Delegates vote on Association business matters
Here follows a summary of actions related to the Budget, Business and Administrative Matters Reference Committee.
Res. 11H-2009 approved the 2010 budget at $115.2 million in expenses. Anticipated revenues are $114.7 million and delegates chose to fund the deficit from Association reserves.
Res. 12H-2009 set dues for 2010 at the same level as 2009—$498. (Res. 11 and 12 were reported on in greater detail in the Oct. 19 ADA News.)
Res. 19H-2009 amends the ADA Bylaws Chapter V, Sect 130A(c) by directing the Board of Trustees to submit to the House of Delegates the proposed annual budget at least 30 days prior to the opening meeting of the annual session. The Bylaws had previously specified 14 days.
Res. 36H-2009 directs that $32,800 be added to the 2010 Association budget to provide the following enhancements to the meetings of the House of Delegates and district caucuses: electrical power to every third delegate and alternate seat in the House of Delegates, electrical power to the head table for every post-reference committee district caucus meeting, and two support technicians during the meetings of the House of Delegates.
The resolution also directs the Board to study mechanisms for providing wireless Internet or intranet access or other electronic mechanisms to provide efficient, updated information to the House of Delegates, and that the transition to electronic meetings of the House of Delegates be completed for the 2012 session.
Res. 64H-2009 directs the Board of Trustees to establish a protocol to serve as a guideline for selecting an executive director and that the protocol be included in the Board of Trustees Policy Manual, with a report to the 2010 House.
Res. 69H-2009 calls for the establishment of a special committee of the House to study the creation of a new Council on Financial Affairs. The committee is to consist of up to seven delegates or alternate delegates at least three of whom have experience as treasurer, finance committee member, or with special financial expertise, of a constituent dental association, and one member each of the Audit, Finance and Pension Committee of the Board of Trustees as nonvoting ex officio members, appointed by the president. The committee shall report its findings to the 2010 House.
Res. 73H-2009 directs the Board of Trustees continue to study and begin implementation of the recommendations in certain audit and legal reports received by the Association and calls for quarterly posting of reports on the implementation of these recommendations in the delegate section of ADA.org. Also, the quarterly reports are to include those recommendations that cannot be implemented or are deemed inappropriate by the Board and the reasons for non-implementation. Finally, delegates called for an updated report on these matters to the 2010 House.
Res. 77H-2009 directs that in the budget, columns be provided showing the previous year's budget and actual, the current year's budget and projected actual, in addition to the current proposed budget.
Res. 84H-2009 says that the ADA should review its endorsement of patient financing vendors so that patients and dentists are fully informed about all of the terms and conditions of the financing prior to engaging in use of the product.
Also, the ADA is directed to provide information about patient financing programs that members may utilize in determining whether to offer this type of program to patients.
Res. 85H-2009 calls for a study/analysis of the ADA employees' qualified retirement plans (Defined Benefit and 401K) and non-qualified retirement plan (Executive Pay Parity Plan), with a report to the 2010 House of Delegates.
The resolution specifies that the study include a comparison of present plans with possible other plans available, such as defined benefit versus defined contribution, and the projected cost/benefits of the plans for a 15-year period. Delegates called for the use of an independent firm specializing in pension plans with no current relationship with the ADA.
Res. 86H-2009 directs the ADA Board of Trustees, with the assistance of an independent investment consulting firm, to review the current investment policy and recommend various asset allocation models with appropriate investment strategies. The resolution calls for a report to the 2010 House.
Res. 92H-2009 calls for the appropriate ADA agency to report yearly to the House of Delegates the five-year anticipated (projected) dues revenues impact from members' transition to life membership.
Res. 93H-2009 directs the ADA in consultation with the legal department to develop talking points related to the Association's current situation and expedite a report back to the House of Delegates to be available on the House of Delegates page on ADA.org with notification via e-mail, and that the report be available by the close of the 2009 House.
Res. 95H-2009 states that action items and approved minutes of all open meetings of ADA councils and committees and of the Board of Trustees be promptly posted in the Members Only section on ADA.org. It also says that ADA, as the sole shareholder of ADABEI (American Dental Business Enterprises Inc.) shall direct ADABEI and any other subsidiary to post on the Members Only section of ADA.org all approved minutes of Board meetings.
Finally, Res. 95H-2009 directs that security in the Members Only section on ADA.org be enhanced as may be necessary to ensure that members will have exclusive access to the information contained in this Web site area.
Several resolutions were referred to the appropriate agencies for report to and possible action by the 2010 House of Delegates in Orlando. They are summarized here.
Res. 70 states that if any member of the ADA, including delegation member, council, committee or task force member, or Board of Trustees member has been acknowledged as breaking the attorney-client privilege or executive session, that member is, at a minimum, barred from ever again participating in an attorney-client or executive session within the ADA. This shall include such acts which have been acknowledged as occurring prior to the enactment of this resolution.
Res. 67 would specify that candidates for elective or appointive officers may not have had any sanctions bestowed upon them by the Association. Also referred was Res. 67RC, which would direct that anyone found by the Committee on Credentials, Rules and Order to have violated his or her duties to the Association would be disqualified from holding elective or appointive office.
Res. 68 was referred to the Council on Ethics, Bylaws and Judicial Affairs for report to the 2010 House with recommendations for Bylaws changes. The proposal calls for CEBJA to review the Bylaws and craft language that would define the mechanism for sanctions up to and including removal from office of a delegation member or Board of Trustee member if there is found to be cause for removal as shall be defined. That cause, at a minimum, should include those causes as delineated currently for council members. Res. 68 also calls for a method for fair and impartial hearings to be recommended and the establishment of an authorized House committee that can be held on an ad interim basis between annual sessions of the House of Delegates with authority to determine and impose any such sanctions deemed appropriate.
Res. 71 would make it policy of the American Dental Association that any time the position of ADA executive director is vacant the Board of Trustees select an interim executive director within 45 days and that individual should not be a current officer or member of the Board of Trustees. It was referred to the Board Compensation Committee to continue its work in this area.
The resolution calls for amending the Bylaws, Chapter IX. APPOINTIVE OFFICER, by adding a new Section 50:
Section 50. VACANCY: Upon the occurrence of a vacancy in the office of Executive Director, an interim Executive Director shall be appointed by the Board of Trustees within forty-five (45) days of such vacancy occurring whose duties shall be as defined in Section 40 of this Chapter. While any active, life or retired member in good standing may be appointed to serve as interim executive director, the Board of Directors may appoint any qualified individual who is not eligible for membership in the Association, except that any current officer or member of the Board of Trustees shall not be eligible for such appointment. The interval of service and salary, if any, of the interim executive director shall be at the discretion of the Board of Trustees.
The resolution would also amend Chapter VII. BOARD OF TRUSTEES, Section 100. DUTIES, Subsection B, of the ADA Bylaws by giving the Board the power to appoint any interim executive director of the Association in addition to its existing power to appoint an executive director.
Res. 72, referred to the Council on Dental Benefit Programs, would call for the development of an "Employer Section" on ADA.org to educate employers on evaluating dental insurance plans, and the ADA would alert employers and human resource organizations as to the section's existence and benefits.
Res. 74 and 74RC were referred to the Board of Trustees. The two resolutions propose protocol be established regarding which ADA agencies should be involved in the hiring of consultants to the ADA as well as review of contracts and addenda.
Res. 94 would require that all contracts and addenda which bind the ADA in any way would be reviewed by legal prior to execution.