Vote in Favor of Robert’s Rules of Order!!!
And NO!!! to Every Other Proposed Bylaw Amendment!!!

Please remember the chaos that NCRA’s current president caused when she bypassed the board process and made major decisions regarding third-party contracting based on her “personal beliefs.”  Please also recollect the meeting on March 9^th that was called  and held in a room that was too small, leaving members (many of whom drove in a snowstorm!) waiting in anterooms while nonmember 1-800 company executives  were allowed to sit in the room with the Board of Directors … and make presentations!  In our opinions, this president should have been “impeached” for violating NCRA’s Code of Professional Ethics. (Please refer back to “A Most Serious Matter” posted on WakeUpNCRA.com, April 27, 2018).

Remember the Petition that was signed by over 1,300 NCRA members in less than two weeks – demanding that NCRA stand by its actions on contracting before NCRA’s president tried to muscle through her “personal beliefs” on third-party contracting … and the Executive Director, while at the Firmowners’ Conference, implored that she will not back off of the third-party contracting stance because NCRA represents ALL reporters, including  those that work for 1-800 companies.*

Membership needs to send a message and not allow the current president and her besties to change NCRA’s voting process or reduce the number of board members that serve on NCRA’s board. 

Please vote in favor of making Robert’s Rules of Order the foundation for running NCRA board meetings.

Please VOTE in favor Bylaw Amendment No. 12 and ONLY Bylaw No. 12.**  Please  vote AGAINST all other Bylaw Amendments.

 Please VOTE, NCRA!
Frank N. Sense

P.S. Please send this post to ten NCRA members so that they know how important it is to VOTE!, too!
*Funny how it was only executives and none of the reporters who work for the 1-800 companies that were in the room presenting on March 9^th, eh?
**After the business meeting, Amendment 12 may be renumbered.  Please pay attention to the ballot.

Stop the SHENANIGANS!
Vote NO! to all Bylaws Amendments … Except for No. 12!

All of us here at WakeUpNCRA! have scoured the 12 (TWELVE!) Amendments to NCRA’s Constitution & Bylaws that membership will vote on on August 1.  We have unanimously concluded that only one should be approved by membership – Number 12!  All of the rest are just more SHENANIGANS!

Number 12 is the Amendment which has authors that are willing to step up:  Sue Terry, Kristin Anderson and Christine Phipps – three current board members!  We submit that they penned this Amendment No. 12 because they must have witnessed some SHENANIGANS!

Amendment No. 12 is an amendment that establishes Robert’s Rules of Order Newly Revised as the parliamentary authority for ALL NCRA business meetings. What … the … H‑E‑Double‑Hockey‑Sticks rules has our Board of Directors been following? SHENANIGANS! Have you ever heard of any organization not using Robert’s Rules as their parliamentary authority?  Even WakeUpNCRA! uses Robert’s Rules to guide us!!!

Stop the SHENANIGANS!  Vote FOR Amendment No. 12, FOR Robert’s Rules to be the guide for ALL business meetings of NCRA!

Amendments 1 through 10 have to do with the election process and the number of directors on NCRA’s Board of Directors.  All of us here at WakeUpNCRA! can’t see a thing wrong with the way the elections process is now, nor the number of directors serving on the board.  For instance, we elect the president of the United States in a 12-hour window, why does electing board members for NCRA’s board need 24 hours? – SHENANIGANS!

In our opinions here at WakeUpNCRA, the most ridiculous proposed Amendment to the Bylaws is No. 11 – changing the name of the association to save the current logo!  SHENANIGANS! We are not kidding!  Somebody has proposed a name change to National Captioners and Reporters Association to save the current logo!  Please, let’s give this major change to our identity some real thought – Vote NO! to No. 11!

Thankfully, all of these changes require a two-thirds majority of the voting members to change the C&B.  Please vote YES! to No. 12 … and NO! to every other proposed Amendment.

Stop the SHENANIGANS, NCRA!
Frank N. Sense

P.S.  Please send this to ten members of NCRA, so that they know to vote on August 1^st to STOP the SHENANIGANS, too!

Letter from the current president of NCRA:

“I would like to take this opportunity to address the third-party contracting issues as they have developed over the past few months.

“In February of 2018, when NCRA was presented with the request to testify in Virginia regarding their legislation, a statement was issued.”

The MEMBER of NCRA clarified that at the Firmowners’ Conference she never asked the Executive Director to testify because she didn’t even know that was an option. 

Board of Directors and members of NCRA, a MEMBER was publicly rebuked by the top-ranking employee of NCRA with many years of association experience who should have known better.  All of us here at WUNCRA, and we’re sure membership in general, are hoping that this issue is given a great deal of attention.

“That statement was created based on conversations in which I have participated over the past eight years with NCRA members and my personal knowledge of the industry.  A message was crafted by me and reviewed by NCRA’s Executive Committee. The message was provided to NCRA’s Executive Director and CEO, Marcia Ferranto, for delivery to the listservs. That message was not approved by the entire Board. As president, I take responsibility for that statement.”

The Executive Director and CEO, who has a “vast amount of association experience” and earns a couple hundred grand a year — paid for by MEMBERSHIP — did not provide elucidation on the proper board process for crafting messages before they were delivered to listservs?

Where are the minutes of that Executive Committee meeting?  Who was present at the Executive Committee meeting?  Associations are not run based on one person’s conversations and their personal knowledge of the industry.  These actions have harmed NCRA and the stenographic reporting profession.  Has the Board of Directors read many of the comments by members on the petition that was presented to the board?  How many members are not going to remain with NCRA, an association that has been around for over 100 years, because of these negligent actions?

The NCRA is in damage-control!  Below is a copy of NCRA’s Standards of Ethical Conduct.  Our cursory review of them shows quite a number of violations of those Standards.  It’s time for leadership to lead!

 “At a meeting held on April 5, 2018, the Board voted to remove all references to the February 2018 statement from the NCRA website. At the same April 5 meeting, the Board voted to rescind the policy adopted by the Board and released to members following the March 9, 2018, meeting. Further, the 1997 Policy in Support of Enactment of Anti-Contracting Laws or Regulations has been amended to add language stating that NCRA will refrain from providing public testimony.”

Why is NCRA going to refrain from providing public testimony? Does it have something to do with the nonmembers that were sitting outside the boardroom as the Board of Directors was meeting in executive session on March 9, 2018?  In our view, the decision to “refrain from testifying” regarding the contracting issue is a HUGE WIN for a certain nonmember alliance, and a HUGE LOSS for membership and the stenographic profession.

We have a hunch that if an action is brought against the Board of Directors for providing public testimony on the contracting issue, Membership will have their backs.

 “NCRA’s model legislation and all reference materials will remain available for use as needed by members.

“A complete statement* prepared and voted on by the Board in an April 16, 2018, meeting can be found at NCRA’s upgraded and newly designed website.** Be sure to have a look around! I would like to thank the Board for the tremendous commitment and deliberation I have witnessed surrounding this issue.

“I have had many conversations with members over the past few months. It is my personal belief that this topic, while emotional, convoluted, and important, must evolve to reflect the industry as it exists in 2018 and moving forward. However, the immediate need to build awareness of the stenographic profession, recruit and graduate new reporters and captioners, promote certification, and provide quality continuing education opportunities so we are a bright reflection of our industry remain my key priorities as I close out my term as 2017-2018 NCRA President.”

Boards are not run by one person’s personal beliefs.

Platitudes!  These issues are not going away.  It’s time for leadership to lead.  It’s time for NCRA to heal.  It’s time that Membership knows that the Board of Directors has our backs.

*Contracting Statement

April 2018

The Board of Directors apologizes for the confusion surrounding its recent discussions regarding contracting. At our meeting on April 5, 2018, we voted formally to remove the February 2018 statement that appeared on the Government Relations page of the NCRA website. The Board formally directed this removal because there was never any Board motion or vote taken at the November 2016 Board meeting as was suggested. Also at our April 5, 2018 meeting, we voted to rescind the Policy adopted at our March 9, 2018 meeting. This action was taken because the March 9, 2018 vote was interpreted by some as signaling that NCRA was rescinding or superseding our 1997 Policy Statement. Our actions on April 5 make absolutely clear that the only change that the Board has approved to the 1997 Policy Statement is that NCRA will refrain from providing public testimony. No other changes in the nature or level of NCRA’s activities were discussed and NCRA’s model legislation and all toolbox materials will remain available as in the past.

The entire Board of Directors should not have to apologize for the actions of four people – three executive committee members and one executive director – whom all of us here at WUNCRA believe should resign for the betterment of the organization.

** We did some looking around, and missing from the website are minutes of board meetings that provide some history of past decisions – even though they are very sparse.

Board Standards of Ethical Conduct
Board of Directors Standards of Ethical Conduct
Revision:  March 2016
Original Adoption:  February 2006

Accountability

• Abide in all respects by the NCRA Code of Professional Ethics and all other rules and regulations of the Association (including but not limited to the Association’s Articles of Incorporation and Bylaws) and will ensure that their registered membership in the Association remains in good standing at all times. 
• Review all information and materials sent in connection with Board business and attend the meetings of the Board and the Board committees to which appointment is accepted.
• Fully disclose, at the earliest opportunity, any information that may result in a perceived or actual conflict of interest and act in accordance with the NCRA Conflict of Interest policy.
• Exercise reasonable care, good faith and due diligence in the Association’s affairs.
• Fully disclose, at the earliest opportunity, information of fact that would have significance in board decision-making.
• Remain accountable for prudent fiscal management of the Association.

Professional Responsibilities

• Exercise extreme care in all oral or written statements and personal speaking engagements to separate expression of personal opinion or belief from communications carrying the color of authority of the Association.   Further, position/title on the Board will not be used when expressing a personal opinion unless acting within one’s capacity and duties as a Board member and representing the Board and the Association’s position on such issue. A disclaimer shall be made indicating that the board member is appearing in a private/personal capacity and not as an NCRA representative. This disclaimer does not relieve you of your duty to be bound by the Board Standards of Ethical Conduct.
• Refrain from discussing outside of the meeting room individual differences and opinions about Board and Board Committee decisions. ***In our opinions here at WUNCRA, this gag order needs to be removed.

• Strive to develop, encourage and uphold the highest standards of personal and professional conduct among one’s colleagues and the NCRA membership as a whole.
• Exercise the powers vested for the good of all members and the Association itself rather than for personal benefit.
• Avoid situations which may be improper or may give the appearance of impropriety.

Confidential Information

• A Board Member shall not use NCRA materials or assets to inure to their personal or professional use or benefit.
• Respect the confidentiality of information acquired through Board service.
• Remain diligent and alert as to what information learned during Board service can or should be shared with others. ***The only things that shouldn’t be shared with membership are covered by the last bullet point in this section.  This is another gag order that needs to be removed from these standards.

• Except as the Board of Directors may otherwise require or as otherwise required by law, no Board member shall share, copy, reproduce, transmit, divulge or otherwise disclose any confidential information related to the affairs of the Association, and each member of the Board will uphold the strict confidentiality of meetings and other deliberations and communications of the Board of Directors.  *** Why so many secrets? These are the sorts of “standards” that have brought NCRA to where it is today! This gag order needs to be removed from these standards.
• “Confidential information” includes but is not limited to discussions in Executive Sessions and information on employees (including compensation); except to the extent that this information is publically available (such as on the Form 990 and the annual audit report).

Collaboration and Cooperation

• Exhibit and maintain a professional level of courtesy, respect and objectivity in all matters related to Association business, including but not limited to Board meetings, assignments, committee work, interactions with other Board members, interactions with members, recognizing that appointment to the Board is a privilege bestowed by one’s colleagues to serve the membership and the mission of the Association.
• Respect the diversity of opinions as expressed or acted upon by any member or group of members.
• Promote collaboration, cooperation and partnership among NCRA members.

This form will be annually reviewed by the Board and signed by each officer and director.

Board Standards of Ethical Conduct Complaint Procedures

Revision: March 2016

Original Adoption: December 2009

The Board Standards of Ethical Conduct (“Board Standards”) is intended to provide guidance and support for the Directors and Officers of NCRA and is not intended to be punitive.  Should an allegation be made that a Director or Officer  currently serving on the NCRA Board of Directors has violated the Board Standards, reasonable attempts shall first be made to resolve the matter informally and collaboratively, and in a positive and supportive manner, with the participation of all Directors and Officers, including the Director or Officer complained against.  Sanctions against a Director or Officer shall only be considered as a last resort.

The following procedures (“the Procedures”) shall be followed in instituting and resolving formal complaints that a Director or Officer currently serving on the NCRA Board of Directors (“Board”) has violated the Board Standards

These Procedures shall only be utilized if an attempt to reach an informal and collaborative resolution is insufficient or deemed by the Board to be inappropriate given the severity of the allegation(s).

As a general rule, once these Procedures have commenced, the Director or Officer that is the subject of the complaint shall not participate in any of the Board’s deliberations on that complaint, nor shall the complainant. Depending upon the circumstances of a particular complaint and the severity of the sanctions that are being considered, the Board may allow greater participation by the parties.

“Executive Director” refers to the Executive Director or his or her designated representative.

A.    Filing and Investigation of Complaints

1. Any NCRA Director, Officer or Member may file a complaint against a Director or Officer currently serving on the NCRA Board of Directors.  All complaints must be in writing, signed by the person making the complaint, and addressed to the Executive Director of the Association.  All complaints must contain the name of the Officer or Director complained against, a description of the conduct complained of, and references to the specific provisions of the Board Standards involved in the complaint.  In addition, the complaint must include all pertinent documentation which is made to substantiate the complaint, available at the time of the complaint.  All complaints must be signed by the complainant and the complainant must affirm that the facts stated in the complaint are true and accurate to the best of the complainant’s knowledge and belief.  The complaint must also contain the complainant’s consent for the Association’s disclosure of the complaint to the Director or Officer complained against, the members of the Board of Directors, and appropriate staff.

2. Once a complaint has been filed and all conditions enumerated in #1 above have been met, NCRA will send all written communications to the person making the complaint and the Director or Officer complained against. The Executive Director shall forward a copy of the complaint to the Director or Officer, along with a copy of these complaint Procedures, and a copy of the Standards, and request that the Director or Officer respond to the complaint in writing within thirty (30) days from the date of the letter of notification.    A copy of any response received shall be forwarded to all other parties.

3. NCRA shall keep confidential all records, documents, files and evidence pertaining to a complaint, and proceedings will be closed to the public, except as may be necessary for compliance with these complaint Procedures or to take ancillary action with respect thereto, or unless ordered otherwise by a court or agency of competent jurisdiction. 

4. Any party initiating a complaint shall agree in writing not to disclose all or part of any record, document, file, evidence, the decision of the Board as well as to indemnify and hold harmless the association from any claim or action that may result from such improper disclosure of information related to the complaint and conduct of the complaint proceeding. 

5. Should a Director or Officer resign from the Board or resign his or her membership in NCRA after these Procedures have been started, the Board shall complete the processing of the complaint as specified in these Procedures.    

B.    Proceedings by the Board of Directors

1. When the thirty-day (30) period has elapsed, or earlier, if a response is received earlier, the Executive Director shall forward the complaint, documents submitted, and the response, if any, to the Board of Directors.  The Board may reach its decision based on the complaint and the response, if any, or may ask the Executive Director to obtain additional information.  The Board may also grant an opportunity for the person making the complaint and the Director or Officer complained against to be heard either in person, through legal counsel or in a format agreed to by all parties.  If the Board determines there are disputed issues of fact that are material to its decision, it may grant any party an opportunity to present relevant information, including documents and witnesses, and an opportunity to cross-examine the witnesses called by any party.  The Board shall be the judge of the relevance and materiality of any information offered, and conformity to legal rules of evidence shall not be necessary.

2. The Board shall thereafter prepare a written decision containing its findings of fact and conclusions.  If the Board finds that a violation has occurred, it may issue a private reprimand, a public reprimand or (in the case of an Officer) may suspend or remove the Officer from his/her position on the Board.

3. Sanctions imposed by the Board shall be determined by a simple majority vote of the Board, except that removal of an Officer from his or her position shall be governed by the requirements of Article VI, Section 3 of the Constitution and Bylaws, specifically, that such removal may be made by “a three-fourths (3/4) vote of the Board of Directors at a meeting at which a quorum is present whenever in its judgment the best interests of the Association would be served thereby. Such removal shall be without prejudice to the contract rights, if any, of the person so removed.”

4. The Board may suspend the processing of the complaint pending the outcome of any related administrative, civil or criminal proceedings, or for any other reason deemed appropriate by the Committee to ensure fairness or due process for all parties.

5. All decisions of the Board shall be final and not subject to any appeal.

C.    Costs and Expenses

Each party shall bear his or her own costs and expenses with respect to any proceeding except as may be specifically authorized by the Board.

D.    Compliance Statement

1. Each Director and Officer shall be provided with a copy of the Board Standard of Ethical Conduct (“the Board Standards”) and this procedures document (“the Procedures”) and shall affirm that they have read, understand and agree to be bound by the Board Standards and the Procedures. 

2. Each potential candidate for a Director or Officer position shall be provided with a copy of the Board Standards and the Procedures and shall affirm that they have read, understand and agree to be bound by the Board Standards and the Procedures.

3. NCRA shall publish the Board Standards and the Procedures, and a listing of those Officers, Directors, and candidates for Officer or Director that have agreed to be bound by them on its Web site.

You can read the entire speech at the end of this post, but we thought that we’d highlight a few passages.

“A program that was a good idea 20 years ago may no longer be serving our interests. For instance, should we continue to battle contracting as an issue requiring legislation? If that was the right approach, it would have worked by now, but it hasn’t.”

It sure worked in Virginia!

This is the first mention of NCRA’s stance against contracting that any of us here at WUNCRA could find — 2014.  As a matter of fact, that passage was quoted in a letter floating around social media with a 2015 date written by an alliance. It evidently was used as a cudgel to beat down and defeat anti-contracting legislation in Washington.

We’ve heard from a reliable source that on March 9^th a motion was passed by the board of directors of NCRA that the Executive Committee MUST let the entire board know of their discussions and decisions within three days.   So, how many other decisions have been made by the EC that the board still doesn’t know about?

MEMBERS OF NCRA, IT IS TIME TO REWRITE THE BYLAW THAT IS ALLOWING THE EXECUTIVE COMMITTEE SO MUCH CONTROL OVER THE ASSOCIATION!!!  The “Executive Committee” (just three of them) can get together as a quorum and vote to boot any officer or director off the board if they tell membership anything that the EC doesn’t want membership to know.  This, our fellow members, is called an oligarchy (government by the few)!

 “With two overarching life-and-death issues facing us—the need for all of us to be realtime proficient, and the urgent need to graduate more students into the field—should we be focusing on the issue of contracting?”

Madam Ex-President of NCRA, we’ve got a secret to share with you:  Members of NCRA can walk, chew gum and even “wind the string” with our YoYos at the same time!  We can fight contracting, become realtime proficient and be ETHICAL simultaneously.

“Likewise, recognizing the limitations of our resources, should we expend time and money on feel-good programs like Ethics First? Whether you think Ethics First is a good idea or not, it does nothing to advance our most vital interests, which are graduating students and making all of us competent realtime writers.” 

Hmmm … Ethics are feel-good, eh?  We guess it didn’t violate any ethics codes by changing NCRA’s stance on contracting  behind closed doors??? 

All of us here at WUNCRA believe that it’s time for a refresher course in ETHICS for the vice president, president, immediate past president and perhaps even a few more past presidents of NCRA.  If a survey was taken, we are all very sure that membership believes that “gaming the system” is UNETHICAL!!! *

Membership wants an explanation of why members from Florida were turned away from the board meeting on March 9^th because of too few chairs, but nonmembers were allowed to attend the board meeting AND actually make presentations!!!  It appears that those precious few seats were worth millions of dollars to certain corporations — because nothing beats putting out the anti-contracting wildfire before it even starts at the grassroots.  Ethics be damned!!!

Wake Up, NCRA!
Frank N. Sense

*EXECUTIVE COMMITTEE Section 1 – General

The Executive Committee shall consist of the President, President-Elect, Vice President, Secretary-Treasurer, and Immediate Past President … The Executive Committee shall have and may exercise all the authority and powers of the Board of Directors during the interim periods between meetings of the Board of Directors. **  The Executive Committee shall inform the Board of Directors of any actions taken by the Executive Committee during such interim periods. *** In no event shall the Executive Committee have the authority to modify or rescind any action taken by the Board of Directors.

Section 2 – Quorum and Voting

A majority of the voting members of the Executive Committee shall constitute a quorum (THREE besties!). Any action taken by the Executive Committee, at a meeting at which a quorum is present, shall require the approval of at least three (3) members of the Executive Committee (THREE besties!)  Members of the Executive Committee may participate in any meeting by conference call or other electronic communication media, and such participation shall constitute presence in person at such meeting.

** Members, this one sentence gives the executive committee too much power! This sentence needs to be rewritten to pinpoint exactly the privileges membership wants to bestow on the EC.  That rewrite then needs to be brought up before the entire membership for a vote.  Approval for a change to a bylaw requires a 2/3 majority of the voting members to pass.

*** We believe that since there is no timeline on when the executive committee had to inform the board of directors of the harms they’ve been instituting against membership as they were “gaming the system,” they just didn’t do it.  We guess that they were going to get around to it … sorta like at the executive session on March 9th.

Read the entire speech below:

Good morning. This is my last chance to address you as president of NCRA, so I want to tell you what I think we accomplished this year and then what’s most critical for us, in my view, going forward. For instance, is NCRA spending its resources wisely? I think I have a better focus on that complex question after this year as your president.

In 2011, when I became vice president, I promised to bring a collegial style of governance to our association and a respectful style to my leadership role. I believed then, and now, in a future that works for us, where realtime proficiency is the cornerstone of our value in today’s marketplace. The future I see for us is one where court reporters are sophisticated business people, able to succeed in a competitive market; where our schools are successful and graduate eager young men and women into our ranks; where the vibrancy of our profession attracts people to our field and our association.

I am happy to report that we have made real progress on all those fronts, but today I want to focus on education. Almost two years ago, the board commissioned an educational task force that met and recommended that NCRA get more involved in student education. Tomorrow you will hear the results of one of our core efforts: an industry outlook report which projects the demand for court reporting services three to five years out. The report’s main purpose is to provide marketing data to schools to help them with student recruitment. But it’s more than that. It will provide you, our members, with valuable insight. The report projects that demand for our services will dramatically exceed supply within the next five years. The demographics of that demand are important to understand, and you’ll be the first to hear the results. Don’t miss tomorrow’s session.

Our attention to Education cannot be half-hearted. It must be innovative and sustained. Accordingly, yesterday the board approved the launch of a campaign, called Students First, to follow through on our commitment to student education. Education is “the thing,” the key. It’s not just that the future of this great profession that we all cherish is at stake. In the end, Education is the thing. For firms that need reporters to cover their depositions, Education is the thing. For state associations that want to have members and programs, Education is the thing. For vendors who want to have reporters to sell their products to, Education is the thing.

Students First is the opening salvo in our education campaign. We are primed to hit the streets next month with a clever marketing and public relations campaign designed to engage our schools and reach out to key audiences. Still, Students First is more a team effort to get all of us pushing in the same direction. We need you—you and you and you—our members, leaders, state associations, vendors—to buy into the Students First philosophy. We need to get students into schools and graduate them into the workforce. There is no more important initiative for NCRA. And to succeed, NCRA will need your active involvement to promote the profession of court reporter everywhere you can. This is a call to action. We need your help if this is going to work.

An effective leader of NCRA must assess the world as it is, acknowledge how it’s changed, and leverage reality to our benefit. We have the tools and the skills to do that.

Make no mistake, it’s the market that will dictate what our future looks like; and we need to make a frank assessment of what the market wants. Does the market insist on a live steno reporter in every courtroom in the country? Does the freelance marketplace insist on having only small, locally owned agencies? Or has the marketplace shown that it wants large, nationwide court reporting firms that offer one-stop shopping for large law firms and insurance companies?

Reality is a moving target, and it has evolved in our field just as it has everywhere else. We cannot turn the clock back. It is the job of each and every one of us to hone our skills in order to meet the changing needs of our customers so that we each take our place in a thriving future. 

I’ve watched our association work on a daily basis, from the inside, and I’ve seen what works and what doesn’t. Our resources, in manpower, money and volunteer time, are finite. We must make sure our programs are advancing our core interests, no matter how they may be defined from time to time. A program that was a good idea 20 years ago may no longer be serving our interests. For instance, should we continue to battle contracting as an issue requiring legislation? If that was the right approach, it would have worked by now, but it hasn’t. With two overarching life-and-death issues facing us—the need for all of us to be realtime proficient, and the urgent need to graduate more students into the field—should we be focusing on the issue of contracting? Likewise, recognizing the limitations of our resources, should we expend time and money on feel-good programs like Ethics First? Whether you think Ethics First is a good idea or not, it does nothing to advance our most vital interests, which are graduating students and making all of us competent realtime writers. Unless we achieve those dual goals, we don’t have a future.

It’s understandable that we might like to turn the clock back to a day when there were no national firms, and contracting was a nonexistent issue, and courts only wanted stenowriters in their courtrooms, and nobody cared about realtime and draft transcripts. But that day has come and gone. The world we live in is constrained by tight budgets, the preeminence of “big business” as the ideal business model, and the emergence of alternative technologies to do court reporting that employ digital voice recording, not human beings.

It’s a tougher world in which to succeed. That’s the bad news. The good news is that we have the tools to succeed in that world. And your association is hard at work promoting those tools for your benefit, through our testing programs and the credentials you can earn, and the myriad continuing education opportunities you can take advantage of to stay abreast of changing technologies and marketplace demands.

It’s an exciting time to be a court reporter. We’re making progress. The services that only realtime competence make possible can satisfy the needs of the marketplace in a way that digital recording cannot. We can win the battle of the marketplace—but we all have to do our part. And if we can point to a vibrant, thriving marketplace for realtime reporters, we can attract the students we need into our schools.

You and I, my friends and fellow reporters, are living a drama for survival. The stakes are high. It’s nothing less than our survival as a profession.  NCRA is ready and able to help you succeed. That’s our mission! We need to keep our eye on the prize—realtime and more graduates. That’s what will guarantee our continued success. Nothing else. And NCRA’s board needs your support in promoting those goals. Can we count on you?

As I pass the gavel to incoming president Sarah Nageotte, I would like to leave you with this thought. Reasonable people can differ on how to get where we want to be, but we must find common ground in order to move forward. Our future depends on it.

Here’s to catching some good luck in driving out all the snakes.

Sláinte!
Frank O’Sense

P.S.  Wake Up, NCRA!

So, a bunch of members want to attend the NCRA Board of Directors meeting TOMORROW, and apparently the room is full and a contingent of NCRA’s membership from Florida have been told not to come.

Here’s the president’s response, once again, delayed:

“Leaders: 

“Requests received from members wishing to attend have been placed in the room in order of receipt.  Due to fire codes, we cannot accommodate additional attendees in the room at the same time.”

So, here’s an easy solution:  Move the meeting to a larger venue! 

“We have done our best to reasonably accommodate those wishing to participate to the best of our ability and with the best of intentions. “

Was the decision to take a neutral stance on the contracting issue 16 MONTHS AGO taken with the best intentions, too?

“If states wish to attend and wait in the lobby or one of our small conference rooms for their turn to enter the room, we will accommodate that.  However, the fire code will not allow for more than 30 people in the board room.”

So, here’s an easy solution:  Move the meeting to a larger venue!

You already knew that the room would only hold 30 people, why is this information just being shared now?  SHAME ON YOU!

We have an Executive Director making almost a quarter of a million dollars a year who will not * make arrangements for a proper venue that will seat 100 members of NCRA and with state-of-the-art communications so that members who can’t attend in person can still participate?  SHAME ON YOU, TOO!

“We do want everyone to have the opportunity to be heard. “

No you don’t!

 “We have allowed each state the opportunity to provide a position paper.  We have received several submissions which the board will review.  Thank you.”

Yes, position papers were slammed together and sent in by 5:00 p.m. this past Monday by some AMAZING leaders from around the country.   Does this Board of Directors feel no shame for putting those leaders through those hoops?

“The states present will be allowed to speak for five minutes.  This will not be an interactive session in a question and answer format.”

SHAME ON YOU!

“Arrangements are being made for a realtime captioning stream of this portion of the meeting.  Details will be provided to the listserv. 

So, here’s an easy solution:  Move the meeting to a larger venue! … A  larger venue that will provide state-of-the-art communications for every member who wishes to participate in this very important meeting.

“Our board is aware of the importance of this issue to our members and we thank you for your participation. We all look forward to seeing those of you able to attend on Friday.  Safe travels.”

Then why are you remaining behind the iron curtain of secrecy?

“Respectfully,

“Chris”

Madam President AND Madam Immediate Past President, please … JUST  … RESIGN … NOW!!!  Your “leadership” and secrecy has and continues to cause turmoil!  There are members and leaders traveling to Virginia (many in bad weather!) right now because of all of the chaos that you have created. 

As for the rest of the Board of Directors, your silence is speaking volumes!  You are supposed to be the “cream” of leadership in this country. 

There are over 1300 signatures to the petition that has gone around. That is more members than voted in the last several elections.  When will you finally listen to your membership and LEAD?

There’s an old adage:  Lead, Follow, or Get out of the Way!  Right now NCRA does not need any more followers.  If you’re not going to lead, then just get out of the way.

WAKE UP, NCRA!
Frank N. Sense

P.S.  Let us tell you what is NOT leadership in this situation:  Suddenly becoming an expert on the fire code.

P.P.S. Thank you to the providers of the information for this post. 

* Just like she would not show up for Virginia!

“Section 1 – General

“The Executive Committee shall consist of the President, President-Elect, Vice President, Secretary-Treasurer, and Immediate Past President … The Executive Committee shall have and may exercise all the authority and powers of the Board of Directors during the interim periods between meetings of the Board of Directors. The Executive Committee shall inform the Board of Directors of any actions taken by the Executive Committee during such interim periods. In no event shall the Executive Committee have the authority to modify or rescind any action taken by the Board of Directors.*

“Section 2 – Quorum and Voting

“A majority of the voting members of the Executive Committee shall constitute a quorum. Any action taken by the Executive Committee, at a meeting at which a quorum is present, shall require the approval of at least three (3) members of the Executive Committee. ** Members of the Executive Committee may participate in any meeting by conference call or other electronic communication media, and such participation shall constitute presence in person at such meeting.”

There sure are lots of “shalls” in this section of the bylaws, aren’t there?

* There’s no provision that any of us here at WUNCRA can find in the bylaws that allows the Board of Directors to rescind any action taken by the Executive Committee. We could be wrong, though.

** Yes, the president of NCRA while sipping wine in sunny Wisconsin can gather two of her best friends — if they happen to be, say, the immediate past president and the vice president – and form a quorum to exercise all of the powers of the Board of Directors between meetings!!! We’re wondering if the secretary-treasurer and president-elect even need to be notified that an Executive Committee has been called.

Wake Up, NCRA!
Frank N. Sense

P.S. Please send this to ten NCRA members so that they can know that their association can be run by three people while on a conference call sipping wine, too.

“Thank you for your respectful email, Jennifer. The Board appreciates your sentiments. “

The president of NCRA loves to send platitudes, and to receive them, too.

“First let me say that the East Coast is in the midst of a nasty winter storm.  The federal government is shut down as is the NCRA headquarters.  Staff is working from home, many without power; therefore, access is limited and there may be a delay in getting logistics worked out. “

Saved by a nor’easter!!!  Except that we are reporters and very used to fulfilling last-minute technological requests.  We are SURE that there are MANY reporting agencies in the D.C./Virginia area that are more than willing to set up videoconferencing in NCRA’s new Class-A office space so that membership has access to the March 9^th board meeting.   NCRA is already in the Webinar business and has knowledgeable people on contract or salary that have the background to give the requested access of membership to participate in the March 9^th board meeting.  Crazier things have been live-streamed from a smartphone to a Facebook account.  In summary, Madam President, there is NO EXCUSE for not granting video/audio access to every single member of NCRA to the March 9^th board meeting.

“In the meantime, here in sunny Wisconsin, I propose this: 

“So that everyone has equal opportunity to share their concerns, we are requesting that any state that wishes to submit a one-page position statement do so by emailing it to [email protected] no later than close of business Monday, March 5.  This statement should abide by the antitrust laws as set out by the Federal Trade Commission here and here.  These statements will be provided to the Board for consideration in our discussion. “

How nice of the president of NCRA to give a weekend homework assignment to state leaders while she basks in the sunshine of Wisconsin.  If she doesn’t understand the concerns of just about every single member of the association regarding this contracting issue and NCRA’s “neutrality” stance on it, then she is just too out of touch, and we respectfully request for her resignation.  To request that state leaders gather their boards together to submit their concerns to the NCRA board in 48 hours is just unconscionable!

“Anyone is certainly welcome to attend the meeting in person if they wish.  Please refer to the agenda once it is posted.  The rest of the agenda items may or may not be of interest to you.  I will also forward it to this listserv when available.  

“There is also important information about attending an NCRA Board meeting here.  As a courtesy, please inform me at [email protected] as soon as possible if you intend to join us.  We want to be sure we save you a chair!”

Madam President, another very important piece of information was yours and the rest of the board’s change in stance on the contracting issue to “neutral” that was done in executive session in November of 2016 without the courtesy of sharing that important tidbit with membership until it was discovered after NCRA refused to show up for Virginia during their legislative needs.

“We are considering the possibility of captioning the meeting; however, because of the weather issues today in the DC area, those efforts are also being hampered at this point. “

If this is all that you are going to do for YOUR members to participate in the March 9^th board meeting, just do us all a favor and resign now!

“We are committed to finding a way forward that serves our members and protects NCRA.  Thank you for all the work you are doing on behalf of our members. “

Platitudes! 

“Have a fantastic weekend. 

Chris”

We hope that the sun shone for you all weekend in Wisconsin, too!

WAKE UP, NCRA!
Frank N. Sense

P.S.  Thank you, again, to the contributors of this post.

Here’s the only response from our “leaders” of NCRA this week.* 

Apparently, a whole bunch of state leaders and members want to attend the board of directors’ meeting on March 9^th in Virginia, many others have requested to have the meeting videoconferenced, and the president continues to lead NCRA with a lack of transparency.

So here you have it:

“Good evening, Leaders. 

“The NCRA Board of Directors acknowledges that some of our members have concerns regarding the status of our support as it relates to third-party contracting legislation initiatives.” 

Honey, let us tell ya, save and except for a few steno project people, ALL of the membership of NCRA have more than “concerns” about your third-party contracting legislation initiatives.

“We value the engagement of our members.”

Platitudes! Platitudes!

Probably not.  All of us here at WUNCRA are thinkin’ that the board of directors is wishing that Virginia never spoke to the executive director asking for the backup of NCRA for their anti-contracting legislation and that the November, 2016, executive session held in the dark of night determining that NCRA— by agreement, not a vote – changed its stance on the contracting issue was still buried in those paltry minutes.  Just a hunch, though.

“Our agenda is not quite complete.  We are anticipating delivery to the board sometime tomorrow, at which time it will also be posted on the website. “

As the teacher in “Charlie Brown” says:   Wah! Wha! Whaaa!!!

“Please be advised that based on preliminary conversations with legal counsel, the topic of third-party contracting will very likely be in executive/closed session.  Please review the remainder of the agenda for issues of interest prior to making any travel arrangements.”

More decisions to be made in the dark of night? After all that has happened these past weeks, this board of directors cannot be serious!

“As it relates to the request on this listserv to have remote access to the meeting, we will attempt tomorrow to see what we can do.  Our current board room is not set up to accommodate a Zoom or a telephone meeting.  This has been attempted with less than desirable results.  In the alternative, we will attempt to arrange to have the open portion of the board meeting captioned.   I’m not making any promises, but we will look into the logistics.”

So, the Board of Directors sold our No. 1 asset for $5 million, moved the association into Class-A office space in one of the most expensive areas of the USA … AND the board room cannot accommodate state-of-the-art meeting communications?  All of us here at WUNCRA aren’t buyin’ it, Madam President.

“We will be in touch as soon as possible.  We look forward to a productive meeting. “

Wha! Wha! Whaa!!!  More platitudes and more too little too late (assuming that this board does anything at all)!

“Have a great evening.

“Sincerely,

Chris”

All of us here at WUNCRA believe that it’s time for the board to take a step back and realize exactly WHO you are serving!  If you’re not serving the members who placed you on that board of directors, you need to step down from the board.

NCRA needs some skilled crisis management to take over the reins of NCRA and hopefully save what will be left of this association if this sell-out of membership does not stop!

To paraphrase the Parrot Head:  We need some changes in platitudes, changes in attitudes after all of the board’s cunning and all of its running – you know we’re not laughing because it’s all just insane.

WAKE UP, NCRA!
 Frank N. Sense

P.S. Please send this to ten NCRA members so that they know the latest from the president of the association.

* Thank you, again, to the contributors of this post.

Category 1:   There are reporters who are effectively just discovering ethics.  They’re looking around at the problems NCRA is experiencing and suddenly saying, “We need to put ethics first!”

Category 2:   There are reporters who have lived – and continue to live – a life of ethics.

At this critical moment in NCRA’s history, and on the always critical issue of contracting, we need to listen to the reporters in Category 2.

Shirley Houston is one of those people that we need to listen to.

So, without further ado, here’s a recent post by Shirley:

“Please know that I am not wanting to remain neutral on the contracting issue.

“I am against NCRA not speaking up AGAINST CONTRACTING.

“Contracting first has almost destroyed our profession and now it is destroying our association. Many reporters want contracting to end that are having to work for the contractors to make a living. They cannot even sign a petition because the contracting firms might not hire them for the next  job.*

“I do believe the multicopy case specific cases are ethical so long as all sides are charged the same and treated the same. I have had many friends that have had to sell their firms to contracting firms. Luckily, I did not have to do that because money has never meant as much to me as ethics.

“In the early 70s, NCRA was probably 9,000 members. We decided to get an executive director. We then hired our executive director in 1974 and we probably were about 11,000 members at that time. We added continuing education which was a wonderful addition.

“No one could have cared more about NCRA in these years than I have and almost everyone that knows me will tell you that. That is why I am so distressed that NCRA is not backing the state associations as they should be. I have always believed in belonging to all associations — local, state and national. Each one holds a special place in our legislative endeavors which to me is the main purpose of each association — to keep us in business and to be certain we keep our profession ethical.

“Our Executive Director is new and is following the orders of our officers and directors.** I do hope the Executive Board will again meet and go back to caring about its members like it has in the past.

“I want to say I belong to an association I can be proud of, and if it is true what I am hearing right now, then I can’t say I am proud of NCRA at this time.

“I would urge each member that signed a petition to not jump ship but to stay in there so you can vote the officers and directors out of office that will not fight contracting.***

“Each officer should have to state their opinion on contracting before they are voted on this year. Then you can make your decision of who to vote for.

“It will take about three years of solid effort to eliminate the association of the officers or directors that do not want to follow the guidelines of the majority. ****

“I have seen our association when it was less than 10,000 and finally grew to around 35,000. We are now reaching the bottom to where we are even going to be able to afford an Executive Director.

“Please let’s join together and continue to fight contracting. It is not good for the individual reporter, small business owners or the legal profession. Thanks for listening.”

“Shirley Houston, CSR, RPR, CLVS, Fellow”

WAKE UP, NCRA!
Frank N. Sense