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January 2008The Board’s WorkOld West Backdrop for October Board Meeting by Michael Heatherly Winthrop, October 26–27, 2007 The rescheduling of debate on marriage-and-the-law issues highlighted the Board of Governors’ public session conducted on October 26 in Winthrop. Other items addressed by the BOG included a revised WSBA fiscal-policy manual and appointments to several panels. Regarding marriage and the law, in past months it had appeared that the state Legislature might consider legislation regarding same-sex marriage in the 2008 session. Accordingly, the BOG had anticipated addressing that issue itself in January. The governors needed to decide whether the BOG would take an official stand on proposed legislation and what that stand would be. However, the governors learned that the most recent word from Olympia was that the Legislature appeared unlikely to tackle marriage legislation in 2008. As the urgency for the BOG to take immediate action had disappeared, the Board voted to remove discussion of the topic from its January meeting. However, it appeared that a majority of governors wished to foster ongoing discussion of the subject and maintain a leadership role on the issue. Accordingly, the motion to remove the topic from the January meeting was amended to specify that the BOG would plan an open forum to address the issue in the near future regardless of whether any bill appears in the Legislature. Following further discussion, the BOG passed an additional motion, by Gov. Peter Karademos, to schedule forums on the issue at two upcoming regular BOG meetings: March 7-8, 2008, in Tacoma and April 25-26, 2008, in Spokane. Meanwhile, the BOG adopted most sections of a WSBA “Fiscal Policies and Procedures Manual” to replace the former “Accounting Policy Manual.” Essentially, the manual sets out specific rules for the handling of fiscal accounts under WSBA’s administration. It includes such things as policies for reimbursing staff, volunteers, and BOG members for WSBA-related expenses. For the most part, changes in the new manual were routine, meant to ensure that the policies were in line with proper accounting practices and tax regulations. One item that attracted special attention, however, dealt with WSBA reimbursement of expenses incurred by spouses or domestic partners of BOG members in connection with BOG-related events. The provision at issue states, “Reimbursement for a spouse, domestic partner, or guest will only be made for meals at Board of Governor functions.” Board members pointed out that spouses and domestic partners often accompany them to the eight or so weekend BOG meetings conducted across the state each year, for which WSBA covers hotel lodging and reimburses for mileage. As a practical matter, a spouse or partner’s sharing a hotel room and travel in a private car adds no expense and would not be affected by the new rule. By its terms, the new rule would continue the practice of reimbursing for the spouse or partner’s meals. However, the rule would appear to prohibit WSBA from reimbursing for a spouse or partner’s airfare, which becomes an issue when it is impractical for the BOG member and spouse/partner to travel from their home to the meeting location by car. Coverage of a spouse or partner’s airfare has been allowed in the past, and several board members expressed disappointment that the new rule would appear to prohibit it. In discussing the new rule, several board members applauded WSBA policies that promote the participation of spouses and partners at BOG functions. They contended that spouse/partner participation increases collegiality at BOG-meeting weekends and makes for more productive meetings. On the other hand, Governor David Heller stated that it was unheard of in other professional organizations in which he has been involved for the organization to cover the expenses of spouses or partners. He urged the use of fiscal restraint in the WSBA policies. Ultimately, the BOG approved the new fiscal policy manual, except for the provisions regarding BOG members. That portion of the manual will be discussed again at the December 7-8 meeting in Everett. The BOG also took in a multi-media, audience-participation presentation by the Honorable Marlin Appelwick and Judith Billings, co-chairs of the Council on Public Legal Education, and WSBA Public Legal Education Manager Pam Inglesby. The Council is now an advisory committee of WSBA, reporting directly to the BOG. The presentation outlined the accomplishments of the Council, which was created to promote better public understanding of the law, legal rights, and responsibilities. Programs are particularly aimed at youth. Highlights include working to re-emphasize civics education in K-12 schools, maintaining a citizen-oriented legal information website (www.lawforwa.org), promotion of youth courts, support for high school-level Street Law programs, a Law School for Legislators workshop, and The Flame of Democracy Award, given this year to the Washington State League of Women Voters’ Education Fund. Besides continuing the current programs, in 2008 the Council will co-sponsor Washington’s first youth court conference, push for further public debate regarding civics, and focus on strengthening staffing and finances for the lawforwa website. Finally, the BOG approved the following appointments: Judge Theodore Spearman as Legal Foundation of Washington trustee, and Michael J. Pontarolo and Tom Morris (alternate) to the Commission on Judicial Conduct.
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