American Bar Association
Section of Public Contract Law
Minutes of August 7, 2001 Council Meeting
Chicago, Illinois
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Chair Norman R. Thorpe called the meeting to order at 2:20 p.m. on August 7, 2001, and welcomed all who were in attendance.
Ms. Pat Meagher, Budget and Finance Officer, presented the Section's Proposed Budget for the year 2001-2002 (attached). She pointed out that the dues increase that was approved at the Annual Section meeting earlier in the day, will have a positive effect on this budget. She also explained that the projected investment income of $17,000 is a conservative and probably minimum number based on a flat market. If the market improves, investment income will go up. Ms. Meagher also explained that the projected $17,000 in income for the Public Contract Law Journal in 2001-2002 does not reflect anticipated commitments for advertising for next year, and will be revised upward when we receive firm commitments. In response to a question, Ms. Meagher explained that the projected income for the newsletter results from the fact that it is available on-line through Lexis/Nexis, and the ABA receives a small royalty which is passed on to the PCL Section.
Mark Langevin moved that the budget be approved, and Hugh Bell seconded the motion. The motion was approved on a voice vote.
Chair Thorpe announced that he will be appointing a working group to evaluate whether the Section should consider publishing The Procurement Lawyer on-line in order to save approximately $40,000 in annual publishing costs. The working group will consist of Bobbi Pollack, who is the current editor-in-chief of The Procurement Lawyer; someone from the E-Commerce Committee; and others. The working group will be asked to report to the Council at the San Diego meeting in November, with a recommendation.
Page 12 of the mini-directory that was distributed at the breakfast for Committee Chairs and Vice Chairs includes a list of appointments to working groups of the Section Officer's Conference. Chair Thorpe explained that he has appointed himself to a task force on multi-jurisdictional practice, which is a subsidiary of an ABA Commission on multi-disciplinary practice. The Commission is currently reviewing a proposal that would tighten the current rules on multi-jurisdictional practice, making it more difficult for members of one State bar to engage in any kind of activities in another State. Twelve Sections have already reviewed this proposal and have gone on record as opposing it, taking the position that the rules in this area should be relaxed rather than tightened.
The Chair asked for Council approval to inform the Commission and the task force that our Section shares the views of the twelve other Sections who are in favor of fewer restrictions on multi-jurisdictional practice. The Chair explained that he is seeking this approval quickly because the Commission may be taking action to finalize its report within the next 90 days, before the next meeting of the PCL Section Council. Mr. Currier moved that the Chair be allowed to inform the task force that the Public Contract Law Section shares the view of the twelve other Sections who oppose the proposal that is under consideration by the Commission. Mr. Walz seconded the motion. During discussion of the motion, Mr. Bell explained that due to some recent experiences in attempting to enter an appearance pro hac vice, he strongly supports the motion. The motion was approved on a voice vote.
Mr. Langevin reported on discussions by the Corporate Sponsorship and Support Committee, pertaining to additional financial support for the Section from corporate sponsorships. The Committee has evaluated two arrangements, one of which requires Council approval.
First, the Committee will arrange to expand corporate sponsorship to include the Section's receptions at all meetings rather than just at the annual meeting. Corporate sponsors will be given the option of providing support only for the annual meeting, or for all meetings. Sponsors will be recognized in program literature, and will receive 2 complimentary reception tickets for the Annual Meeting reception. This proposal will be implemented immediately and does not require Council approval, since it is within the specific charter of the Committee.
Second, the Committee recommended that Hill International be permitted to provide financial support for the 2002 Construction Division breakfast (held at the annual meeting) and for the 2002 Construction Division luncheon (held at the Federal Procurement Institute). In return for a payment of $2000, Hill International would be permitted to set up a table in the back of the room for each of these two events, to make available its own promotional literature. Attendees would be free to pick up these materials or not, as they choose. Program materials for these events would state that they are "sponsored by the Public Contract Law Section and made possible by a grant from Hill International." Hill International would also receive two tickets to each event. The Committee's proposal is for a one-year term only, so that the Council will be able to re-evaluate it a year from now.
Mr. Walz moved that the Council approve this proposal from the Corporate Sponsorship and Support Committee. Pat Meagher seconded the motion. The motion carried on a voice vote.
Chair Thorpe noted that he has appointed Immediate Past Chair Greg Smith to chair a new Section Structure and Organization Committee. The Committee has been asked to review the organization of the State and Local Procurement Division, as well as how the Section can best advocate adoption of the Model Procurement Code, and to report back during the year with recommendations for future action. The Chair also noted that Paul Dauer, current Chair of the State and Local Procurement Division, has proposed some immediate revisions in the structure of that Division, pending the results of the review by Mr. Smith's committee.
Mr. Dauer's proposal would create one new committee and re-name two committees. The new committee would be called State and Local False Claims, and would be designed to address the increasing activity in this area at the state and local level. The "State and Local Use of Federal Dollars Committee" would be re-named "Federal Grantee Procurement", which is largely a cosmetic change. The "State and Local Comment Coordination Committee" would be renamed "State and Local Legislation and Regulations Committee", in order to focus members more on identifying and tracking developments in these areas without necessarily generating written comments.
In light of the new Structure and Organization Committee, which will be reviewing related issues over the coming year, Chair Thorpe suggested that Mr. Dauer's proposal be adopted as a pilot program for a one-year period. Jonathan Shaffer moved that the Council accept Mr. Dauer's proposal on that basis, and the motion was seconded by Mr. Currier. The motion carried on a voice vote.
Chair Thorpe then introduced the Section's new law student member, Mr. Juan Villarreal, who is a student at the John Marshall School of Law.
Ms. Meagher reported on one of the issues that came out of the meeting of the Long Range Planning Committee, held on August 6, pertaining to re-structuring of the Section's meetings. She and Ms. Wittie have been asked to study two questions: first, whether the Section should reduce the number of days for Section activities during the annual meeting and if so, how that might be accomplished; and second, whether it would be in the best interests of the Section, in light of continuing fiscal concerns and other factors, to consider holding three rather than four Council meetings each year. Ms. Meagher sought input from interested Section members on both of these questions.
The Chair adjourned the meeting at 3:00 p.m.
Respectfully submitted,
Patricia H .Wittie
Secretary
Attachments:
Budget 2001-2002
Attendance List