MINUTES
JULY 11, 2000 MEETING
COUNCIL OF THE SECTION OF PUBLIC CONTRACT LAW
The meeting was convened by Chair Smith at 2:15 p.m.
Budget and Finance Officer Pat Meager presented the proposed budget for Bar year 2000-2001 and noted that the Section is in good financial condition. Although there has been a decrease in revenue due to a small decrease in membership and declining revenue from the sale of publications, the Section enjoys a substantial surplus. The proposed budget projects a deficit for the coming year of approximately $40,000.00. Budgets for the past two years also projected a deficit, although in a smaller amount than for the coming year. Meager recommended that the Council approve the proposed budget with the deficit due to the healthy reserve and recommended that the Council authorize the Budget and Finance Officer to review revenue sources and the overall budget so as to make recommendations to balance the budget in the future. Council member David Lane moved for the adoption of the proposed budget and to authorize the budget review, seconded by Council member Carol Park-Conroy. The Council passed the motion unanimously. A copy of the budget for 2000-2001 is attached.
Chair Smith recognized new Council members Karen Kinlin, Mark Langevin, Jonathan Shaffer and Jerry Walz and welcomed them to the Council.
A second item of business was taken up by the Council.
Past Chair John Miller made a presentation concerning the American Infrastructure Consortium, an organization of governmental bodies, large corporations, owners and others, sponsored by the Massachusetts Institute of Technology. The purpose of the Consortium is to develop methods to manage multiple infrastructure procurements simultaneously and to manage and integrate an aggregation of infrastructure projects. John Miller suggested that the revised Model Procurement Code, as approved by the ABA House of Delegates on July 11, 2000, be used to provide the structure and mix of procurement methods to enable Consortium members to achieve their objectives. Miller proposed that the Council discuss and develop a consensus whether the Section of Public Contract Law should be a member of the Consortium. This would require a three-year commitment, but the terms of that membership, including dues payments, are very flexible.
Various Council members and Section members in the audience raised questions and commented during the discussion. It was noted that the Consortium could be a vehicle for publicizing the Model Procurement Code, which could be adopted as the standard for public owners. Miller proposed that a possible role for the Section in the Consortium would be to develop regulations to implement the Model Procurement Code, with funding by the Consortium for a reporter. Further discussion ensued concerning the role of the Section, Consortium membership as opposed to collaboration with the Consortium, and membership as a vehicle for exposure of the Section to many industry associations and public owners.
Chair Smith inquired as to the sense of the Council regarding exploring the option of membership in the Consortium or otherwise working with it. The Council approved further exploration of this project.
Chair Smith appointed David Lane, Michael Hordell, Gilbert Ginsburg, Michael Love and Michael Mutek as an ad hoc committee to work with John Miller to develop more information for Council consideration. The committees recommendations and information should be developed as soon as possible to circulate to Council members and should be presented for discussion at the Fall meeting of the Council in November. The committee also will check with the ABA standing policies to avoid conflicts. A copy of the American Infrastructure Consortiums brochure is attached to these minutes.
Other business was raised by Fred Moss concerning the Sections "Proceedings" on the Sections web site. Moss recommended that the Secretary publish draft minutes on the web site for review by Section members at the same time the draft minutes are distributed to Council members before each meeting. Moss requested that each Council member and Section officer examine the web page to assure that biographical information is correct and complete. Moss also requested that Council members and officers provide photographs to him to be included on the Sections web page.
A copy of the attendance list for the Council meeting is attached. The meeting was adjourned by Chair Smith at 3:00 p.m.
Hubert J. Bell, Jr.
Secretary