MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
January 18, 2008
I. CALL TO ORDER
Chair Holly Somers called the meeting to order at 12:07 PM at the Oregon State Bar office. The following members were present: Dale Johnson, Meg Carman, Rob Guarrasi, Chuck Mundorff, Matt Fisher, Matthew Roy, and bar liaison Suzanne Cushing . Present by phone were Members Mustafa Kasubhai, Julies Masters, Jill Riechers, and Art Stevens. Not present were Members Dean Lederer, Geoff Wren, Jennifer Roumell, Mark Thesing, Linh Vu; and Board of Governor’s Liaison Bette Worcester.
II. MINUTES
Member Johnson moved to approve minutes of the December 21, 2007 meeting, which was second by Member Mundorff. The minutes were approved without amendment.
III. CHAIR REPORT
Chair Somers called for nominations for the 2009 term with elections to be held at Salishan. Chair Somers received confirmation from the following that they wish to remain part of the committee for 2009: Matthew Roy, Matt Fisher, Rob Guarrasi, Chuck Mundorff, Jill Riechers, and Art Stevens. It was recommended that the incoming secretary be an ALJ.
Member Johnson referenced Art. II § 1 of the OSB bylaws indicating a non-lawyer (e.g., paralegal) may be on the committee. Chair Somers requested the Nominations Committee look into this and report back. This will also require verification of the Section Bylaws to be sure no amendments were made that would prohibit non-lawyers from election.
Chair Somers spoke with Board Chair Herman to clarify whether ALJs are able to participate in any votes if/when the EC takes an official position on the change in rules that cap attorney fees in settlements. WCB Chair Herman stated an advisory committee was appointed by the Board, and that the section’s EC wait for a vote until after the advisory committee’s report. She confirmed the Board will want the section’s position.
IV. TREASURER’S REPORT
The projected year end fund balance as of 12/31/07 is expected to be $15,572. The end of the year report is due 1/25/08.
The 2008 budget was discussed. The section was reminded that the donation to Campaign for Equal Justice was increased to $2,000. Anticipated net revenue is expected to be approximately $20,000.
Treasurer Carman recommended conservative use of the anticipated net revenue because the cost of Salishan is expected to increase due to higher rates / fees from the facility.
V. COMMITTEE REPORTS
A. Salishan
Member Mundorff reported that the committee is well under way. A rough agenda has been produced and 9 CLE credits are expected. Judge Jack Landau will be approached to be the keynote speaker.
It was recommended to increase registration fees for WCB members, ALJs, and staff attorneys from $100 to $125. Board Chair Herman communicated the state would still cover this increase in fees for its employees.
General registration fees will remain steady at $175. They did not decrease as per prior discussion because facility costs and speakers’ costs are increasing.
The decision of whether to host a golf tournament is left to the discretion of this committee. It will not likely be held this year.
Member Mundorff suggested lining up a 2009 speaker for Elimination of Bias credit. Member Johnson will look into finding the speaker.
B. Communications
Member Masters updated the website with the prior minutes. She will upload the new roster and will post the bylaws when found.
C. Daughtry Award
Chair Somers identified the three past chairs Linh Vu, Marty Alvey, and Board Chair Herman to review nominations, but Chair Herman cannot participate because of her position with the Board. ALJ Brazeau will be approached and asked to participate. Either Linh or Marty will chair the committee.
There was discussion about the prior questions involving the nominations process. The committee confirmed the issue is procedural and does not require reconsideration of the criteria.
An Advisory Board (not a committee) was recommended to identify problems with the nomination process and recommend changes to the EC for consideration. Concerns included the failure of nominations to discuss a nominee’s exemplification of the award’s criteria.
Nominations for the award will be solicited. Recommendations need to be made to the EC no later than its April 18, 2008 meeting.
D. Legislative
Member Roumell was not present. There was no report.
E. Bench Bar
Member Riechers was present via telephone. There was no new information. The 2008 committee has not yet been identified.
F. Rules
Member Masters was present. There was no new information.
G. Race/Ethnic
Member Johnson will chair the committee. Member Thesing is currently the liaison, but may step down. Member Johnson will perform both the chair and liaison positions.
Member Johnson is looking to recruit members to this committee. He will use the section listserve and asked that EC members ask around their respective firms.
This committee is charged with identifying a speaker for the 2009 Salishan program to provide an Elimination of Bias credit.
Chair Somers provided the committee’s mission statement. Member Johnson was encouraged to further consider the mission statement to see if needs to be amended. Member Johnson will also review the OSB’s diversity statement for possible incorporation.
Recommendations included involvement of Access to Justice. Chair Somers noted that language barriers and cultural nuances can make it difficult for judges to assess credibility, and that additional training by way of CLE would be helpful. Member Johnson will also talk with WCD for additional resources
VI. OLD BUSINESS
A. Daughtry Award Advisory Board
The EC agreed to create the Advisory Board to address the issues outlined above.
B. Salishan
Member Carman moved to adopt the recommendations of the Salishan Committee to increase fees for state employees from $100 to $125. Member Roy seconded the motion. Motion passed.
C. Attorney Fee Cap
Chair Somers tabled any further action on the EC’s consideration of the Board’s proposal to remove the attorney fee cap in settlements pending results of the Advisor Board discussed above.
VII. NEW BUSINESS
There was no new business.
Member Johnson moved to adjourn, which was seconded by Member Carman. The meeting was adjourned at 12:57 p.m.