not limited to the JCR and JCR Weekly.

   • Candidates are responsible for familiarizing themselves with the advertising opportunities available and their deadlines for submission.
   • All advertisements will be subject to the terms and conditions set forth for these publications.
   • Neither NCRA nor any member of the Election Committee shall be permitted to create advertising for any candidate.
   • Neither NCRA nor any member of the Election Committee shall be permitted to share information relating to any candidate’s plans for advertising.
6. Reporting Election Results

   The NCRA Executive Director shall inform the Election Committee Chair of the results as soon as voting is closed. This notification shall include the total number of votes cast in each election and for each candidate. The Election Committee Chair shall make all efforts to speak with candidates regarding the results of the election. This notification shall include the total number of votes cast in the election and for each candidate. The Election Committee Chair shall inform the Executive Director as soon as the Chair has spoken with all candidates. NCRA shall then publicly release the results of the election(s).

Endorsement Activities & Guidelines for Campaigning While on Rep Assignments

Board Endorsement Activities

Individual Board members are encouraged to submit names of qualified persons to be forwarded to the Nominating Committee for consideration as possible candidates for the Board of Directors. Board members shall limit submissions to the name of the potential candidate only. Board members are not allowed to submit recommendations for Distinguished Service Award, NCRA Fellows, or NCRF Trustees.

Guidelines for Campaigning While on Rep Assignments

When a Director or Officer who is a candidate in an NCRA election is attending a meeting at NCRA’s expense and representing the Association in an official capacity (e.g., is the NCRA rep at an affiliated association meeting), the following guidelines on engaging in campaign activities apply:

Active campaigning is NOT permissible. Active campaigning includes:

• Incorporating campaign messages into formal presentations to the convention.
• Wearing buttons or hats or other campaign paraphernalia containing campaign messages.
• Personally and directly distributing campaign materials (flyers, buttons, etc.) during state convention events (i.e., personally handing out flyers or buttons at a state convention, reception, or seminar).

Passive campaigning IS permissible provided it is conducted with common sense and discretion to distance and separate from your roles as a candidate and as an official representative doing NCRA business. You are representing the Association; this is not a campaigning opportunity.

Permissible, passive campaigning includes:

• Distributing campaign material (flyers, buttons, etc.) wherever other flyers or promotional literature are being distributed (e.g., at literature tables or as tote bag inserts, whether paid or complimentary if such distribution options are provided by the convention organizers).
• Allowing posters to be displayed in areas provided for this purpose by the convention organizers or paid advertising where provided by the state association.
• If publicly asked as a candidate for your position on an issue, it is preferable to defer an answer to a private conversation, preferably after the convention.

These restrictions do NOT apply to candidates in an NCRA election (including candidates currently serving as an NCRA Officer or Director) who are attending the meeting in an individual capacity and at their own expense (i.e., not as the official NCRA rep to a state convention.)

Fundraising Policy

1. Each governing board (NCRA, NCRF, and NCRA PAC) shall independently establish for itself a clear and specific statement of its own expectations of its own Board Members’ financial support of the entity upon whose Board they sit.  
   1. That statement shall be shared with all persons considering service on those boards prior to the formal nomination process.
2. It shall be an expectation of service that all NCRA Board members shall contribute annually to NCRF in an amount of their own, private determination. It shall also be an expectation of service that all NCRA Board Members consider a contribution annually to NCRA PAC in an amount of their own, private determination subject to existing employment limitations.
   1. This expectation shall be communicated to all persons considering service on the NCRA Board prior to the formal nomination process.
3. Information on all fundraising activities (whether on-going campaigns or periodic, event-based solicitations), describing opportunities to contribute, shall be shared in writing with members of the three governing boards and staff liaisons.  

JCR Purpose Statement

The JCR: the Journal of Court Reporting has two complementary purposes:  To communicate the activities, goals, and mission of its publisher, the National Court Reporters Association; and, simultaneously, to seek out and publish diverse information and views on matters significantly related to the court reporting and captioning professions.  All opinions expressed therein are strictly those of the authors or advertisers unless they are specifically identified as NCRA policy.

Mailing List Policy and Rental Agreement

Rental of a mailing list is limited to the promotion of educational opportunities. Mailing lists within a state are included in seminar evaluation fees for both affiliated and nonaffiliated groups.  

For lists outside of an immediate state or region, the same rate will be charged to affiliates and nonaffiliates (a minimum of $100 per order). However, NCRA may exercise discretion in determining whether a requesting  organization is of sufficient size and the program is of sufficient interest to warrant providing mailing list(s)  outside the immediate state/region.  

NCRA will employ strict member‐privacy guidelines regarding opt‐out requests including, but not limited to, an internal process of removing from rental lists any member who has expressed to NCRA the wish to opt‐out of any or all mailings.

Mailing lists are distributed in an Excel format with name and address upon receipt of payment and the NCRA  Mailing List Agreement.

National Court Reporters Foundation

The slate of nominees to serve as NCRF Trustees will be presented to the NCRA Board of Directors by the Chair of the NCRF Nominating Committee and/or the NCRF Chair in person, either live or via audio or videoconference for the NCRA Board's consideration.

Should the NCRA Board of Directors take under consideration any action that would affect the governance of NCRF, the NCRF Trustees will be notified prior to any vote on such action and will be allowed to give input toward any action from NCRF's viewpoint.

Product Endorsement Policy

The National Court Reporters Association (NCRA) as an entity does not certify, rate, endorse or otherwise promote any products or services except by action of the Board of Directors.

As a general matter, Directors, Officers, staff, and other current "officials" may endorse or promote products or services of their own choice, provided that (1) they make clear that they are acting in their personal capacity and not in their official capacity or on behalf of NCRA; and (2) they take all reasonable efforts to ensure that the vendor does not suggest, in written materials or otherwise, any official connection or endorsement by NCRA.

Notwithstanding the general rule stated above, NCRA Directors, Officers, staff, and other current "officials" may appear in vendor advertising and serve as speakers at vendor booths as long as NCRA is not paying for related expenses; including, but not limited to, lodging expenses, meals, airfare and transportation and no NCRA titles are used or displayed.

For their par, vendors shall comply with the foregoing endorsement rules in connection with their sales and marketing activities. Furthermore, with respect to conventions and other NCRA-sponsored events, vendors shall comply with the NCRA Exhibitor Event Guidelines*.

*The Exhibitor Event Guidelines are part of the exhibitor contract.