KANSAS BAR ASSOCIATION Board of Governors Meeting
Friday, Dec. 9, 2016 Polsinelli Law Offices 10:00a - 2:00p 900 W. 48th Place, Suite 900 Q4 Board Meeting Kansas City, MO TIME TOPIC PRESENTER PAGE(S)
10:00 am Call to Order President Steve Six
Strategic Plan Report Jordan Yochim 1-9
President's Report President Six - ABA Standing and Special Committee Appointments 10
Legislative Update - Review of Legislative Conference Whitney Damron, Joe Molina 11-50
2016 Financial Update Jordan Yochim 51- 72 2017 Budget- Board Action: review and approve 73-89
Executive Director's Report Jordan Yochim - Personnel Changes at KBA 90 - Elections; timeline - Elections; policy- Board Action: approve/deny policy 91
Associate Executive Director's Report Deana Mead - Annual Meeting Update - Board Action: approve venue for 92-94 2018
LRS Report Dennis Taylor 95
President Elect's Report Greg Goheen
YLS Report Nathan Eberline
ABA Delegates Report ABA Delegates 96- 108
Unfinished Business - Law and Religion Section - Board Action: approve/decline 109- 118 New Business - Appointments to KLS Board Marilyn Harp 119- 124
Consent Agenda - Minutes from Sept. 30, 2016 meeting 125- 129 - Staff reports (renewals, etc.) 130 135
Executive Session
2:00pm Adjournment I 2-Year Strategic Plan (September 2016 -August 2018) December 2016 Board Report 1 GOALS AND TWO-YEAR OBJECTIVES Goall: To capitalize on its position as the preeminent source of information affecting the Kansas legal community, the KBA will improve the functionality and utility of its website, expand its calendaring function of statewide legal events, emphasize greater social media content consistency and explore the value of a mobile phone application for KBA members. • Objective 1.1: As the leading website for Kansas lawyers and the general public seeking information about Kansas law, the KBA will improve the functionality and utility of the KBA website, looking to expand visitor hits, length of time on site, enhancement of information delivery via video and a commitment to enhance the KBA website for mobile phone visitation. Key Measurables: • 10% annual increase in website visitation • Create 8 KBA videos to supplement information on highly- visited website pages or other areas deemed to be of importance based on member demand or staff input. • Analyze mobile use visitation trends Responsible Party: Membership and Communications Director By When? Q1 report each year on website trends and innovation developments; 3 new videos in 2017; 5 new videos in 2018; PROGRESS REPORT: Website data for the current year is attached including overall web performance, mobile access, and top 20 visited pages Email usage data for October and November attached including open, bounce, and click-through rates Public/lawyer awareness video for Supreme Court Nominating Commission in progress, due to be launched January 2017 Facebook Live streaming of Legislative Conference on 11/30, served on KBA Facebook page and website. 67 attended conference; 117 viewed on Facebook • Objective 1.2: As the state's leading professional association for lawyers, the KBA will expand its commitment to collect, calendar and publicize statewide legal events. Key Measurables: 2 • Institutionalize methods to collect and monitor state legal events, offering to be a promoter of all events designed to connect Kansas lawyers • Three times annually, provide logistical support, speakers or other identified value to other organizations sponsoring events where the KBA can leverage its resources via a partnership engagement Responsible Party: Associate Executive Director By When? 2017 initiative; with board presentation on results in Q 1 2018 PROGRESS REPORT: New categories for KBA and KBF events of interest to boards, sections, committees, membership have been created for website calendar and new processes for collecting and serving calendar content are in place. As content from other bar and legal organizations is gathered, it too is loaded and served. Policies regarding calendar content (including non-competitive events from other bars), and social media and e-blast notifications about content are being drafted. • Objective 1.3: Continue to expand on the KBA's commitment to social media by emphasizing greater social media content consistency. Key Measurables: • New content going out through key KBA channels at least 2x I week Responsible Party: Membership and Communications Director By When? Q4 2016 PROGRESS REPORT: Social media content is being developed/acquired, mapped, and served at least twice a week and more frequently most weeks. • Objective 1.4: Given the smart phone integration into lawyer lives, explore the feasibility and value of a KBA mobile phone application. Key Measurables: • Assess desirability in terms of what value it could provide members, when they would most utilize such a resource 3 • Assess cost • Assess what other State Bar associations are doing re: mobile apps. Responsible Party: Associate Executive Director By When? Q2 2017 PROGRESS REPORT: SocialLink - the new mobile platform feature from YourMembership -provides the mobile phone/tablet technology that we need. The new Sections/LOMAP Coordinator will work with Sections to develop and serve content through SocialLink to the membership. Goal 2: To deliver on its value commitment to members, the KBA will expand LOMAP program capabilities, and explore greater partnership opportunities designed to save members time or money, or generate additional revenue, as an extension of their law practice. • Objective 2.1: Add at least 20 self-help risk management resources to the LOMAP library, available on the KBA website, designed to be law practice management aids designed primarily for small firms and solo practitioner. Key Measurables: • Select three primary points of emphasis for desired LOMAP resource commitment (i.e., new lawyers, transitioning lawyers, government attorneys, starting a firm, the business of law practice) • Work in collaboration with ALPS to co-brand resources deemed valuable Responsible Party: Law Practice Services Director By When? Year End 2017 PROGRESS REPORT: We will revisit this goal when the new LOMAP coordinator is hired. • Objective 2.2: Add two new member benefits designed to save members money or time, or drive additional revenue. Key Measurables: • Perform a "discount" feasibility assessment of market offerings 4 • Develop two programs designed to educate lawyers about increasing client leads or enhancing firm revenue • Survey offerings of other State Bars • Stress test the contemplated new options with a sub-segment of KBA membership before adoption. Responsible Party: Membership and Communications Director By When? Fa112016 PROGRESS REPORT: Two new member benefits - CosmoLex and Bradley Software - were added. CosmoLex was selected based on feedback from LOMAP community and other bar associations. Bradley Software, which has been on the market for some time and with good success, has benefited from "stress testing" within the Kansas bar. Additional member benefits are being explored for the 2017 cycle - KBA forms remain under consideration. Goal3: To meet evolving trends in lawyer networking, the KBA will refine its event planning to ensure networking events are purpose-driven, encourage and advance diversity objectives and produce a 10% year over-year increase in cumulative attendance. • Objective 3.1 Conduct an assessment of current KBA events to ensure alignment within a purpose driven framework, evaluate its results, explore the interconnectedness of events to networking value and explore whether alterations should be made to enhance return on investment, desired result and market appeal. Key Measurables: • 5 recommendations from the assessment Responsible Party: Collaborative senior staff initiative When? Q3 2016 PROGRESS REPORT: To be undertaken in Q1 2017. • Objective 3.2 In the development of network goals, the KBA will identity specific subsections of bar membership for focus, to include but not be limited to gender diversity, racial diversity, geographic diversity, age diversity and stages of an attorney's career. 5 Key Measurables: • Two audiences will be targeted in each of the two years of the plan. Responsible Party: Collaborative senior staff initiative When? Ongoing PROGRESS REPORT: Have started conversations with the YLS to develop and launch programming specific to young attorney interests and needs. Will likely include YLS track programming at 2017 Annual Meeting. Goal 4: In response to a changing CLE landscape, the KBA will continue to emphasize affordable, Kansas-based education, although incrementally shift content delivery focus to better leverage technology (such as webinar and live streaming) and media, and operate CLE with a stated profitability objective. • Objective 4.1: In response to the shifting appetite for legal education to be delivered though channels most convenient to lawyers, reduce the "live CLE to alternative CLE" ratio from 50:50 to 40:60, specifically looking to eliminate live CLEs which are declining in popularity or lack profit potential, without compromising statewide geographic reach. Key Measurables: • With approximately 60 annual CLE programs occurring today, that would equate to a shift from 30 live /30 alternative to 24 live I 26 alternative. [The numbers of programs proposed are for guideline purposes only, and should allow for appropriate flexibility to effectuate the general direction desired given other competing strategic objectives.] • Track attendance by event and seek 10% cumulative increase in year-over-year attendance for programs consistently performed. Responsible Party: Law Practice Services Director, in coordination with the CLE Committee By When? To begin in 2017, with a soft transition in late 2016 PROGRESS REPORT: With new Legal Education Services Director (and outgoing LPS Director) have started to the transition the balance of programming between "live" and "tech" channels. The new rule change by the Commission, changing the definition of "live" to include webinar- and telephone-based CLE programming and 6 expanding the allowed hours to 12,will have unpredictable effects on our CLE efforts. We are also exploring live-streaming for broader CLE attendance, and recording of live programs for distribution to Kansas law firms akin to the LCLI model. • Objective 4.2: Operate CLE with a profitability objective, inclusive of staff time investment. Key Measurables: • 5% return on investment • Ensure opportunities for purpose-driven networking are appropriately integrated in live CLE events, where deemed desirable • Further explore CLE partnership opportunities with other local, specialty or geographic bars, where mutually beneficial Responsible Party: Law Practice Services Director By When? Immediately, with quarterly assessments. PROGRESS REPORT: CLE partnerships have been created with two webinar providers. We will continue our good relationship with the K-State Foundation (Slam Dunk), and are exploring a partnership Stinson Leonard. Our goal is to provide four KBA-developed webinars each month. New accounting categories and reporting are being developed for the 2017 fiscal year to better capture financial data related to specific programs. Goal 5: Beyond programmatic objectives, the KBA will operate the State Bar by maintaining sound fiscal management and accountability through a balanced budget, engage KBA members and new lawyers in biennial surveys as to relevance (and other desired objectives) and retain current membership levels, albeit with a strengthened commitment to data analytics for purposes of forecasting membership demographic trends. • Objective 5.1: Operate the KBA on a balanced budget, with mandatory reporting obligations from management in the event certain revenue or expense expectations may impeded balanced budget expectations. Such "guard rails" will be designed as part of the 2017 budgeting process. Key Measurables: • Integrate into annual budgeting process. 7 Responsible Party: Executive Director By When? Via budgeting process, effective for 2017 PROGRESS REPORT: The proposed 2017 budget is balanced. It has been based on projections and estimates from current operations, known and projected cost changes, expected dues and non-dues revenues, and staff and vendor feedback. Proposed "guardrails" that would trigger reporting include: o Larger than expected membership attrition rate(> 1%) o Non-delivery of expected bookstore content from authors/editors o Lower than projected LRS remittances o Unanticipated changes to annual meeting performance given new location o Effect of CLE rule changes on CLE revenues • Objective 5.2: Survey KBA members and KBA new lawyers on a biennial, staggered basis in organizational relevance, program satisfaction and other questions of organizational importance Key Measurables: • KBA member survey executed in 2017 • KBA new lawyer survey executed in 2018 Responsible Party: Executive Director, in consultation with Executive Committee By When? KBA member survey executed in 2017; KBA new lawyer survey executed in 2018 PROGRESS REPORT: Have started survey planning with the Membership Committee. We are crafting the member survey instrument for committee review in January 2017, launch in March/April of2017. • Objective 5.3: Retain existing KBA membership levels, both on a revenue basis and as a percentage of dues paying members relative to all licensed Kansas attorneys. Key Measurables: • Revenue retention • Dues paying members: all licensed Kansas attorneys 8 Responsible Party: Membership and Communications Director I Executive Director By When? Ongoing PROGRESS REPORT: The attrition rate from 2015 - 2016 was less than 1% (financially and numerically among attorney members). The numerical attrition rate for the KBA has been 1% or less for the past 5 years. The percentage of licensed Kansas attorneys that are KBA members has dropped from 56% in 2012 to 52% in 2016 in part because there are 400 more licensed attorneys in the state (10,696 in 2012 to 11,103 in 2016). • Objective 5.4: Identify and track membership demographic trends affecting the KBA, with special attention on transitions from free membership to paid membership amongst newer lawyers, strengthening the member retention of lawyers transitioning to retirement and identification of other membership growth opportunities. Responsible Party: Membership and Communications Director I Executive Director Key Measurables: • Identify the conversion rates of new lawyers transitioning from free membership to paid membership, and increase that conversion rate by 5%. • Identify trends associated with retiring lawyers opting to discontinue KBA membership, and enhance the marketing appeal of KBA membership amongst this demographic to ensure they stay connected to the legal profession. By When? Provide an annual report to the Board of Governors in Q2 of every year based on previous year actuals. PROGRESS REPORT: We're still determining how best to acquire and analyze this information. Data on "new attorney" and "new government attorney" memberships were only gathered starting in 2013. Before that these categories were counted with their "regular" counterparts. Our "inactive" and "lifetime" categories have grown very slightly over the past five years. This may be a trend as the bar ages, but it's too small and too early to tell. 9 Monday, November 21, 2016 at 10:58:06 AM Central Standard Time Subject: ABA Presidential Committee Appointments Date: Wednesday, November 16, 2016 at 1:45:23 PM Central Standard Time From: Hilarie Bass, ABA President-Elect To: Jordan E. Yochim Note Bar The earlier View this messa~ Dear State Bar President: One of my responsibilities as President-Elect of the American Bar Association is to fill vacancies on ABA Standing anc Special Committees, Commissions and various other entities within the ABA when the terms of current members expi Each ABA year, terms expire for approximately one-third of the members of such Committees and Commissions. We welcome you to recommend individual lawyers for consideration for appointment. An ABA Presidential appointment re membership in the ABA and a desire to contribute to our work. Please note that becoming an ABA member does not guarantee an appointment. Recommendations should be made electronically on the ABA website. Please visit ambar.org/aJ2.P-.Ointments for detaile instructions and the on-line application beginning on December 1, 2016. Recommendations must be received by Febr 22, 2017 for consideration. In addition to your recommendations, we hope that you will encourage any other intereste1 members to fill out the electronic application on their own behalf. Thank you in advance for your assistance. Although there are a limited number of vacancies to fill, the Appointments Committee and I will give each application thorough consideration. If you would like to discuss this process, please fee to contact the 2017-2018 Appointments Committee Chair, Gene Vance, at (859) 231-3000, or [email protected] For questions regarding the on-line application, please contact Danielle Norwood in the Office of the President at (312 5122. Sincerely, Hilarie Bass Sent the Division for Bar Services on behalf of the ABA Office of the President. AMERICAN BARASSOCIATION .:a Update profile 1 u' 08MdiftctitM!tty I'Umlln&JIIIIb 10 Page 1 of 2 KANSAS BAR ASSOCIATION TO: Board of Governors Kansas Bar Association FROM: F. James Robinson, Legislative Committee Chair Whitney Damron, Contract Lobbyist Joseph N. Molina, Governmental Affairs Director RE: Legislative and Political Report 2017 Kansas Legislative Session Preview DATE: December 9, 2016 The KBA Legislative Committee met on November 30th to discuss the 2017 session. The committee received the following reports. REPORTING ITEMS a. Helen Pedigo, Special Counsel to Chief Justice, and Stephanie Bunten gave an in-depth Judicial Budget presentation. The judicial branch has submitted its budget to the governor's office which includes a request to raise judicial budget employee salaries to competitive levels. Pedigo reported that Kansas ranks last in compensation for its judges (45th when adjusted for inflation) and its employees make between 4.6% and 22.2% below market value based on job classification. 32% of judicial branch employees work multiple jobs and one-quarter of judicial branch employees have starting salaries below the federal poverty level for a family of four. The Judicial Branch also requested to fill 20 local employee vacancies and create eight new judicial positions with accompanying staff. In was reported that raising fees to pay for this funding request was no feasible. Bunten reported that over the last eight years funding from the State General Fund (SGF) has decreased from 92% SGF to 78% SGF. The change in funding was due to increases in fees from 7% in 2008 to 21% in 2016. The Judicial Branch recognizes the difficult economic position the state is in but wish to request these salary adjustments to avoid the issue becoming worst. Pedigo requested the KBa support their budget request. b. Whitney Damron provided an election report which is attached. 1 11 c. Molina and Robinson reported on the retention election results. Robinson pointed out that the major urban centers came out decidedly in favor of retention and early voting was a very important part of the election outcome. Four of the Justices received 54% of the vote while Justice Stegall received 70%. This retention percentages were lower than traditional elections but 2-points higher than the retention election from two-years ago (Johnson/Rosen). Four of the five justices up for retention lost more individual counties than they won. Robinson stated that this was a significant victory for fair and impartial courts but the legal community needs to remain vigilant as retention election will continue to draw opposition. Molina developed maps that provide a visual representation of the retention election for each justice. Those maps are attached and they can be viewed online at www.ksbar.org. d. Molina reported that three proposals introduced last year will be reintroduced in 2017. They include: i. Transfer on Death Deed proposal (HB 21 09) ii. ADR mediation proposal (HB 21 01) m. Benefit corporation proposal These proposals have been vetted and approved by their various KBA sections. The Benefit Corporation proposal was drafted by the General Corporate Code subcommittee. They again support introduction of this proposal. ACTION ITEMS The committee took the following action. 2000 Revised Uniform Arbitration Act a. Prof. Linda Elrod and Larry Rute presented the RUAA for consideration. The RUAA is a revision of the original arbitration act passed in 1955. To date 29 states have adopted the RUAA and two have pending legislation. Where the original arbitration act provided the basic framework for engaging in arbitration the revised proposal creates added due process protection for litigants, allows for multi-party arbitration actions and creates safeguards for abuse and coercion. The effect of the RUAA is a more efficient and fair arbitration process as an alternative to litigation and court time. It is also important to recognize that the 2000 RUAA was drafted to avoid federal preemption. The committee voted to approve this proposal on a voice vote. b. The committee also considered the Uniform Family Arbitration Act. This proposal was presented by Prof. Linda Elrod and Larry Rute. The KBA ADR section approved the proposal. After hearing from the Elrod and Rute the committee would like the Family Law 2 12 Section to consider the issue before moving forward. This proposal has been sent to the KBA Family Law Section for their review. DISCUSSION ITEMS a. Kansas Chamber 1. Damron several issues being floated by the Kansas Chamber. They include changes to collateral source, loser pay provision in specific cases, changes to the insurance code for residential damage from fire, lightning etc., and changes to the merit selection process. While these are items the Kansas Chamber is considering we will monitor the situation and report back with any proposals. Damron also used these issues to illustrate the concern that the Kansas Senate does not have a licensed attorney on its judiciary committee. This will require more focused attention on this committee to ensure proper application of the law and detailed consideration of consequences from proposed actions. Robinson thought it would be important to reach out to committee members to advise them of our ability to "vet" proposals and provide neutral testimony. The committee found this idea useful. Y ochim/Molina will draft a letter to all legislators offering our assistance and expertise. 2. Molina reported on the changes to the attorney registration process and the new law requiring the Clerk of the Court to transmit the attorney registration list to the KS Secretary of State's office prior to Supreme Court Nominating Commission elections. Molina has met with Doug Shima, Clerk of the Court, and expressed our concerns with privacy issues and the possibility to "purge" voting rolls for SCNC elections. Molina plans on meeting with Bryan Caskey to discuss these concerns prior to the next election. 3. The committee also discussed the possibility of legislative action mandating IOL TA. Yochim pointed out that Kansas is one of the last to mandate IOLT A accounts and moving to a mandated system would increase monies to the KBF. The committee was concerned about the separation of powers issue and voted Not to support mandatory IOL T A legislation. 4. The committee also discussed changing the Kansas Court of Appeal selection process from a senate confirm model back to the merit selection process. These was broad agreement but with the current makeup of the legislator and high probability that the governor would veto the bill it was decided to take a wait and see approach before pushing this issue. FALL LEGISLATIVE CONFERENCE a. The KBA hosted the 91h Annual Fall Legislative Conference on November 301h. We had four speakers; Kim Knoll provided a free CLE, Nathan Eberline gave a presentation on legislative engagement, Dr. Mark Peterson discussed the recent elections and Duane Goossen discussed the Kansas budget going forward. 3 13 b. The conference was attended by 62 individuals include Rep. Becker, Rep. Ward, Rep. Ralph, Rep. Humphries, Rep. Miller, Rep, Highberger, and Rep. Carmichael. Each a law trained legislator. The conference was also viewed by over I 00 individuals through the Face book Live applications. c. 4 14 KANSAS JUDICIAL BRANCH BUDGET The judiciary receives less than 1% of the state budget. And the judiciary takes seriously its responsibility to be accountable and efficient in its funds management. Most of our activities are mandated by state or federal law leaving few options available for reducing budgeted costs. Total State of Kansas Budget Judicial Portion of State Budget Judicial Branch Funding Sources For FY 2016, the "All Funds" budget In FV 2016, the Judiciary's portion Funding is derived from the state for the State of Kansas was $15.5 {$133M) was tess than 1% (.85) of the general fund, fee funds, and grants/ billion-the Judiciary's portion was total state budget. pass-through funds. Judicial Branch $133 million.* reliance on unpredictable fees has $133 Million increased by 14% since FY 2008. Judicial Branch FY 08 FY 18 <1% lY $15.5 $.133 IGF IGF zVl : 92% 0 78% ::i -' iii State of Judicial Kansas Branch FY FY State of Kansas 2008 2016 *State of Kansas Comparison Report SGF 92% 78% 99% FY 2017 Fees 7% 21% Grants/Pass-Through 1% 1% November 2016 FY 2018-FY 2019 Funding Request Goals: Raise Kansas judicial branch compensation to a competitive level and adequately staff the workload of the courts. The biannual budget request asks for funding to: 1) increase employee salaries to market levels identified in a recent salary study; 2) raise salaries for judges currently ranked among the lowest paid in the nation; 3) fill 20 local employee vacancies; and 4) create positions for eight judges and accompanying staff. ~-M"'~W"""''"-~~~~o/~X"C''''~ Monies We Collect Exceed Our Budget Request Increasing collection rates of fines, fees, and restitution is a priority. Each day, courts collect more than $700,000. Each year, courts collect far more in fines, fees, costs, and restitution than the Judicial Branch receives through its budget-in FY 2016, $7 million more than the amount collected the previous year. Few of these dollars remain with the Judicial Branch. They are distributed to state and local governments, victims, and programs, such as the Law Enforcement Training Center Fund, the KBI .. DNA Database Fee Fund, and the Prosecuting Attorneys' Training Fund. Budget Reductions Other • About 95% of the Judicial Branch budget is for salaries. Expenses 5% • Decreased funding would freeze technology improvements and accelerate loss of personnel, both of which would delay the delivery of justice. Salaries 95% 1 November 2016 KANSAS JUDICIAL BRANCH SALARIES In 2016, the Judicial Branch, with a State Justice Institute grant, contracted with the National Center for State Courts for an employee classification and compensation study. Employee salaries clearly are below market; however, prior to the study, no data existed to establish how much. The results of the study are alarming. Results of Compensation Study •!•Federal Poverty Level: The study found that more than one-quarter of our positions have starting salaries below the federal poverty level for a family of four. •!•Compensation Below Market: Every single job classification is below market by at least 4.6% and as much as 22.2%. •!•Working Outside Employment: Nearly one-third of our employees are working more than one job to make ends meet and many more are looking for additional work outside the Judicial Branch for the same reason. Based on data from the USA Today article, States Where the Most People Work Two Jobs, Jan. 21, 2014, this exceeds Kansas' average by a stunning 24%. American Workers with Multiple Jobs* 5.0% Kansas Workers with Multiple Jobs* 8.2% Kansas Judicial Branch Workers with Multiple Jobs 32.0% *Data from USA Today article, States Where the Most People Work Two Jobs, Jan. 21, 2014 Judicial Branch Pay Plan This graph illustrates that legislative increases to Judicial ECI Compared to Actual Increases Branch pay have fallen repeatedly below the Employer Cost Index (ECI) since FY 2010. The only pay increase authorized, 2% in FY 2015, was eroded by increases to employees' share of pension and other benefit costs. Inadequate pay increases for more than a decade, along with rising benefit and health insurance costs, have damaged our ability to recruit and retain employees. These problems have continued to erode employees' FY20J:O FY201l FY2012 fY2013 FY2014 FV201S IY2016 purchasing power. ECI -Actual November 2016 Kansas District Judge Salaries Near The Bottom Nationally • Based on a National Center for State Courts (NCSC) study, Kansas district DISTRICT JUDGE SALARIES (UNADJUSTED) judge pay ranks a dismal 50th in the Q $155,000 nation before adjusting for cost of ~~~~Colorado ~ living and 45th in the nation after ::) a -Iowa adjusting for cost of living. c( $135,000 z ...... -Kansas ::) • The fY 2018-2019 Judicial Branch ...... > --~------·/-Missouri budget request would make district ~ $115,000 -Nebraska judge pay equal to an average 2011 2012 2013 2014 2015 2016 2017 Oklahoma adjusted trial judge salary for Fiscal Year surrounding. states (Colorado, Iowa, Missouri/Nebraska, and Oklahoma) and would improve district juage salary rank to 27th in the nation. • Kansas judges have left the bench for jobs in the private sector and in other government entities with pay being cited as the primary reason. • Kansas judge salaries have been stagnant since FY 2009-unlike judges in our neighboring states. • The budget request would increase salaries of district magistrate judges and appellate court judges and justices by the same percentage as that of district judges. District Magistrate Judge Salaries • The NCSC performed a salary study for Kansas district magistrate judges. As with the employee salary study, the results are disturbing. The study showed that a little over 22% is needed to raise district magistrate judge salaries to market when taking into consideration variables like docket type, education and District Magistr-ate Judge Saiarie~ experience, and election and retention status. • Approximately 26% of magistrates who responded to the compensation study survey indicated they are seeking employment :zo outside the Judicial Branch and gave compensation as the number one reason. o Current Market November 2016 KANSAS JUDICIAL BRANCH FAST FACTS Courts are responsible for more than the occasional high-profile case that attracts public attention. Most of the 385,166 cases processed in Kansas courts in FY 2016 involved everyday issues and problems that impact the lives and communities of ordinary Kansans. The most vulnerable in our communities-abused and neglected children, battered women, and victims of vandalism and theft-are impacted the most. On average, every year Kansas state courts: Judicial Branch budget cuts would compromise safety and access to justice, and would freeze technology * protect 6,852 children who are in need of care by improvements and accelerate loss of personnel. ruling on requests related to their safety and well being For example: * protect 13,715 people by issuing restraining orders * 3.,000 convicted sex offenders on probation would not be supervised during court closures * dispose of20,297 felony cases and 14:,232 m~~norC8$f!s in needofcare~s + The Ka~Judiciat Branch consists ofapproxi~Jlatety 250 judges and justices and1,600.~oyees wlto pay mortgages and taxes and who purchase goods and services. •!• The Kansas Judicial Branch was recently ranked as the 19th most business friendly court system in the nation by the U.S. Chamber (of Commerce) Institute for Legal Reform. This is a from 5th in 2012. This drop may be connected to judge and staff •rn.n\l<>r caused by salaries that are below market. The 2015 Legislature transferred oversight of the contracts for collecting restitution and debts owed to courts from the Attorney General's office to the Judicial Administrator. The Judicial Administrator is now creating and implementing debt collection standards and benchmarks for effective oversight of debt collection contracts. 19 November 2016 Judicial Branch Programs • Child Welfare Permanency Planning: Citizen Review • Electronic Traffic Citation System: The Judicial Boards (CRBs) and Court Appointed Special Advocate Branch partnered with the Kansas Highway Patrol to (CASA) programs throughout Kansas are developed and develop an electronic traffic citation system. District monitored by the Office of Judicial Administration courts now retrieve Notices to Appear via a secure {OJA). Their purpose is to ensure that children do not web portal. remain unnecessarily in foster care and promote a • Specialty Courts: Problem-solving courts, such as permanent and safe home for each child. veterans courts, drug courts, and truancy courts, • Child Support Enforcement: The Judicial continue to expand in Kansas judicial Branch participates in a cooperative J~I LO.-. districts. A Specialty Courts Standards reimbursement agreement with the ~ wy. Committee has reviewed these courts and Department of Children and Families for fl!!!!l/ll. made recommendations for statewide expediting child support enforcement case V operating standards. processing. Also, OJA is responsible for • Language Access: The Judicial Branch administering the Kansas Child Support is continuing to develop and administer Guidelines. Kansas' emerging comprehensive • Electronic Transmission of DUI and Criminal language access program to make courts more Dispositions: The Judicial Branch electronically accessible to persons with limited English proficiency. transmits DUI and other criminal dispositions to the • Municipal Court Support: Training and an KBI. This has improved the timeliness and accuracy of examination are given to nonlawyer municipal judges reporting criminal histories. to ensure they possess the skills and knowledge necessary for the position. Also, annual training programs are provided to all municipal judges. 20 November 2016 400 NARRATIVE INFORMATION Agency: Judicial Branch Division of the Budget - KANSAS Agency No: 677 Senate President Susan Wagle House Speaker Ray Merrick Members of the Kansas Legislature: In Article 3, Section I of the Kansas Constitution, the people grant the Supreme Court general administrative authority over all courts in the state. Under this constitutional authority, the Court now submits the Judicial Branch's budget request for FY 2018 and 2019. The Judicial Branch strives to continue providing core services to the people it serves. Recent implementation of electronic filing technology has provided needed efficiencies. This technology has increased speed in case processing and reduced redundancy. The next step in tlus transition, a centralized case management system, will allow us to balance workloads among individual courts and will result in greater efficiency for Kansans. As the Legislature has directed, docket fee revenue will be used for the planning and development of this technology. The Judicial Branch has a great deal of expertise through judges and employees assisting in the design and implementation of this centralized case management project. But as shown below, the retention and attraction of capable judges and employees to operate within this system and others in the digital age is more critical than ever. Our request also includes filling 20 employee vacancies, a reduced fill from past years' requests. The reduced request is due in part to efficiencies in staffing caused by implementation of electronic filing. Further staffing reduction is a result of reviewing the ( 1) weighted caseload study updated with recent case filing data and (2) the position inventory analysis led by our Office of Judicial Administration. On the other hand, implementation of 2016 SB 367 Guvenile justice reform) requires additional positions. Thls new law has increased Judicial Branch responsibilities through mandatory multi-disciplinary teams for case management, which includes responsibility for coordinating these teams for each juvenile offender. Our budget also requests funding to add seven district magistrate judges, one district judge, and accompanying staff for placement in areas found to be underserved by the updated weighted caseload study. Providing core services to the people of Kansas through fair and impartial courts requires expetienced employees and judges. So the request also includes pay adjustments because salaries and wages must be brought to market level. Salaries for judges were last raised in FY 2009. With the N ...... 400 NARRATIVE INFORMATION Agency: .Judicial Branch Division of the Budget - KANSAS Agency No: 677 exception of a 2% pay raise in FY 2015 (which was quickly eroded by increases to employees' share of pension and other benefit costs), employee wages also were last increased in FY 2009. \:Vhile the Judicial Branch greatly appreciates that increase, recent studies clearly show that both employees and judges are paid far below their counterparts in the private and public sectors. Neither our judge nor employee salaries are competitive with those outside the Kansas Judicial Branch. According to the National Center for State Courts, our district judge salaries now rank 50111 in the nation before adjustment for cost of living and 45 111 when so adjusted. A number of our experienced judges recently have left for private and public employment at salaries higher than we can authorize by state statute. And as the lower than-usual number of applicants for some recent judicial vacancies have demonstrated, our low salaries can drive away potentially excellent judges. Similarly, data from our recent salary study indicates that more than a quarter of our employee positions have starting salaries below the federal poverty level, $24,300 yearly, for a family of four. Additionally, the study shows that every employee job classification is below market by at least 4.6% and by as much as 22.2%. For example, Trial Court Clerk II and Court Services Officer I classifications, representing approximately 700 current employees, are paid 17.8% under the market rate, after adjustment for cost of living. The study also reveals that nearly one-third of our employees are working more than one job to make ends meet. Many more employees indicated they are actively seeking outside employment to make ends meet. In short, the Judicial Branch requests $20.3 million in FY 2018 and $20.4 million in FY 2019 in salary and benefits to bring (I) employee salaries to market level and (2) district judge salaries to an average adjusted salary of those in the neighboring states of Colorado, Iowa, Missouri, Nebraska and Oklahoma. Our request would increase existing salaries of the appellate court and district magistrate judges by the same percentage as the increase for district judges. Approximately 95% of the Judicial Branch budget is dedicated to personnel costs. Because the vast majority of our activities are mandated by state or federal law, we lack many of the options available to state agencies for reducing budget costs such a.;; cutting programs. As a result, significant decreases in funding of the Judicial Branch budget mean either reducing personnel costs, or halting technology improvements that will produce efficiencies, or both. And each reduction damages our ability to perfonn a core function of government- the timely delivery of justice to Kansas citizens and businesses. I'V I'V 400 NARRATIVE INFORMATION Agency: Judicial Branch Division ofthe Budget- KANSAS Agency No: 677 The Judicial Branch budget is provided to the Governor's Budget Division for its required inclusion in the Governor's Bud._rset Report per K.S.A. 2015 Supp. 75-3 721. Our budget is then analyzed by the Legislature for determining an appropriation. All items in the FY 2018 and FY 2019 Judicial Branch budget have been considered and approved by all justices of the Supreme Com1. The Court urges the Legislature's adoption of our requested budget. Respectfully submitted, I ~/~ Lawton R. Nuss Chief Justice wI'V All Judicial Retention Votes {10P"'rt!t'1!JU#Q ,.,, 111';'1 Map satel!lil!.e •Coznd All Justice RotontFon Votes All Jus!Jllce Retention Volea t"'••r,~or' evEs H•'l'P • 35%. • • • • 72% Souro!ll .NO Mc<.;ook City Jus!lllce RetenJIJicm by Coun!l.y evEs eN~o + ~ Go gle M:ap data t!l2016 Coogle Tem1s of U'se Retaort a map error 1\J .j:::. 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Go ~le._ __ _ Map datel!l2016 Google Tem1s of Use Report a map error N co • 00 {/.) • w w )- ~ 3>.. )- i IJ g g i •• I • i I Ia!- « ..CJt .. CJt w• w• 3>.. •0 •o- i ~~ ::J • i """ ~0 !iri' !? •0 4i -e: + Q. j >Q E c; G 0 'Zi 9 c i 0 a: i "*-0 0 !j ii "*-0 ""' 0 ...., 0 -9 "0 a; g "" 0 <;t= 0 ll) ,_ Q 0 * ';iii * ;::J• '"'lr II -II a ,....::P !t 0 t: N s g fl) 0 ~ n ! e c ~ - e: "'0 _..; ~ •u 0. e ;:; ~ ...,•:I 29 Session of2015 HOUSE BILL No. 2109 By Committee on Judiciary 1-23 1 AN ACT concerning the Kansas probate code; relating to transfer-on-death 2 deeds; lapsing or vesting of ownership in grantee beneficiary; 3 amending K.S.A. 59-3504 and repealing the existing section. 4 5 Be it enacted by the Legislature ofthe State ofKansas: 6 Section 1. K.S.A. 59-3504 is hereby amended to read as follows: 59- 7 3504. (a) Title to the interest in real estate recorded in transfer-on-death 8 form shall vest in the designated grantee beneficiary or beneficiaries on the 9 death of the record owner. 10 (b) Grantee beneficiaries of a transfer-on-death deed take the record 11 owner's interest in the real estate at death subject to all conveyances, 12 assignments, contracts, mortgages, liens and security pledges made by the 13 record owner or to which the record owner was subject during the record 14 owner's lifetime including, but not limited to, any executory contract of 15 sale, option to purchase, lease, license, easement, mortgage, deed of trust 16 or lien, claims of the state of Kansas for medical assistance, as defined in 17 K.S.A. 39-702, and amendments thereto, pursuant to subsection (g)(2) of 18 K.S.A. 39-709(g)(2), and amendments thereto, and to any interest 19 conveyed by the record owner that is less than all of the record owner's 20 interest in the property. 21 (e) If a grantee beneficiary dies prior to th:e death: of the record ewner 22 and an altemative grantee beneficiary has not been designated on th:e deed, 23 the transfer shall lapse. 24 (c) (1) Except as provided in subsection (c)(2), a transfer of real 25 estate made pursuant to a transfer-on-death deed to a deceased grantee 26 beneficiary shall lapse if: 27 (A) The grantee beneficiary dies prior to the death of the record 28 owner; 29 (B) the grantee beneficiary's interest in the real estate in the transfer- 30 on-death deed was not specifically made contingent on such grantee 31 beneficiary surviving the record owner; and 32 (C) an eligible alternative grantee beneficiary has not been 33 designated on the deed to succeed to such deceased grantee beneficiary's 34 interest. 35 (2) A transfer of real estate made pursuant to a transfer-on-death 36 deed to a deceased grantee beneficialy shall vest in the surviving issue, as 30 HB 2109 2 1 defined in K.S.A. 59-615, and amendments thereto, of such deceased 2 grantee beneficiary, upon the record owner's death, if: 3 (A) The deceased grantee beneficiary is a spouse, lineal descendent 4 or other relative of the record owner, within six degrees of relationship by 5 blood or adoption, as computed pursuant to K.S.A. 59-909, and 6 amendments thereto; 7 (B) the deceased grantee beneficiary leaves any issue surviving the 8 record owner; and 9 (C) the transfer of real estate would have otherwise vested in the 10 deceased grantee beneficiary, had the deceased grantee beneficiary 11 survived the record owner. 12 (d) The provisions of the Kansas probate code, K.S.A. 59-101 et seq., 13 and amendments thereto, shall apply to any judicial proceeding initiated 14 by an interested party to determine succession of ownership of real estate 15 ofa deceased record owner, if the grantee beneficiary has predeceased the 16 deceased record owner. 17 (e) (1) The amendments to this section by this act shall apply to all 18 record owners who die on or after July 1, 2015. 19 (2) The amendments to this section by this act shall not apply to 20 record owners who died before July 1, 2015. 21 Sec. 2. K.S.A. 59-3504 is hereby repealed. 22 Sec. 3. This act shall take effect and be in force from and after its 23 publication in the statute book. 31 Session of2015 HOUSE BILL No. 2101 By Committee on Judiciary 1-23 1 AN ACT concerning trust instruments; relating to mediation or arbitration 2 of disputes. 3 4 Be it enacted by the Legislature ofthe State ofKansas: 5 Section 1. (a) (1) Except as provided in subsection (a)(2), a provision 6 in a trust instrument requiring the mediation or arbitration of disputes 7 between or among beneficiaries, a fiduciary, a person granted nonfiduciary 8 powers under the trust instrument, or any combination thereof, IS 9 enforceable. 10 (2) A provision in a trust instrument requmng the mediation or 11 arbitration of a dispute relating to the validity of a trust is not enforceable 12 unless all interested persons to the dispute consent to mediation or 13 arbitration of such dispute. 14 (b) This section shall be part of and supplemental to the Kansas 15 uniform trust code. 16 Sec. 2. This act shall take effect and be in force from and after its 17 publication in the statute book. 32 12/1/2016 Legislative Fact Sheet- Arbitration Act (2000) Uniform Law Commission The National Conference of Commissioners on Uniform State laws Contact Us: 312.450.6600 Legislative Fact Sheet- Arbitration Act (2000) Act Arbitration Act (2000) Origin Completed by the Uniform Law Commissioners in 2000. Description The 2000 Revised Uniform Arbitration Act represents a modified version of its predecessor, the 1955 Uniform Arbitration Act (amended in 1956), which was widely adopted in the states. The 2000 revisions reflect developments in arbitration law, which became an increasingly utilized method of alternative dispute resolution since the time of the original Uniform Arbitration Act. Endorsements Approved by the American Bar Association Endorsed by the American Arbitration Association Endorsed by the National Academy of Arbitrators Enactments Alaska, Arizona, Arkansas, Colorado, District of Columbia, Florida, Hawaii, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Utah, Washington, West Virginia 2016 Introductions Massachusetts, Pennsylvania Staff Liaison{s) Kaitlin Dohse Home Acts Committees Legislation Meetings News About ULC © 2016 The National Conference of Commissioners on Uniform State Laws. All Rights Reserved. 111 N. Wabash Avenue Suite 1010 Chicago, Illinois 60602 33 http://www.uniformlaws.org/LegislativeFactSheet.aspx?tiUe=Arbitration%20Act%20(2000) 1/1 12/1/2016 Arbitration Act (2000) Summary Uniform Law Commission The Naf10na! Conference of Commissioners on Unrrorm State L;;rws Contact Us: 312.450.6600 Arbitration Act (2000) Summary The National Conference of Commissioners on Uniform State Laws (NCCUSL) promulgated the original Uniform Arbitration Act in 1955. It is the law in 49 jurisdictions, and the Federal Arbitration Act contains many similar provisions. In short, the Uniform Act is the fundamental substance of the law governing agreements to arbitrate in the law of the United States, currently. The 1955 Uniform Arbitration Act does two fundamental things. First, it reverses the common law rule that denied enforcement of a contract provision requiring arbitration of disputes before there is an actual dispute. After a real dispute arises, the parties have always been able to agree to arbitrate. It is agreeing to arbitrate in anticipation of any possible disputes that the common law prohibited. Second, the 1955 Uniform Arbitration Act provides some basic procedures for the conduct of an arbitration. The Uniform Act does not mandate arbitration of any dispute. Its function is to let persons determine whether or not they want to use arbitration by agreement. Arbitration is the original "alternative dispute resolution" or "ADR" mechanism made legitimate under American law. It is alternative to a judicial proceeding to resolve a dispute. Arbitration has traditionally been a means of resolving disputes when issues are specialized and technical. These kinds of disputes require specialist resolution and there is no desire for damage awards like those awarded by a court of law. A typical example is an arbitration that allocates costs of defects in a building project between architects, contractors and property owners. Arbitrators are chosen by the parties with construction expertise to determine responsibility for defects. The arbitration is conducted quickly. It is free of the constraints of court-room procedure, and may be tailored to adducing evidence for the specific kind of dispute. The parties all have a strong desire to avoid litigation and are normally satisfied with the results of arbitration. Construction disputes have been regularly resolved by arbitration for a long period of time. However, provisions calling for arbitration occur in all kinds of contracts as the burgeoning caseload has slowed the civil justice process in the courts and as the costs of lawsuits have risen dramatically. As the arbitration process has been more utilized for resolving disputes that have traditionally been resolved by litigation, it has become clear that the limited procedural provisions of the Uniform Arbitration Act are no longer adequate. For that reason, NCCUSL has now promulgated a next generation state arbitration act, the 2000 Revised Uniform Arbitration Act (RUAA). The 2000 RUAA continues to authorize agreements to arbitrate disputes before they arise. However, the procedural side of arbitration is greatly augmented to meet modern needs. It deals with procedural issues not addressed in the 1955 Act. The effect should be more efficient and fair arbitrations as an alternative to litigation than is the case under the 1955 Act. The 1955 Act was a great advance in American law. The objective of the 2000 RUAA is to make the contribution of the 1955 Act even greater. The 2000 RUAA has been drafted, also, against the significant and preemptive presence of the Federal Arbitration Act. The federal act applies to arbitration provisions in private contracts. The Federal Arbitration Act encourages arbitration as an alternative to litigation. Therefore, any state law that limits the availability of arbitration risks failure as a matter of federal preemption. Although there is not complete agreement about the relationship between federal and state law on certain specific issues, the 2000 RUAA is drafted to avoid preemption. It is impossible to cover all the provisions in this important revision of a seminal uniform act. Suffice it to say that the revisions are an effort to provide more certainty in arbitration proceedings, to deal with preemption problems and to answer issues raised in the case law since 1955. There are many new provisions. 34 ! .I _ LL l ~· ! - ~ _I- .t- IL - L a .. - L -.1: !•- http://www.uniformlaws.org/ActSummary.aspx?title=Arbitration%20Act%20(2000) 1/3 12/1/2016 Arbitration Act (2000) Summary 1 ne zuuu Kev1sea un1rorm Arnltrat~on Act expressly prov1aes mat n 1s a aeraun act. IVIOSt or Its provisions may be varied or waived by contract. There are certain provisions that may not be waived or varied. These include the basic rule that an agreement to submit a dispute to arbitration is valid; the rules that govern disclosure of facts by a neutral arbitrator; the rules guaranteeing enforcement or appeal of the act, an arbitration agreement or an arbitration decision in a court; or, the standards for vacating an award. Declaring the default nature of the act is important because parties to an agreement may choose between federal or state law to govern their arbitration, notwithstanding the preemptive effect of federal law. Also, restrictions on waiving or varying certain statutory requirements are important to protect parties to these agreements. The 2000 RUAA specifically allows a court to order provisional remedies during the course of an arbitration before an arbitrator is selected. The 1955 Uniform Act has no such provision. This prevents parties from delaying the selection of an arbitrator in order to delay proceedings and dissipate the effect of an arbitration award. An arbitrator, when selected, also has an express power to order provisional remedies, a power not expressly given in the 1955 Uniform Act. An arbitrator has the same powers as a court has in a judicial proceeding. The 2000 RUAA allows consolidation of separate arbitration proceedings, a matter that was never contemplated in the 1955 Uniform Act. The existence of multiple parties, multiple agreements and complex litigation has made the issue of consolidation of arbitration actions very important. Courts have varied over consolidation. The 2000 RUAA expressly allows and governs consolidation. The 1955 Uniform Act allows an award to be vacated because of an arbitrator's partiality -lack of neutrality. It does not specifically require disclosure of any interest that may give rise to a question of neutrality. The 2000 RUAA specifically addresses disclosure of known facts that give rise to questions of neutrality. Such facts include a financial or personal interest in the outcome of the arbitration proceeding or an existing or past relationship with a party. The lack of disclosure, itself, may be a ground for vacating an award, and there is a presumption of partiality when non-disclosure occurs. Upon disclosure, a party has the opportunity to object to the appointment of an arbitrator intended to be neutral. If there is no objection, that may affect the ability to raise partiality as a ground for vacating an award. These provisions provide substantial express protection to parties to an arbitration proceeding that simply are not a part of the 1955 Uniform Act. A crucial issue in arbitrations is the express immunity of arbitrators from civil liability. It is not an issue addressed in the 1955 Uniform Act, but is important to impartial and fair proceedings. An arbitrator who expects or fears a lawsuit simply because of a decision, cannot be counted upon to act fairly or competently. The 2000 RUAA provides arbitrators with immunity from civil liability "to the same extent as a judge of a court of this State acting in a judicial capacity." An arbitrator under the 2000 RUAA may conduct the arbitration in such manner as the arbitrator considers appropriate to the fair and expeditious disposition of the proceeding. This express authority does not appear in the 1955 Uniform Act. The 1955 Uniform Act provides for subpoena of witnesses, and for depositions. Under the 2000 RUAA, an arbitrator also has the express power to make summary dispositions of claims or issues under appropriate procedures, to hold pre-arbitration proceeding meetings or to use any other discovery process (any process that adduces relevant evidence for the proceeding) applicable to resolution of the dispute. These provisions put arbitrators on the same level as judges in a judicial proceeding with respect to discovery of evidence. The 2000 RUAA expressly permits an arbitrator to give punitive damages or other exemplary relief, "if such an award is authorized by law in a civil action involving the same claim." Attorney's fees may be awarded under the same standard. The 1955 Uniform Act does not expressly address either issue, but the case law has established the power to award punitive damages in most jurisdictions. The Federal Arbitration Act decisions, also, provide for punitive damages and some states have amended the 1955 Uniform Act to include attorney's fees. These new provisions put arbitrators on the same footing as judges in a court of law, and reflect the expansion of arbitration into disputes traditionally resolved in courts of law. These are some highlights of the revision to the Uniform Arbitration Act in 2000. The number of disputes in arbitration grows yearly. The 2000 Revised Uniform Arbitration Act responds to this growth with better and more complete arbitration procedures. It aligns state law with federal law, which decreases the potential for litigation on preemption grounds. This important advance in the law of arbitration should be enacted in all states as soon as feasible. 35 http://www.uniformlaws.org/ActSummary.aspx?title=Arbitration%20Act%20(2000) 2/3 1211/2016 Arbitration Act (2000) Summary Home Acts Committees Legislation Meetings News About ULC © 2016 The National Conference of Commissioners on Uniform State Laws. All Rights Reserved. 111 N. Wabash Avenue Suite 1010 Chicago, Illinois 60602 36 http://www.uniformlaws.org/ActSummary.aspx?title=Arbitration%20Act%20(2000) 3/3 THE REVISED UNIFORM ARBITRATION ACT (RUAA) Why Revise the Original Uniform Arbitration Act (UAA)? The original UAA was approved in 1955 by the National Uniform Law Commissioners (ULC). It was a bare bones Act that is now outdated. Today, arbitration is a vital alternative to litigation, chosen by numerous parties to resolve disputes in many areas of the law. More than ever before, Connecticut needs to update and revise the UAA in light of the increased use of arbitration, the greater complexity of the disputes submitted to arbitration, and the need to resolve ambiguities, fill in gaps and codify the developing case law over the past 50 years. Whether or not one favors arbitration, it is clear that many parties have chosen this alternative and it is critical to provide such parties with a clear, balanced and reasonable set of guidelines to govern the its conduct. RUAA Provisions Which Are Not Covered By the Original UAA Determining Arbitrability RUAA resolves the confusion over who decides arbitrability and by what criteria. The rationale of this RUAA provision providing for the arbitrator to make this initial decision was relied on heavily by the U.S. Supreme Court in an important arbitration case. See Howsam v Dean Witter Reynolds, Inc. 537 U,S. 79 (2002). Provisional Remedies Occasions arise where a restraining order, attachment or other provisional remedy is necessary in an arbitration in order to maintain the status quo in the proceeding and make it possible for the ultimate award to be effective. RUAA provides for this. Consolidation In situations where separate arbitrations involve the same transactions or parties, RUAA establishes a way to consolidate the arbitrations if no one is prejudiced so that unnecessary time and expense are reduced for the parties. Arbitrator Disclosure of Conflicts RUAA strengthens the fairness and impartiality of the proceeding by requiring arbitrators to disclose known financial interests or personal relationships that could affect impartiality of the arbitrator. If a neutral arbitrator fails to disclose a known material interest or relationship' it may be used to establish "evident partiality" which is a ground for which the Court could vacate such an unjust result. Arbitrator Immunity The willingness of highly qualified individuals to serve as arbitrators is enhanced by RUAA provisions which grant immunity to arbitrators from being sued by parties, similar to the immunity currently provided to judges Obtaining Necessary Evidence RUAA recognizes that parties to arbitrations sometimes need to obtain important evidence for their positions on issues. RUAA addresses this need by allowing a limited form of discovery. All discovery is controlled by the arbitrator. The arbitrator decides the extent of the discovery based on demonstrated need while taking in to account the desirability of making the proceeding fair, expeditious, and cost effective. Pre-hearing Conferences RUAA expressly authorizes the parties and the arbitrator to confer in advance of the actual hearing. Pre-hearing conferences can be beneficial in terms ofthe efficiency and cost effectiveness of the arbitration process. For example, issues can be clarified, facts can be stipulated, documents can be exchanged and witnesses can be identified. Addressing Punitive damages First, it must be clearly understood that current case law (and not RUAA) makes punitive damages already available in an arbitration, if such damages would be available in a civil court action for the same type of claim. RUAA wisely guards against an improper exercise of punitive damages awards by statutorily requiring that the arbitrator state in writing the basis in fact and in law if punitive damages are made a part ofthe award. Failure of the arbitrator to so state, or if erroneously stated, can result in the award being vacated for exceeding the arbitrator's authority. 37 Initiating arbitration The UAA is silent on how to initiate arbitration. RUAA fills this gap by setting forth the steps for initiating the arbitration and giving notice to adverse parties. Electronic Records RUAA is drafted to allow for the validation and use of electronic records, contracts and signatures consistent with the computer age and appropriate federal law. Party Autonomy The UAA does not state whether any of its provisions may be varied or waived by the parties in their agreement to arbitrate. This results in a loss of party autonomy because of this uncertainty and the implication that all of the provisions are mandatory. RUAA preserves party autonomy and corrects this problem by expressly specifYing which provisions may be varied or waived by agreement thus allowing the parties to shape an arbitration agreement to meet their needs. Most of the RUAA provisions may be varied or waived. However, in order to protect parties with lesser bargaining power, certain basic provisions may not be waived such as the right to an attorney, and rights to confirm, vacate , modifY or enforce an award. RUAA Only Applies When There Is An Agreement to Arbitrate Because RUAA only applies only where there is an agreement to arbitrate, arbitrations prescribed and required by state statute are not covered by RUAA. Thus, statutory labor arbitrations and lemon law arbitrations, and other such statutory arbitrations are not covered. The Doctrine of Federal Preemption Under federal preemption, the Federal Arbitration Act (FAA) governs all arbitration agreements involving interstate commerce. Interstate commerce is defined so broadly that there is almost everything in the commercial world that is covered. The FAA provides that arbitration agreements shall be valid, irrevocable and enforceable except for grounds recognized by law for the revocation of a contract. This has been construed by the United States Supreme Court to mean that an arbitration agreement cannot be singled out for invalidation or restriction by a state statute except for grounds that exist for invalidation or restriction for all other types of contracts. In the case of consumer contracts containing an arbitration agreement as a contract of adhesion, this means that the arbitration agreement cannot be singled out for separate treatment in a state statute except for grounds under the contract law applying to all types of agreements. Case law is very consistent on this point. For example, the U.S. Supreme Court preempted and struck down a state statute which required that a "[n]otice that a contract is subject to arbitration ... shall be typed in underlined capital letters on the first page of the contract" See Doctor's Associates v. Casarotto, 116 S.Ct. 1652 (1996). Therefore, RUAA is unable to include special provisions or carve outs pertaining only to consumer or other special interest groups. Because of federal preemption such tinkering or fine tuning can only be done by congressional amendment of the Federal Arbitration Act. Conclusion RUAA was carefully drafted in a lengthy and balanced deliberative process open to all interested parties. It has received the support and endorsement of many preeminent legal and arbitration organizations appearing on the attached list. In 2001, RUAA received joint favorable approval from this Judiciary Committee. Neither RUAA nor the clear need for it in Connecticut have changed and we respectfully request your favorable action at this time. Respectfully submitted, Francis J. Pavetti Commissioner Connecticut Commission on Uniform Legislation 148108 v.02 38 Lawyer and Law-Trained Legislators 2017 Kansas Legislature KANSAS SENATOR Senator David Haley Senate District No. 4 Senator Haley is the managing partner of Village East, a redevelopment company in Kansas City, Kansas. He served in the Kansas House of Representatives from 1994-2000 and elected to the Kansas Senate in 2000. He was reelected in 2004, 2008 and 2012. Senator Haley is the Ranking Member of the Senate Committee on Judiciary and the Senate Committee on Public Health and Welfare. He is also a member of other joint committees. Senator Haley received his J.D. from Howard University. http://kslegislature.org/li/b20 15 16/members/sen haley david 1I KANSAS HOUSE OF REPRESENTATIVES Representative John Barker House District No. 70 R-Abilene Representative Barker is a farmer, retired District Court Judge, and U.S. Army veteran. Rep. Barker served 25 years as a judge for the Eighth Judicial District covering Dickinson, Geary, Marion, and Morris counties. Rep. Barker has been recognized for his work with Kansas youth - championing initiatives to prevent drug and alcohol abuse, working with !~cal school districts to reduce truancy rates, and working 39 with juvenile offender programs. Rep. Barker and his wife of 30 years, live in Dickinson County where they raised their two children. http://kslegislature.org/li/b20 15 16/members/rep barker john 11 Representative Steve Becker House District No. 104 R-Buhler Representative Becker is a retired District Court Judge for Reno County. Rep. Becker was appointed in June 1981 and retired in January 2007. Prior to his appointment, Rep. Becker practiced in Hutchinson, KS. Rep. Becker graduated from Washburn Law School m 1975. http://kslegislature.org/l i/b20 15 16/members/rep becker steven 1I Representative John Carmichael House District 92 D-Wichita Representative Carmichael represents the 92"ct District in Wichita. He earned is Political Science degree from University of Kansas in 1979, his Administration of Justice degree from Wichita State University in 1980 and his law degree from KU School of Law in 1982. Rep. Carmichael is Of Counsel with the law firm of Conlee, Schmidt and Emerson, LLP in Wichita. Rep. Carmichael has been a member of the Wichita Bar Association and the Kansas Bar Association for over 30 years. Rep. Carmichael will serve as ranking minority member on the House Judiciary, as a member on Elections and Energy/Environment and local gov. committees this session. http://kslegislature.org/l i/b20 15 16/members/rep cannichael john 1/ 40 Representative Erin Davis Honse district No. 15 R- Olathe 1 Erin Davis represents the 15 h House District in Olathe, Kansas. She was reelected in 2016. She is a recent graduate of the University of Kansas Law School. She is a member of the Rokusek Law Office, LLP in Lenexa, KS specializing in family law, including divorce, custody, Child in Need of Care parent's attorney and Guardian ad Litem, juvenile offender and adult criminal work. http://kslegislature.org/1 i/b20 15 16/members/rep davis erin 1I Representative Blaine Finch Honse District No. 59 R-Ottawa Representative Finch is majority owner and President of Green, Finch& Covington, Chtd. His practice covers a broad spectrum of legal issues including municipal law, real estate, contracts, corporate law and estate planning. He also teaches at Ottawa University as an adjunct faculty member in the fields of History, Political Science and Pre-Law. Finch is a former city commissioner and Mayor of the City of Ottawa. Rep-Elect Finch graduated Summa Cum Laude from Ottawa University with degrees in History, Political Science and Psychology. Finch is a member of the Kansas Bar Association and a member and past president of the Franklin County Bar Association. He attended Washburn University School of Law. http://kslegislature.org/li/b20 15 16/members/rep finch blaine 1/ 41 Representative Dennis "Boog" Highberger House District No. 46 D-Lawrence Representative Highberger graduated from University of Kansas Law School in 1992. His areas of private practice have included wills, estates, contracts, family law, federal communications law, and general civil practice. Highberger served on the Lawrence City Commission from 2003 to 2009 and was Mayor in 2005/2006. He has been an active member of the Lawrence community, and currently serves on the Douglas County Food Policy Council, the City of Lawrence's Public Incentives Review Committee (PIRC) and Sustainability Advisory Board (SAB), and the boards of directors of Independence, Inc., the Community Mercantile Education Foundation (CMEF), and the East Lawrence Neighborhood Association (ELNA). http://kslegislature.org/l i/b20 15 16/members/rep high berger dennis I I Representative-Elect Tim Hodge House District No. 72 R- North Newton Representative-elect Hodge is member of the Adrian & Pankratz law firm in Newton Kansas. Hodge has developed his practice in diverse areas such as tax law, real estate, business law, secured transactions, and Medicaid Planning. He has served as an adjunct professor of business law at Tabor College. During law school, he clerked for the Kansas Board of Tax Appeals and the Kansas National Education Association. Before law school, Mr. Hodge served as a teacher and a coach at Peabody High School. He and his wife reside in North Newton with their three children. His wife is a teacher in the Newton School District. Hodge graduate Magana cum laude from Tabor College in 1999 and received is JD from Washburn Law School in 2003. Hodge also attended the Oxford Honours Program in 1998. He is a KBA member since 2004. 42 Representative-Elect Snsan Humphries House District No. 99 R-Wichita Representative-elect Humphries joined the Kansas Bar in 2014, after graduating from the University of Denver Sturm College of Law earlier that year. During law school Humphries had clinical experience in Mediation and at the Rocky Mountain Children's Law Center. Humphries practices at Shultz Law Office, P.A., in Wichita, with a focus on adoption and general law. Humphries is the coordinator for Wichita Christian Legal Aid, which offers free legal aid at three non-profits. Humphries married Cary after graduating from TCU, and they proceeded to live in (and enjoy!) five states and two foreign countries. They moved to Kansas for the first time in 1981, and have considered it their married home ever since. They have four adult children (two are married), and one grandson. Humphries will serve as Representative for the 99th district, which includes Andover and east Wichita. Representative-Elect Leonard Mastroni House District #117 R-La Crosse Representative-elect Mastroni is currently a Rush County Commissioner, serving in that capacity since 2011. Prior to his service as a county commissioner he was a District Magistrate Judge where he served on the KDMJA Legislative committee for 12 years. Mastroni also served a chairman of the KDMJA Legislative committee and its educational committee. Mastroni attended Fort Hays University where he received his BA in political science. Mastroni also attended University of Nevada at Reno where he graduated from the national judicial college. 43 Representative-Elect Vic Miller House District No. 58 Representative-Elect Vic Miller is returning to the Kansas House. He previously served for three terms. Miller also served as Shawnee County Commissioner (15 yrs.) Topeka City Councilman (8 yrs.), once acting as Topeka Deputy Mayor. Miller also served as Topeka Municipal Judge and Kansas Property Valuation Director. Miller has spent his legal career as a sole practitioner. Miller graduated from Emporia State and Washburn University School of Law. Representative Fred Patton House District No. 50 R-Topeka Representative Patton graduated from the University of Kansas Law School before joining the legal research staff at the Shawnee County District Court. Currently, Patton owns and operates Patton Law Offices, LLC in North Topeka with a varied practice area including banking, business/corporate, construction, estate planning, general civil, probate, and real estate. Patton is very active in the community having leadership roles in over 15 local groups. http://kslegislature.org/li/b20 15 16/members/rep patton fred I I 44 Representative-Elect Bradley Ralph House District No. 119 R-Dodge City Representative-elect Ralph is currently the City Attomey for Dodge City, Kansas. Prior to this position he was in private practice with the firm of Williams, Malone & Ralph for 25 years. His private practice focused on representation of insurance companies, healthcare providers, schools, and municipalities. Ralph has been active in his community in leadership positions with his church and the Community Foundation of Southwest Kansas. He has also served the legal profession on several professional committees, including the Professional Ethics Committee. He is a graduate of St. Mary of the Plains College and Washburn University School of Law. Ralph and his wife Shannon have three adult children. Representative Jim Ward House District No. 86 D-Wichita Representative Ward is the owner of the Law offices of James Ward of Wichita. He was appointed to the Kansas Senate to fill a vacancy in 1992. He was later elected to the Kansas House in 2002 and reelected every two years through 2012. Representative Ward serves as the Assistant House Minority Leader and is a member of the House Committees on Calendar and Printing, Health and Human Services, Interstate Cooperation, Judiciary and Legislative Budget, as well as several joint committees. He received his J.D. from Washburn University School of Law. http://kslegislature.org/li/b20 15 16/members/rep ward jim 1I 45 Representative-Elect John Wheeler House District No. 123 R-Garden Representative-elect Wheeler is the former Finney County Attorney, first elected in 1993. He was elected to the House in 2016 to his first term. He is a graduate of Fort Hays State College (1969) with a degree in political science and pre-law. He graduated from Washburn School ofLaw in 1976. Prior to being elected as Finney County Attorney, Rep. Wheeler was in private practice with Calihan, Green, Calihan and Loyd, Associate, 1976-1979, then Soldner & Wheeler, Partner, 1979-1987, and finally with John P. Wheeler, Attorney at Law, Solo Practitioner, 1988-1992. Rep. Wheeler is a proud member of Harry H. Renick American Legion Post #9, Past Commander; Garden City Salvation Army Advisory Board; Garden City Noon Lions Club; and the Finney County Historical Society. 2017 Kansas Legislature: Kansas Senate: 31 Republicans/09 Democrats Kansas House of Representatives: 85 Republicans/40 Democrats Additional Information The official state website for the Kansas Legislature is: www .kslegislature.org From that site, you can find information on the House and Senate members and contact information, calendars, bill introductions, committee activity, minutes of committees, committee memberships and virtually anything related to the Kansas Legislature. Governor Sam Brownback The website for Governor Sam Brown back and Lt. Governor Jeff Colyer is: http://www.kansas.gov/ Attorney General Derek Schmidt The website for Attorney General Derek Schmidt is: http://ag.ks.gov 46 MEMORANDUM TO: KBA Legislative Committee FROM: Whitney Damron, KBA Contract Lobbyist RE: Legislative and Political Update DATE: November 30, 2016 The 20 16 elections brought a number of surprises both at the state level and the national level. Some highlights for Kansas: 14 Republican incumbents generally aligned with the policies of Governor Brown back lost their Primary races. One Democrat lost in the primary election. 11 Republican House members generally aligned with the policies of Governor Brownback lost their General election races. Republicans control the Kansas Senate by a 31-9 margin, which is clown from 32-8. Moderate Republicans may have a working majority within the caucus, but certainly do when combined with Democrats. Republicans control the Kansas House by an 85-40 margin, which is down from 97-28. Again, moderate Republicans may have a working majority within the caucus, but certainly do when combined with Democrats. Senate President Susan Wagle, R-Wichita is likely to be retained in her caucus as leader of the Kansas Senate. A slate of candidates for the top three positions has emerged and as of this writing, is not being seriously challenged. They include Jim Denning, R-Overlancl Park for Majority Leader and Jeff Longbine, R-Emporia for Vice President. The House is a bit more complicated. There are three candidates for Speaker of the House to replace Ray Merrick, who did not seek reelection after serving two terms as Speaker. Candidates are Ron Ryckman, R-Oiathe, Russ Jennings, R-Lakin and Jene Vickrey, R Louisburg. Candidates for House Majority Leader include Don Hineman, R-Dighton and John Barker, R Abilene. Candidates to replace Speaker ProTem Peggy Mast, who also did not seek reelection include Scott Schwab, R-Oiathe and Kyle Hoffman, R-Coldwater. 919 South Kansas Avenue [I Topeka, Kansas 66612-1210 (785) 354-1354 (0) ~ (785) 354-8092 (F) ~ (785) 224-6666 (M) 47 www.wbdpa.corn Ill [email protected] Senator Anthony Hensley, D-Topeka is the Senate Minority Leader and Representative Tom Burroughs, D-Kansas City is the House Minority Leader. Both are expected to seek reelection to their respective offices, but it is unknown now whether either or both will be challenged from within their caucuses. Due to retirements and legislative defeats, we wi II see a number of committee chair positions changed for the new session, including: Senate Committee on: Education Ethics and Elections Federal and State Affairs Judiciary Natural Resources Public Health and Welfare Ways and Means (likely change+ loss of 4 members due to defeat) Note: For 2017, an attorney will not chair the Senate Committee on Judiciary and there will not be a Iicensed attorney in the Kansas Senate. House Committee on: Agriculture and Natural Resources Appropriations (likely change) Children and Seniors Commerce, Labor and Economic Development Cmrections and Juvenile Justice Education Budget Elections Energy and Environment Federal and State Affairs Social Services Budget Veterans, Military and Homeland Security While the 2016 elections brought many surprises both in Kansas and at the national level, what was not a surprise to most people was the fact the State again badly misjudged its prqjectecl revenues for FY 2017 and FY 2018. After missing monthly revenue estimates repeatedly over the past four years (i.e., coinciding with ever since the tax law changes of 2012 were implemented), the Governor convened a special task force to evaluate the process utilized by the State for estimating its revenue. While monthly hits and misses are frustrating and cause some alarm for elected officials and the electorate, it is the report of the Consensus Revenue Estimating Group (CREG) that is most critical, as these reports released in April and November are what the Governor and Legislature rely upon to craft the budget and keep the State Treasury in the black as required by the Kansas Constitution. 48 On November 9, the clay after the General election, the revised CREG estimates came out and indicated the State would have a $346 million shortfall for FY 2017 (July 1, 2017- June 30, 20 17), which is the State's current fiscal year and an additional $444 million shortfall for FY 2018. Legislative leaders have called upon the Governor to make adjustments through allotment cuts or other budgetary maneuvers he is empowered to do now rather than wait for the 2017 Legislature in order to stretch out the timeframe for cuts. The Governor has refused to make any adjustments and indicates he will submit a balanced budget to the 2017 Legislature and work with them to bring the current budget into constitutional com pi iance. With more than 50 new legislators being sworn into office on January 9 and most likely neither the Senate Ways and Means or House Appropriations Chairs returning to their respective positions, legislative leaders were hopeful the Governor would take the lead on lessening the impact of the revenue shortfall. Since he has chosen not to do so, cuts made by the 2017 Legislature will be implemented in the current fiscal year over a shorter timeframe than if cuts were made now. Major Issues Facing the 2017 Legislature. The Legislature will be required to craft a new school finance formula to comply with court orders of the Kansas Supreme Court as the current block grant program expires; The Legislature will likely receive a decision from the Kansas Supreme Court on the adequacy ofK-12 spending. That decision could cost the State upwards of$300 million of new money or more; The Legislature will undertake a review of the State's tax policy enacted in 2012 and subsequent, with a focus on the so-called "LLC Exemption." Most tax changes will not take effect until CY 2018, making their impact on the state's current revenue shortfall unhelpful; Proponents for expansion of Medicaid in Kansas continue to advocate for consideration. The election of President-elect Donald Trump and Congressional review of the Affordable Care Act likely take this issue off the table for 2017 (Repeal & Replace); The State has crafted two-year budgets for the past four years. Given the shortfall for the current fiscal year and projections into the next fiscal year, this will be an enormous challenge for the 2017 Legislature. Closing Comments. The Presidential Election is already having ramifications for Kansas. Congressman Mike Pompeo has been invited to join the Trump Administration as Director of the CIA. Already legislators and politically-active are posturing for a special election likely to occur in March, which possibly creates vacancies and movement. Should Governor Brown back and/or Secretary of State Kris Kobach join the Trump Administration, their departures and perhaps departures of key staffers would also create vacancies and a domino effect of elected officials and key state government officials. These changes could very well change the entire dynamic of the 2017 session for a variety of reasons not difficult to envision. 49 The 20 I 7 Session is scheduled to begin on Monday, January 9 and extend for 90 calendar days, with a few breaks in-between. The leadership of the House and Senate has already suggested the 2017 session should prepare for a I 00-day session in 2017 and take 10 clays from 2018, making it possible to suggest to the voters that collectively, the sessions were 90 clays or less when combined. From early discussions with legislators, a I 00-day session would be a relief next year. Time will tell. In closing, I would suggest there are a number of major policy issues waiting for the 2017 Legislature to deal with and they will. However, by and large, consensus seems to be that a lot of the more mundane issues will take a back seat to the more complex and controversial issues already waiting for legislators to consider. WBD 50 KANSAS BAR ASSOCIATION Financial Statement- FY 2016 Period 10- October (83°/o) U'1 1-' Kansas Bar Association Administration & Finance Ended Oct 31, 2016 Oct 31, 2016 Oct31, 2015 Annual Remaining FY 2016 YTD FY 2015YTD %of Budget Actual Actual Budget Budget Revenue Building Rental $ 0.00 $ 200.00 $ 366.96 $ 608.00 $ 0.00 $ 366.96 Interest 204.98 150.03 1,978.37 1,333.94 500.00 1,478.37 395.67% Unrealized Gain/Loss (486.36) (359.40) 1,493.03 519.85 1,000.00 493.03 149.30% Other Income 0.00 0.00 ~ 530.00 Total Income (281.38) (9.37) 4,368.36 2,461.79 1,500.00 2,868.36 291.22 o/o Operating Expenses BOG meetings 1,481.31 701.52 4,513.14 3,854.11 5,000.00 (486.86) 90.26% Court Appreciation Dinner 0.00 0.00 9,924.97 14,887.69 12,000.00 (2,075.03) 82.71 o/o KDJA Dinner (75.00) (675.00) (75.00) (675.00) 0.00 (75.00) Executive Committee Retreat 0.00 0.00 1,647.87 687.86 3,000.00 (1,352.13) 54.93% On-Line Election 0.00 0.00 4,935.00 5,830.00 6,000.00 (1,065.00) 82.25% TravellEd - Exec Director 359.54 (308.20) 9,738.67 7,849.84 4,800.00 4,938.67 202.89% Professional Development Pool 488.20 0.00 3,319.20 395.00 10,000.00 (6,680.80) 33.19% TravellEd - President 0.00 0.00 2,430.95 0.00 4,500.00 (2,069.05) 54.02% TravellEd - Pres Elect 0.00 0.00 260.00 1,490.03 4,500.00 (4,240.00) 5.78% TravellEd - Vice President 0.00 0.00 0.00 762.46 3,000.00 (3,000.00) 0.00% TravellED -ABA Delegates 0.00 0.00 2,653.80 1,500.00 4,500.00 (1 ,846.20) 58.97% Printing/Postage 31.48 29.58 1,456.07 1,017.21 500.00 956.07 291.21 % Executive Director - Misc. 93.46 0.00 2,089.24 1'136.97 500.00 1,589.24 417.85% Strategic Planning 0.00 0.00 577.10 0.00 0.00 577.10 Committee Meetings 259.80 105.03 4,120.84 _5,023.21 5,000.00 ___j879.16) _.J!..2.42% Total Direct Expense 2,638.79 (147.07) 47,591.85 43,759.38 63,300.00 (15,708.15) 75.18 o/o Overhead Expense 24,903.57 21,098.46 279,885.26 226,357.80 344,366.00 (64,480.74) 81.28% Total Expense 21,542.36 20,951.39 327,477.11 270,117.18 407,666.0~ (80,188~8~) 80.33% Variance $ (27,823.74) $ (20,960.76) $(323,10~8.75) $(267,~55.~9) $(406,166.00) $ 83,057.25 79.55% Notes: U'1 I'V Kansas Bar Association Annual Meeting Ended Oct 31, 2016 Oct31, 2016 Oct 31, 2015 FY 2016 YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Annual Meeting Registration $ 0.00 $ 0.00 $ 40,990.00 $ 54,390.00 $ 56,000.00 $ (15,01 0.00) 73.20% Annual Meeting Sponsorships 0.00 0.00 25,600.00 21,750.00 32,000.00 (6,400.00) 80.00% Annual Meeting Exhibits 0.00 ____:::0.:.::.0.:::.0 6,500.00 10,150.00 6,750.00 (250.00) 96.30% Total Income 0.00 0.00 73,090.00 86,290.00 94,750.00 (21 ,660.00) 77.14% Operating Expenses Registration, Service & Mat. 0.00 0.00 316.57 2,505.25 400.00 (83.43) 79.14% Ann Mtg Staff Accommodations 0.00 0.00 2,916.42 2,884.08 2,500.00 416.42 116.66% Meal Functions/Receptions 0.00 0.00 22,038.62 29,841.55 35,000.00 (12,961.38) 62.97% Speaker & Guests 0.00 0.00 7,621.32 6,422.51 12,500.00 (4,878.68) 60.97% Entertainment 0.00 0.00 3,600.00 12,124.94 0.00 3,600.00 Bar Show 0.00 0.00 15,000.00 0.00 15,000.00 0.00 100.00% Planning Committee 180.87 0.00 888.52 721.97 1,000.00 (111.48) 88.85% Awards 0.00 0.00 3,688.12 3,282.02 3,500.00 188.12 105.37% Promotion 0.00 545.52 4,675.96 3,988.26 10,000.00 (5,324.04) 46.76% Annual Meeting Facilities 0.00 0.00 22,234.37 6,092.91 12,500.00 9,734.37 177.87% Transportation on-site 0.00 0.00 0.00 1,710.00 0.00 0.00 Annual Meeting Exhibits Expense 0.00 0.00 -----39.89 0.00 0.00 Total Direct Expense 180.87 545.52 82,979.90 69,613.38 92,400.00 (9,420.10) 89.81% Annual Meeting Overhead Expense 5,413J3~ _1,?1].90 ... 602~6~~ .. _]7 &Q.f!:~5_ ·-____B,§t)2j)() _(14,0~}5) 81.21 % Total Expense 5,594,(j_!! __?..!63,12 H~.77'6,1~ _1!7,222.3~ __167,2~.oo (23,485.8~) 85.96% Variance !.. _(5,594.69) $ (7,763.42) $ (70,686.15) $ (60,932d3) $ (72,512.0.£) $ 1,825.85 97.48% Notes: lJ1 w Kansas Bar Association Communications Ended Oct 31, 2016 Oct31, 2016 Oct 31, 2015 FY 2016YTD FY 2015YTD Annual Budget Variance %of Budget Actual Actual Revenue Tech Show Super Pass $ 0.00 $ 0.00 $ 0.00 $ (998.50) $ 0.00 $ 0.00 Economic Survey of Law 0.00 0.00 100.00 0.00 0.00 100.00 Bar Journal Subscriptions 90.00 0.00 495.00 1,440.00 1,500.00 (1,005.00) 33.00% Journal Advertising 4,378.00 4,337.50 59,163.00 50,166.50 50,000.00 9,163.00 118.33% Web Advertising 0.00 0.00 5,750.00 5,100.00 10,000.00 (4,250.00) 57.50% Journal Royalties 1,232.75 1,315.64 13,654.73 9,698.02 5,000.00 8,654.73 273.09% Total Revenue 5,700.75 5,653.14 79,162.73 65,406.02 66,500.00 12,662.73 119.04% Operating Expenses Prof. Development Communications 0.00 0.00 63.87 0.00 0.00 63.87 Opinion Digests 0.00 0.00 716.03 744.00 2,500.00 (1,783.97) 28.64% Bar Journal Postage 0.00 1,647.11 12,999.18 14,425.36 17,680.00 (4,680.82) 73.52% Bar Journal Printing/Production 930.00 4,142.14 42,142.14 43,359.30 58,000.00 (15,857.86) 72.66% Journal Adv.- Commissions 0.00 870.75 9,529.43 8,324.25 12,000.00 (2,470.57) 79.41% Board of Editors 0.00 0.00 203.29 281.40 500.00 (296.71) 40.66% Printing/PostagefTelephone 0.00 0.00 9.00 0.00 500.00 (491.00) 1.80% WebSite 0.00 0.00 0.00 1,052.64 2,000.00 (2,000.00) 0.00% Media Services 0.00 150.95 4,564.76 1,561.00 1,900.00 2,664.76 240.25% Comm Compensating Use Taxes 441.36 405.87 3,918.63 3 614.2:3 ~~_Q,800.00 (1,881.37) 67.56% Total Direct Expense 1,371.36 7,216.82 74,146.33 73,362.18 100,880.00 (26,733.67) 73.50% Journal Overhead 7,579.35 8,971.89 85,085.36 95,498.28 104 807.00 {19,721.64) 81.18% Total Expense 8,950.71 16,188.71 159,231.69 168,860.46 205,687.00 (46,455.31) 77.41% Variance $ (3,249.9§ $ (10,535.57) $ (ao,osw> $(103,454.44) $ (139,187.00) $ 59,118.04 57.53% Notes: Lll ~ Kansas Bar Association KBF Management Ended Oct 31, 2016 Oct31, 2016 Oct 31, 2015 FY 2016 YTD FY 2015YTD Annual Budget Variance %of Budget Actual Actual Revenue KBF IOLTA Administration $ 1,125.00 $ 1,125.00 $ 11,250.00 $ 11,250.00 $ 13,500.00 $ (2,250.00) 83.33% KBF Management Fee 5,665.00 5,665.00 56,650.00 56,650.00 67,980.00 {11,330.00) 83.33% Total Income 6,790.00 6,790.00 67,900.00 67,900.00 81,480.00 (13,580.00) 83.33% Operating Expenses KBF Printing/Postage 1.23 0.00 134.33 56.57 500.00 {365.67) 26.87% Total Direct Expense 1.23 0.00 134.33 56.57 500.00 (365.67) 26.87% KBF Overhead Expenses 5,955.20 6,107.45 66,868.39 65,594.34 82,349.00 _(15,480.61) 81.20% Total Expense 5,956.43 6,107.45 67,002.72 65,650.91 82,849.00 (15,846.28) 80.87% Variance $ 833.57 $ 682.55 $ 897.28 $ 2,249.09 $ (1,369.00) $ 2,266.28 (65.54)% Notes: lJ1 lJ1 Kansas Bar Association Lawyer Referral Service Ended Oct 31, 2016 Oct 31,2016 Oct31, 2015 FY 2016 YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Ask A Lawyer $ 2,495.00 $ 2,137.00 $ 28,304.00 $ 17,539.01 $ 27,000.00 $ 1,304.00 104.83% Lawyer Referral Panelist fees 100.00 0.00 15,850.00 11,250.00 20,000.00 (4,150.00) 79.25% Lawyer referral Remittances 9,547.99 8,633.02 54,597.71 40,932.53 70,000.00 (15,402.29) 78.00% Total Income 12,142.99 10,770.02 98,751.71 69,721.54 117,000.00 (18,248.29) 84.40% Operating Expenses LRS Travel 0.00 37.50 272.77 486.61 1,000.00 (727.23) 27.28% LRS Telephone 730.29 692.22 7,319.96 7,553.24 9,000.00 (1 ,680.04) 81.33% LRS Advertising 11.46 11.46 116.60 621.84 3,000.00 (2,883.40) 3.89% Software Support 0.00 0.00 0.00 0.00 1,500.00 (1,500.00) 0.00% Ask A Lawyer Fees 296.00 0.00 992.00 0.00 0.00 992.00 Credit card fees 148.78 96.79 1,616.55 1,005.42 1,650.00 (33.45) 97.97% LRS Marketing 0.00 0.00 --- 85.00 ____282.83 J,QOO.OO . _ ___ill§.OO) 8.50% Total Direct Expenses 1,186.53 837.97 10,402.88 9,949.94 17,150.00 (6,747.12) 60.66% LRS Overhead 7,037.97 __8,883.56 78,937.63 95,4@.. 95 97,321.0() (18,383.37) 81.11% Total Expenses 8,2~.. 50 Jln1.53 89,340.5.1 . 105,3gi_Jl9 ..... 114,471.00 (?~,130.49) 78.05% Net Income (Loss) 3!918.49 1,048.49 9,411.20 !35,638.35) 2,529.00 6,882.20 372.13% See Accountant's Compilation Report mLT1 Kansas Bar Association Legislative Ended Oct 31, 2016 Oct31, 2016 Oct 31, 2015 FY 2016 YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Legislative Sponsorships $ 0.00 $ 200.00 $ 0.00 $ 200.00 $ 600.00 $ (600.00) 0.00% KSBARPAC 0.00 0.00 10.00 10.00 0.00 10.00 Total Income 0.00 200.00 10.00 210.00 600.00 (590.00) 1.67% Operating Expenses Hospitality 117.27 0.00 3,137.89 3,758.26 5,000.00 (1 ,862.11) 62.76% Legislative Prof. Development 36.14 0.00 221.17 376.44 3,000.00 (2,778.83) 7.37% Information Services 0.00 0.00 180.00 180.00 500.00 (320.00) 36.00% Contract Services 2,100.00 1,925.00 21,000.00 19,250.00 25,200.00 (4,200.00) 83.33% Fall Legislative Conference 0.00 0.00 122.79 0.00 500.00 (377.21) 24.56% Legislative Printing/Postage 9.77 0.00 106.44 82.22 300.00 (193.56) 35.48% KSBAR PAC Expenses 0.00 0.00 25.00 35.00 35.00 (10.00) 71.43% legislative Committee 0.00 0.00 80.30 108.17 750.00 (669.70) 10.71 % Total Direct Expense 2,263.18 1,925.00 24,873.59 23,790.09 35,285.00 (10,411.41) 70.49% Legislative Overhead Expense 6,496.58 6,662.67 72,865.50 71,557.46 89,835.00 (16,969.50) 81.11% Total Expense 8,759.76 8,587.67 97,739.09 95,347.55 125,120.00 (27,380.91) 78.12% Variance $ ~8,759.!,6) ~ !8,387.67) $ (97,729.09) ~ ~95,137.5!) $ !124,520.00) ~ 26,790.91 78.48% Notes: U1 --...! Kansas Bar Association Membership Ended Oct 31, 2016 Oct 31, 2016 Oct31, 2015 FY 2016 YTD FY 2015YTD Annual Budget Variance %of Budget Actual Actual Revenue Credit Card Royalty $ 316.95 $ 319.27 $ 3,659.74 $ 3,488.91 $ 5,000.00 $ (1,340.26) 73.19% Membership Directory 0.00 1,321.92 5,287.68 6,637.14 8,000.00 (2,712.32) 66.10% Membership Dues 0.00 0.00 1,206,096.50 1,219,626.50 1,201,447.00 4,649.50 100.39% Other Income 0.00 0.00 530.00 0.00 0.00 530.00 Group Travel Commission 0.00 0.00 696.00 0.00 800.00 (104.00) 87.00% Mailing Lists/Labels 1,035.72 125.82 1,641.30 9,063.59 4,000.00 (2,358.70) 41.03% Other Affinity Royalties 418.42 456.13 9,027.75 7,090.43 12,000.00 {2,972.25) 75.23% Total Revenue 1,771.09 2,223.14 1,226,938.97 1,245,906.57 1,231,247.00 (4,308.03) 99.65% Operating Expenses CardsfDues/Collections 0.00 0.00 0.00 0.00 5,000.00 (5,000.00) 0.00% Local Bar Relations 3.05 0.00 1,502.98 628.31 5,000.00 (3,497.02) 30.06% Professional Development 0.00 0.00 191.92 0.00 2,000.00 (1,808.08) 9.60% Sponsorships 200.00 0.00 1,450.00 400.00 2,000.00 (550.00) 72.50% Member Recruitment 0.00 0.00 5,646.97 2,863.05 7,000.00 (1 ,353.03) 80.67% Membership Printing/Postage 898.30 562.77 2,122.33 1,734.67 5,000.00 (2,877.67) 42.45% New Admittees' Receptions 1,942.14 1,329.45 2,353.91 2,525.22 5,000.00 (2,646.09) 47.08% Casemaker 5,182.00 5,151.10 46,638.00 56,571.02 62,000.00 (15,362.00) 75.22% Total Direct Expense 8,225.49 7,043.32 59,906.11 64,722.27 93,000.00 (33,093.89} 64.42% Membership Overhead 17,324.22 13,325.35 194,718.00 143,114.94 239,559.00 (44,841.00) 81.28% Total Expense 25,549.71 20,368.67 254,624.11 207,1!37.21 332,559.00 _(77,~~.89) 76.57% Variance $ (23,778.62} ~-·· (18,1!5.!j~) $_ 972,314,~6 ,l1 ,038,069.36 $ 898,688.00 $ 73,626.86 108.19% Notes: LT1 (X) Kansas Bar Association Public Service Ended Oct 31, 2016 Oct 31,2016 Oct 31, 2015 FY2016 YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Pro Bono Project $ 9,288.00 $ 10,054.00 $ 36,447.00 $ 47,264.00 $ 37,210.00 $ (763.00) 97.95% Mock Trial 0.00 0.00 9,850.00 7,950.00 9,850.00 0.00 100.00% LRE IOLTA Grant 0.00 0.00 10,960.00 8,750.00 11,320.00 (360.00) 96.82% Total Income 9,288.00 10,054.00 57,257.00 63,964.00 58,380.00 (1,123.00) 98.08% Operating Expenses Pub Svc Travel 0.00 0.00 64.20 0.00 0.00 64.20 Pro Bono Project 0.00 0.00 1,310.67 61.70 3,721.00 (2,410.33) 35.22% Mock Trial Exp 0.00 0.00 9,537.77 8,946.57 9,850.00 (312.23) 96.83% LRE IOLTA Grant 1,036.99 1'108.59 7,951.30 8,498.30 10,960.00 (3,008.70) 72.55% Pub Svc Printing 0.00 0.00 140.69 774.00 1,000.00 (859.31) 14.07% Public Info Pamphlets 33.97 46.14 3,648.47 2,686.17 3,500.00 148.47 104.24% Total Direct Expense 1,070.96 1,154.73 22,653.10 20,966.74 29,031.00 (6,377.90) 78.03% Pub Svc Overhead 3,248.29 4.441.78 36,432.75 47,704.96 44 917.00 (8,484.25) 81.11 % Total Expense 4,319.2§: 5,596.51 59,085.85 68,671.70 73,~48.00 ( 14,862.15) 79.90% Variance $ 4,968.75 ~ $ 11 ,828.85) $ 14,707.70) t !15,568.00) $ 13,739.15 11.75% Notes: U'1 ~ V) Q) u • !.....> Q) V) Q) u ·-1 J u ro !..... c.. ~ ro .....1 60 Kansas Bar Association Bookstore Ended Oct 31, 2016 Oct 31,2016 Oct 31,2015 FY 2016 YTD FY 2015YTD Annual Budget Variance o/o of Budget Actual Actual Revenue Bookstore Royalties $ 0.00 $ 0.00 $ 2,019.39 $ 2,457.88 $ 2,500.00 $ (480.61) 80.78 o/o Book Sales 7,094.00 743.04 78,521.04 40,312.44 90,000.00 (11 ,478.96) 87.25 o/o Bookstore Postage & Handling 662.49 100.00 5,876.22 1,860.00 2,500.00 3,376.22 235.05 o/o Total Income 7,756.49 843.04 86,416.65 44,630.32 95,000.00 (8,583.35) 90.96% Operating Expenses Book Store Prof. Development 0.00 0.00 282.10 0.00 0.00 282.10 Book Production 188.28 0.00 2,935.54 7,917.87 10,000.00 (7,064.46) 29.36% Book Store Postage/Shipping 67.22 334.67 5,265.21 2,748.26 2,500.00 2,765.21 210.61 o/o Book Store Legal Fees 0.00 0.00 0.00 0.00 500.00 (500.00) 0.00 o/o Book Store Printing 229.64 625.80 4,960.74 4,541.53 5,000.00 (39.26) 99.21 % Professional Outsourcing 2,710.00 0.00 21,850.00 6,360.00 8,000.00 13,850.00 273.13% Marketing 194.62 161.08 194.62 1,352.96 3,500.00 (3,305.38) 5.56 o/o Editor/Author Gifts 0.00 0.00 0.00 0.00 500.00 (500.00) 0.00% Bookstore TravellEd 73.44 0.00 73.44 0.00 0.00 73.44 Shipping Supplies (Boxes) 0.00 0.00 0.00 258.40 500.00 (500.00) 0.00% Shrink Wrap Expenses 69.86 0.00 280.52 95.66 500.00 {219.48) 56.10 o/o Total Direct Expense 3,533.06 1'121.55 35,842.17 23,274.68 31,000.00 4,842.17 115.62% Book Store Overhead Expense 4,331.06 5,552.23 48,577.01 59,631.22 59,890.00 {11,312.99) 81.11 % Total Expense 7,864.12 6,673.78 84,419.18 82,905.90 '90,890.00 ~((;,470.82) 92.88% Variance $ !107.63) $ (5,830.74) $ 1,997.47 $ (38,275.58) $ 4,110.00 $ (2,112.53) 48.60% Notes: O'l 1-' Kansas Bar Association CLE Month Ended Oct 31,2016 Oct 31,2016 Oct 31, 2015 FY 2016 YTO FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Paper Materials $ 805.00 $ 75.00 $ 5,455.00 $ 3,565.00 $ 3,000.00 $ 2,455.00 181.83% Lunch & Learn 800.00 660.00 6,873.92 9,005.00 10,000.00 (3, 126.08) 68.74% Live Programs 21,405.85 22,159.00 222,495.85 212,061.50 180,000.00 42,495.85 123.61 % Internet for Lawyers 0.00 0.00 1,139.59 0.00 0.00 1,139.59 Program Text 19.16 30.00 279.16 310.00 400.00 (120.84) 69.79% Webinars 3,840.50 4,224.50 34,165.16 26,604.50 25,000.00 9,165.16 136.66% On Demand 260.00 520.00 11,375.00 13,640.00 25,000.00 (13,625.00) 45.50% Telephone 0.00 240.00 3,710.00 240.00 2,000.00 1,710.00 185.50% Shamberg Endowment 0.00 0.00 0.00 600.00 600.00 (600.00) 0.00% Taped 100.00 0.00 54,904.12 64,140.84 65,000.00 (1 0,095.88) 84,47% Video Sales/Rental 0.00 0.00 1,910.00 1,330.00 1,500.00 410.00 127.33% Sponsorship 525.00 0.00 12,825.00 11,500.00 10,000.00 _ __..?,825.00 128.25% Total Income 27,755.51 27,908.50 355,132.80 342,996.84 322,500.00 32,632.80 110.12% Operating Expenses CLE Telephone/LongDistance 0.00 0.00 0.00 0.00 1,000.00 (1 ,000.00) 0.00% Application Forms 200.00 225.00 3,020.00 2,675.00 4,000.00 (980.00) 75.50% Staff Travel 626.80 832.86 3,208.24 4,181.61 6,500.00 (3,291.76) 49.36% Telephone 0.00 30.72 970.56 721.75 0.00 970.56 Speaker Expenses 153.78 872.48 19,738.28 18,344.16 25,000.00 (5,261.72) 78.95% Facilities 510.95 583.94 11,088.08 10,923.48 20,000.00 (8,911.92) 55.44% CLE Outsourced printing 1,380.24 180.88 3,397.54 6,158.45 10,000.00 (6,602.46) 33.98% Printing/Postage • In House 1 '129.13 1,857.71 10,147.20 13,231.80 20,000.00 (9,852.80) 50.74% Lead law 0.00 21.97 0.00 3,016.97 0.00 0.00 Taped Expense 0.00 0.00 12,5"12.50 10,877.55 15,000.00 (2,427.50) 83.82% NV Expense 1,472.05 0.00 4,063.49 2,681.86 4,000.00 63.49 101.59% Food & Beverage Expenses 8,369.84 1,193.12 39,932.47 41,077.34 55,000.00 (15,067.53) 72.60% Co-Sponsor 1,372.83 0.00 9,907.65 4,089.23 4,000.00 5,907.65 247.69% On Demand 0.00 0.00 0.00 19,397.00 5,000.00 (5,000.00) 0.00% Weblnar 34.39 0.00 1,013.20 247.07 1,500.00 (486.80) 67.55% SchofarLab 0.00 0.00 2,850.00 0.00 0.00 2,850.00 Miscellaneous 20.52 0.00 28.52 44.96 500.00 (471.48) 5.70% Committee Expenses ____....Q:Q.D_ --~~?..:?! --~_111.:_g ____ _E.,~. ____300.00 ~~ ----47.04% Total Direct Expenses 15,270.53 5,805.58 122,078.86 137,721.53 171,800.00 (49,721.15) 71.06% CLE Overhead Expense 18,406.99 ~.02 -~~~452.27_ _?1:1,747.39 254,532.00 ~.079.73} ----~1J1% Total Expenese !3.6'7?·5.2. 25,793.60 328,531.12 352, Variance $ (5,922.01) $ 2,114.90 $ 26,601.68 $ (9,472.08) $ (103,832.00} $ 130,433.68 ~.~J% Notes: 0"1 N Kansas Bar Association Law Office Mgmt Program Ended Oct 31, 2016 Oct31, 2016 Oct 31,2015 FY 2016 YTD FY 2015YTD Annual Budget Variance %of Budget Actual Actual Revenue Prints hop $ 0.00 $ 91.85 $ 38.20 $ 149.77 $ 200.00 $ (161.80) 19.10% Sponsorships 0.00 0.00 0.00 0.00 2,500.00 (2,500.00) 0.00% Vendor Marketplace 0.00 240.00 ------0.00 720.00 ___b()()Q,QO _(2,00().()0) 0.00% Total Income 0.00 331.85 38.20 869.77 4,700.00 (4,661.80) 0.81% Operating Expenses LPM Committee 0.00 0.00 7.17 0.00 500.00 (492.83) 1.43% Video Library 0.00 0.00 16.60 0.00 300.00 (283.40) 5.53% LOMAP lending library 0.00 0.00 299.34 440.71 500.00 (200.66) 59.87% Printing/Postage 0.00 0.00 0.00 69.30 0.00 0.00 Professional Development 0.00 0.00 1.489.25 855.72 1,500.00 (10.75) 99.28% Outreach 71.05 0.00 1,061.08 500.00 1,500.00 (438.92) 70.74% Print Shop Expenses 68.71 66.43 80.92 66.43 150.00 (69.08) 53.95% LOMAP Expense 0.00 0.00 0.00 22.00 0.00 0.00 Travel 0.00 0.00 253.73 1,203.74 1 000.00 (746.27) 25.37% Total Direct Expenses 139.76 66.43 3,208.09 3,157.90 5,450.00 (2,241.91) 58.86% Overhead 2,706.91 3,331.34 30,360.64 35,778.73 37,431.00 (7,070.36) 81.11% Total Expenses 2,846.67 3,397.77 33,568.73 38,936.63 42,881.00 (9,312.27) 78.28 o/o Variance $ (2,846.67) $ (3,065.92) $ (33,530.53) $ (38,066.86) $ (38,181.00) $ 4,650.47 87.82 o/o w0'\ Kansas Bar Association Sections Ended Oct 31, 2016 Oct 31,2016 Oct 31, 2015 FY 2016YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Admin Law Income $ 0.00 $ 0.00 $ 1,120.00 $ 1,380.00 $ 1,420.00 $ (300.00) 78.87% ADR Income 0.00 0.00 1,160.00 1,240.00 1,260.00 (100.00) 92.06% Ag Law Income 0.00 0.00 1,900.00 1,860.00 1,860.00 40.00 102.15% Appellate Law Income 0.00 0.00 1,360.00 1,120.00 1,300.00 60.00 104.62% Bankruptcy & lnsolvemcy Income 0.00 0.00 2,980.00 3,180.00 3,220.00 (240.00) 92.55% Construction Law Income 0.00 0.00 1,860.00 2,040.00 2,080.00 (220.00) 89.42% Corp, Business, Banking Income 0.00 0.00 5,820.00 5,740.00 5,920.00 (100.00) 98.31 % Corporate Counsel Income 0.00 0.00 3,400.00 3,580.00 3,980.00 (580.00) 85.43% Criminal Law Income 0.00 0.00 4,540.00 4,855.00 4,740.00 (200.00) 95.78% Elder Law Income 0.00 0.00 2,440.00 2,520.00 2,720.00 (280.00) 89.71% Employment Law Income 0.00 0.00 4,930.00 4,880.00 5,020.00 (90.00) 98.21% Family Law Income 0.00 0.00 7,500.00 7,340.00 7,600.00 (100.00) 98.68% Government Lawyers Income 0.00 0.00 1,500.00 1,280.00 1,380.00 120.00 108.70% Health Law Income 0.00 0.00 2,520.00 2,560.00 2,620.00 (100.00) 96.18% Immigration Law Income 0.00 0.00 600.00 700.00 760.00 (160.00) 78.95% Indian Law Income 0.00 0.00 280.00 260.00 380.00 (100.00) 73.68% Insurance Law Income 0.00 0.00 2,120.00 1,960.00 2,060.00 60.00 102.91 % Intellectual Property Income 0.00 0.00 1,860.00 1,880.00 1,940.00 (80.00) 95.88% Law Practice Management Income 0.00 0.00 0.00 1,180.00 0.00 0.00 Litigation law Income 0.00 0.00 12,440.00 13,060.00 13,300.00 (860.00) 93.53% Oil, Gas & Mineral Law Income 0.00 0.00 3,320.00 3,700.00 3,820.00 (500.00) 86.91% RE, Probate & Trust Income 0.00 0.00 12,520.00 12,780.00 12,720.00 (200.00) 98.43% Solo & Small Firm Income 0.00 0.00 3,240.00 3,415.00 3,520.00 (280.00) 92.05% Tax Law Income 0.00 0.00 3,280.00 3,340.00 3,440.00 (160.00) 95.35% Young Lawyers Income 0.00 0.00 7,375.00 8,420.00 §,700.0.Q 1,675.00 129.39% Total Income 0.00 0.00 90,065.00 94,270.00 92,760.00 (2,695.00) 97.09% (j) ~ Kansas Bar Association Sections Ended0ct31, 2016 Oct 31, 2016 Oct 31, 2015 FY 2016 YTD FY 2015YTD Annual Budget Variance %of Budget Actual Actual Operating Expenses Admin Law Expense 0.00 0.00 55.00 264.27 450.00 (395.00) 12.22% ADR Expense 0.00 0.00 17.09 0.00 450.00 (432.91) 3.80% Ag Law Expense 0.00 0.00 8.04 0.00 450.00 (441.96) 1.79% Appellate Law Expense 0.00 0.00 55.00 0.00 450.00 (395.00) 12.22% Bankruptcy & Insolvency Expense 0.00 0.00 147.26 620.00 450.00 (302.74) 32.72% Construction Law Expense 0.00 0.00 0.00 0.00 450.00 (450.00) 0.00% Corp/Business & Banking Expense 0.00 0.00 8.58 0.00 450.00 (441.42) 1.91% Corporate Counsel Expense 0.00 0.00 1.63 80.00 450.00 (448.37) 0.36% Criminal Law Expense 0.00 0.00 85.26 60.00 450.00 (364.74) 18.95% Elder Law Expense 0.00 0.00 0.00 0.00 450.00 (450.00) 0.00% Employment Law Expense 0.00 0.00 11.71 0.00 450.00 (438.29) 2.60% Family Law Expense 0.00 0.00 437.57 10.31 450.00 (12.43) 97.24% Government Lawyers Expense 0.00 0.00 0.00 0.00 450.00 (450.00) 0.00% Health Law Expense 0.00 0.00 3.61 90.00 450.00 (446.39) 0.80% Immigration Law Expense 0.00 3.45 0.00 3.45 450.00 (450.00) 0.00% Indian Law Expense 0.00 0.00 8.36 0.00 450.00 (441.64) 1.86% Insurance Law Expense 100.00 0.00 123.76 12.59 450.00 (326.24) 27.50% Intellectual Properties Expense 0.00 0.00 455.19 640.90 700.00 (244.81) 65.03% Law Practice Management Expense 0.00 0.00 0.00 500.00 0.00 0.00 Litigation Expense 0.00 0.00 100.00 0.00 450.00 (350.00) 22.22% Oil, Gas & Mineral Law Expense 0.00 0.00 414.07 198.48 450.00 (35.93) 92.02% RE, Probate & Trust Income 0.00 0.00 6.30 0.00 450.00 (443.70) 1.40% Solo & Small Firm Expense 0.00 0.00 450.00 508.24 450.00 0.00 100.00% Tax Law Expense 0.00 0.00 50.00 50.00 450.00 (400.00) 11.11% Young Lawyers Expense 1,793.50 0.00 16,634.70 13,543.65 18,600.00 (1,965.30) 89.43% Sections Printing/Postage 3.43 0.00 34.44 16.03 0.00 34.44 Total Direct Expense 1,896.93 3.45 19,107.57 16,597.92 29,200.00 (1 0,092.43) 65.44% Sections Overhead Expense 4,872.44 5,552.23 54,649.09 59,631.23 67,376.00 (12, 726.91) 81.11% Total Expense 6,769.37 5,555.68 73,756.66 76,229.15 96,576.00 (22,819.34) 76.37% Variance $ (6,769.37) $ (5,555.68) ~ 16_l~0~8.34 L 111,o4o.8s $ (3,816.00) $ 20,124.34 (427.37)% Notes: O'l lJ1 -c ro ()J ...c !..... ()J > 0 66 Kansas Bar Association Overhead Ended Oct 31,2016 Oct 31, 2016 Oct 31, 2015 FY 2016 YTD FY 2015 YTD Annual Budget Variance %of Budget Actual Actual Revenue Total Income 0.00 0.00 0.00 0.00 0.00 0.00 Operating Expenses Staff Salaries $ 66,608.43 $ 68,670.94 $ 729,741.11 $ 710,010.24 $ 909,604.00 $ (179,862.89) 80.23% Payroll Taxes 5,048.89 5,315.48 57,719.65 68,945.05 90,960.00 (33,240.35) 63.46% Health Benefits 2,319.43 6,390.56 67,543.86 73,340.51 85,000.00 (17,456.14) 79.46% Life & Disability Benefits 525.24 515.22 5,645.52 5,460.29 6,324.00 (678.48) 89.27% Employee Retirement 7,099.42 6,747.92 66,411.70 62,201.70 74.468.00 (8,056.30) 89.18% Staff Expenses 547.54 327.42 5,168.57 5,017.22 3,000.00 2,168.57 172.29% Staf Training Expense 0.00 0.00 375.00 375.00 0.00 375.00 Staff Recruitment 890.60 0.00 2,561.40 634.27 2,000.00 561.40 128.07% Professional Services 2,371.28 2,370.76 24,535.84 23,669.00 29,179.00 (4,643.16) 84.09% Software Upgrades 1,053.14 707.92 7,997.34 7,392.10 12,400.00 (4,402.66) 64.49% Audit/Financial Services 2,521.64 1,512.42 15,658.46 16,237.00 15,500.00 158.46 101.02% Mileage 0.00 14.51 199.08 488.04 500.00 (300.92) 39.82% Office Machine Service contract 213.03 106.17 2,111.49 749.56 1,200.00 911.49 175.96% Office Supplies 486.48 914.76 7,964.31 8,841.06 12,000.00 (4,035.69) 66.37% Telephone 808.29 684.88 7,549.43 7,999.38 8,124.00 (574.57) 92.93% Misc./Overpayments 0.00 149.00 3,409.36 254.84 0.00 3,409.36 Shipping Expense 145.38 (206.25) 1,678.75 583.32 2,000.00 (321.25) 83.94% Dues & Subscriptions 0.00 9.95 3,565.52 3,588.50 3,000.00 565.52 118.85% Postage/Printing 194.59 413.68 4,233.36 3,650.03 8,200.00 (3,966.64} 51.63% Office Equip. Uncapitalized 0.00 0.00 0.00 1,240.51 3,000 .. 00 (3,000.00) 0.00% Computer Equip. Uncapitalized 18.53 0.00 638.42 636.66 5,000.00 (4,361.58} 12.77% Utilities 2,419.03 1,852.21 24,056.51 23,259.88 29,485.00 (5,428.49} 81.59% Off Site Storage 0.00 0.00 200.00 285.22 250.00 (50.00} 80.00% Bldg & Ground Maintenance 2,559.43 2,355.79 27,229.11 25,153.37 30,450.00 (3,220.89} 89.42% Taxes Expense 1,279.84 1,352.01 19,089.26 18,550.90 19,000.00 89.26 100.47% Rent 6,050.00 6,050.00 60,500.00 60,500.00 72,600.00 (12, 100.00) 83.33% Bldg Improvement Fund 500.00 500.00 9,333.74 5,000.00 6,000.00 3,333.74 155.56% Depreciation 1,311.65 1,284.34 13,021.76 12,731.06 15,000.00 (1,978.24} 86.81% Insurance 1,860.97 1,796.76 18,967.71 17,791.77 23,000.00 {4,032.29) 82.47% (1,478.11) 95.07% Credit Card Fees 1,443.57 1,296.43 28,521.89 28,048.77 30,000.00 (281,615.85) 81.19% Total Expense 108,276.40 111,132.88 1,215,628.15 1,192,635.25 1,497,244.00 __!!1:1!% $ (101!,~76,1Q) $(111,13~~ $ (1,215,621!.15) $_(1,192,635.25) $ (1,497,244.00) $ 281,615.85 0) -....! Kansas Bar Association BALANCE SHEET Oct 31, 2016 Assets 2016 2015 Current Assets CoreFirst Bank Checking Account $ 105,773.37 $ 41,725.87 CBT- KSBAR PAC Account 829.97 829.89 Cash on Hand 398.52 398.52 G-Trust- Operating Account 126,361.69 36,136.79 G-Trust- Reserve Acct 270,656.82 268,081.64 Accounts Receivable2 50,727.56 50,197.62 Allowance for doubtful Accounts (3,568.00) (3,568.00) Undeposited Funds 19.36 0.00 Accounts Receivable (40.00) (40.00) Misc. Accounts Receivable 0.00 111.65 Mise Acct Rec 0.00 5.00 Prepaid copier 1,268.74 (1,559.58) Prepaid Contracts 17,954.73 17,990.01 Inventory - Binders 13,778.07 16,291.86 Inventory - KBA Handbooks 820.66 155.61 Published Book Inventory 3,495.00 ___1.,335.76 Total Current Assets 588,476.49 429,092.64 Property and Equipment Furn. & Equip. (Assets) 331,860.55 318,984.43 Leasehold Improvements 110,563.50 110,563.50 Accumulated Depreciation (391 ,303.05) (375,810.02) Total Property and Equipment 51,121.00 53,737.91 Other Assets Prepaid Expenses 100.00 2,583.84 Copyright 20,000.00 20,000.00 Copyright Amortization (20,000.00) {20,000.00) Total Other Assets 100.00 __2_,583.84 Total Assets $ 639,697.49 $ 485,414.39 0"1 See Accountant's Compilation Report 00 Kansas Bar Association BALANCE SHEET Oct 31, 2016 Liabilities and Stockholders' Equity 2016 2015 Current Liabilities Accounts Payable $ 1,435.74 $ 0.00 KBF - Payable (459.95) (787.97) KBF- Ethics for Good Expenses 0.09 0.00 Property Tax Payable 12,716.60 13,520.10 Vacation Payable 34,801.12 40,305.51 Prepaid Membership Dues 5,697.50 4,210.00 Prepaid Mock Trial Income 0.00 1,350.00 Retirement Plan Payable 62,056.70 58,541.70 Sales Tax Payable 550.54 119.82 Total Current Liabilities 116,798.34 117,259.16 Long-Term Liabilities Total Long-Term Liabilities 0.00 0.00 Total Liabilities 116,798.34 117,259.16 Stockholders' Equity Capital Outlay Reserve 200,000.00 200,000.00 Retained Earnings (97, 149.35) (236,863.79) Net Income 420,048.50 405,019.02 Total Stockholders' Equity ~ 522,899' 1!i 368,155.23 Total Liabilities and Stockholders' Equity $ 639,697.49 $ 485,414.39 See Accountant's Compilation Report (j) 1.0 KANSAS BAR ASSOCIATION Analysis of Cash and Investments October 31, 2016 [clieckmQTccount 1 Account Balance As Of Cash on Hand 105-00-00 $398.52 10/31/2016 Commerce Bank 101-00-00 $90,000.00 Commerce Bank -Sweep 101-00-00 $15,773.37 Subtotal $106,171.89 MONTHLY SUMMARY 10/31/2016 Checking Account $106,171.89 !Fidelity Investments 1116-00-00 Account Balance As Of Fidelity Investments $397,018.45 Fidelity- Operating Account 116-00-00 $126,361.63 Fidelity - Reserve Account 118-00-00 $270,656.82 10/31/2016 Subtotal $397,018.45 Total Cash and Investments $503,190.34 -....J 0 KBA Financial Analysis October 2016 Financials KMW Administration & Finance 400-20-00 Interest Income & 400-22-00 Unrealized Loss/Gain October yielded $205 of interest. Annual Meeting No unexpected changes from previous month. Communications No unexpected changes from previous month. KBF Management No unexpected changes from previous month. Lawyer Referral Service Ask A Lawyer Fees totaled $2,495 in October Legislative No unexpected changes from previous month Member Services 430-01-00 Membership Dues Member dues at the end of the month were at $1.206 million. Public Service No unexpected changes from previous month CLE Bookstore 407-09 Book Sales Book sales for October totaled $7,094. CLE Seminars 408-04 Live Programs Live programs revenues for the month was $30k and include $1.3k ADR, $6.lk OGM, $3.4k Plaza Lights, and $8.0k Elder/rept. LOMAP No unexpected changes from previous month Sections No unexpected changes from previous month Page 1 of2 71 KBA Financial Analysis October 2016 Financials KMW Overhead No unexpected changes from previous month Page 2 of2 72 KANSAS BAR ASSOCIATION D KBA Budget - FY17 -.....! w Kansas Bar Association - Confidential 11/21116 FY 2017 KBA Budget Summary Budget FY12 i:Y12 FY13 FY13 FY14 FY14 FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actital Budget Ai:tt1al Budget Budget Income Administration 18,000 11~.782 15,000 'I;St4 5,000 3;368 1,200 1rs1· 1,500 9,200 Annual Meeting 158,000 113,219 127,000 149i321 105,700 69i390 111,500 aa:~9o 94,750 93,050 Bookstore 172,500 77,440 78,950 fS9,308 88,840 47;072 116,000 si,2Q2 95,000 100,500 CLE Seminars 366,000 381,831 417,500 381,763 392,000 364;757 327,200 370;650 322,500 366,900 LOMAP . 3,500 .132 6,500 870 4,700 1,200 KBF Management Services 75,000 70,980 70,980 70i980 67,980 76,980 81,480 81,480 81,480 81,480 Legislative - 500 - .. 13~. 3,000 540 2,000 610 600 600 Member Services 1,121,000 1,192,831 1,202,800 1,178,094 1,172,500 1,133,268 1,229,043 1,250,788 1,231,247 1,221,700 Public Service 58,200 180,463 148,000 147,957 45,500 47,116 44,000 63,964 58,380 51,855 LRS 86,000 114,852 140,000 102,312 117,000 113,000 Sections 80,550 84,825 82,900 68,905 74,460 90,095 87,470 94,270 92,760 93,340 Communications Services 45,800 52301 46,500 69884 51,000 72,919 66,500 86,000 Total Income 2,049,250 2,119,871 2,188,930 2,126,278 2,090,980 2,017,454 2,197,393 2,178,166 2,166,417 2,218,825 Expenses Administration 389,950 384.013 362,999 377,693 374,281 392,490 341,251 322,461 407,666 445,169 Annual Meeting 292,850 325;669 251,768 2?3.032 181,713 169,665 242,740 164,205 167,262 176,992 Bookstore 125,750 90;028 101,009 76,831 112,413 112,621 108,984 100,378 90,890 99,695 CLE Seminars 415,850 488,172 459,993 473,299 453,510 469,731 450,264 430,030 426,331 425,228 LOMAP 69 30,611 32,624 50,411 47,336 42,881 36,697 KBF Management Services 82,900 82,704 94,466 97',454 81,913 85,687 81,003 80,177 82,848 86,018 Legislative 114,650 115,245 115,414 1.18,524 116,913 120,951 122,671 116,487 125,120 119,468 Member Services 407,800 533,319 399,482 399,207 265,841 245,281 270,343 254,410 332,559 358,103 Public Service 104,400 219,318 217,013 222,702 102,213 104,150 79,148 80,665 73,948 67,091 LRS 122,000 112,524 134,555 130,217 114,471 106,168 Sections 86,600 75,701 96,111 85;658 111,913 105,818 104,184 90,190 96,576 76,846 Communications Services 110,000 86 731 224,220 224 803 211,645 203,829 205,687 221,141 Total Expenses 2,020,750 2,314,169 2,208,255 2,211,200 2,177,541 2,176,345 2,197,199 2,020,385 2,166,240 2,218,618 Yarjance 28,500 (194,298) (19,325} (84 922} (86,561) (158 891) 194 157 781 177 207 -....J ~ Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Administration FY12 FY12 FY13 FY13 FY14 .FY14 FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual Budget Budget Jn.c.gmg Building Rental 216 571 200 543 500 500 400-20-00 Interest 18,000 81040 15,000 4,411 5,000 2,.545 1,000 1,735 1,000 1,200 KBA/KDJA Dinner 7,500 400-22-00 Unrealized Loss/Gain - 3743 (3;113) ~52 {517) Total Income: 18,000 11,783 15,000 1,514 5,000 3,368 1,200 1,761 1,500 9,200 Expense 500-01-00 Board of Governors Meetings 8,000 13,662 10,000 17,524 10,000 5,029 6,000 6,460 5,000 5,000 500-01-02 Court Appreciation Dinner 9,000 10,590 10,000 8,523 10,000 9,443 11,000 11,636 12,000 10,000 500-06-00 KBA/KDJA Dinner 11,000 3,410 11,000 6,890 4,710 804 7,500 500-24-00 Bar Leadership Summit 2,000 135 500-40-00 Committee Expenses 4,000 5,483 4,500 5,488 5,000 6,430 6,000 5,636 5,000 5,000 On-line Election Expenses 4,500 5,830 6,000 5,830 6,000 6,000 500-03-00 Contingencies 4,000 519 176 500-42-00 Executive Committee Retreat 3,000 3,904 4,000 1,923 4,000 2,796 3,000 688 3,000 2,000 500-14-00 Executive Director Expense 1,000 258 1,247 500 960 500 1,269 500 1,000 500-12-00 Printing/Postage/Telephone 1,000 1,406 1,250 435 800 750 550 1,375 500 1,000 500-11-00 TravellEd -ABA Delegates 10,000 4,248 6,000 4,919 6,000 5,951 4,500 1,500 4,500 6,500 Professional Development Pool - 3,000 1,278 12,000 15,004 10,000 395 10,000 10,000 500-07-00 TravellEd - Executive Dir 7,000 3~720 3,000 4,627 4,800 6,672 3,600 7,850 4,800 6,000 500-09-00 TravellEd - President 8,000 11,886 7,500 10,444 8,500 7,918 4,500 802 4,500 4,500 500-10-00 TravellEd - President-Elect 6,000 7,437 7,500 8,516 8,500 6,783 4,500 1,490 4,500 4,500 500-13-00 TravellEd -Vice President 2,000 2,773 3,000 1.,200 3,000 1,390 3,000 762 3,000 3,000 Reinvest into Reserve - Direct Expense 76,000 69,431 70,750 73,190 77,600 79,666 63,150 46,497 63,300 72,000 Overhead% 23.0% 22.0% 22.0% 19.0% 23.0% 24.0% 500-50-00 Overhead 313,950 314582 293,749 304,504 296,681 312,822 278,101 275,963 344,366 373,169 Total Expense 389,950 384,013 364,499 377,694 374,281 392,488 341,251 322,460 407,666 445,169 . ·· ·. Variance (371,950) {372,230) (349,499) (376,180) (369,281) (389,120) (340,051} (320,699) (406, 166 {435,969 -....! LT1 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Annual Meeting FY12 FY12 FY13 FY13 FY14 FY1iJ FY15 FY1S. FY16 FY17 Budget Actual Budget Actual Budget .A.ctuat Budget Actual. Budget Budget .lw:.2m.e 405-22-00 Exhibits 10,000 s,aoo 12,000 1o;;5o 8,000 a,40"o 9,000 10;1S:Il 6,750 6,750 405-01-00 Registration 100,000 60l919 60,000 101;496 59,700 37,188 67,500 54,39!) 56,000 45,000 405-05-00 Sponsorships 40,000 3:Mso 45,000 2!M55 30,000 25,802 35,000 a1;.rso 32,000 35,000 405-03-00 Golf Tournament 8,000 10,150 10,000 11820· 8,000 . i 6,300 Total Income 158,000 11$,219 127,000 149,321 105,700 69,390 111,500 . 86,290: 94,750 93,050 Expense 505-11-00 Awards 3,000 2,828 500 2.464 3,000 3,200 3,000 3,282 3,500 3,800 505-09-00 Bar Show 14,000 14,000 15,000 15,000 12,000 15,000 15,000 15,000 505-08-00 Entertainment - 98 1,000 12,125 10,000 505-18-00 Facilities 23,000 26,494 15,000 11,898 10,000 6,875 20,000 6,093 12,500 10,000 505-06-00 Meals/Receptions/Installation 75,000 96,016 65,000 58,376 30,000 30,308 66,000 29,842 35,000 30,000 505-10-00 Planning Committee 1,000 869 650 198 1,000 722 1,000 134 1,000 1,000 505-12-00 Printing/Postage/Promotion/T ele 18,000 24,165 16,000 4,916 12,000 14,686 15,000 4,028 10,000 6,000 505-01-00 Registration 1,000 5.73 500 318 500 3E>8 600 2,505 400 400 505-04-00 Staff Accommodations 4,000 6,639 2,500 9,642 1,500 73 5,000 2,884 2,500 3,000 505-07-00 Speakers/Guests Comps 20,000 22.544 20,000 44.183 20,000 12,116 20,000 6.423 12,500 10,000 505-03-00 Golf Tournament 9,000 6,468 8,000 14,668 8,000 6,000 505-19-00 Transportation - On Site 2,000 1,835 1,800 860 1,800 110 2,000 1710 3,500 Direct Expense 170,000 202,529 144,950 162,303 100,800 84,118 147,600 69,626 92,400 83,700 Overhead% 9.0% 8.0% 6.0% 6.5% 5.0% 6.0% 505-50-00 Overhead 122,850 123140 106,818 110,729 80,913 85547 95,140 94579 74,862 93,292 Total Expense 292,850 325,669 251,768 273,032 181,713 169,665 242,740 164,205 167,262 176,992 Yarjance (134,850) (212 450) (124,768) (123 711) (76,013) (100 275) (131,240) (77 915) (72,512 (83,942 m"" Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Bookstore FY12 FY12 FY13 FY1a FY14 FY14 FY15 FY1S FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual Budget Budget 1D.I;w:nt 407-09-00 Book Sales 165,000 74,33!;} 75,000 63,600 82,840 41,349 110,000 47,1~2 90,000 95,000 Book Sponsorhsips 1,000 1,000 KBA Member-Author Sales 1,000 Book Royalties 2,408 1,000 3,953' 2,000 2,458 2,500 2,500 407-10-00 Postage & Handling/Book Sales 7,500 3100 3,500 3300 3,000 1;770 3,000 2,672 2,500 3,000 Total Income 172,500 77,439 78,500 69,308 88,840 47,072 116,000 52;252 95,000 100,500 Expense 507-09-00 Book production expenses 20,000 8,014 27,000 7,042 10,000 8,065 10,000 10,421 10,000 6,000 507-22-00 Professional Outsourcing 12,500 2,429 8,000 4,097 8,000 12,440 12,500 6,360 8,000 20,000 507-28-00 Editor/Author Gifts 5,000 2,000 1,000 500 500 507-14-00 Legal Fees 1,000 1,000 1,000 500 500 507-12-00 Postage/Telephone 5,000 2,014 3,600 2,231 3,000 2,041 3,000 3,214 2,500 2,500 507-15-00 In-house printing 10,000 5,969 5,000 5,855 6,000 4,424 5,000 5,347 5,000 5,000 507-10-00 Royalties/Copyright Amortization - 507-24-00 Shipping Supplies 1,000 337 1,000 10 500 16 300 258 500 500 507-25-00 Shrink Wrap Expenses 1,000 804 500 335 500 89 500 163 500 500 KBA Member-Author Expenses 500 Bookstore Marketing 3,500 1,853 3,500 2,000 507-04-00 Professional Development 2,000 2072 1,500 1897 77 Direct Expense 57,500 21,639 47,600 21,467 31,500 27,075 35,800 27,693 31,000 37,500 Overhead% 5.0% 4.0% 6.0% 5.0% 4.0% 4.0% 507-50-00 Overhead 68,250 68,387 53,409 55364 80,913 85547 73,184 72685 59,890 62,195 Total Expense 125,750 90,026 101,009 76,831 112,413 112,622 108,984 100,378 90,890 99,695 Variance 46,750 (12 587) (22,509) (7,523) (23,573) (65,550) 7,016 (48,126) 4,110 805 """' """' Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget CLE FY12 FY12 FY13 FY13 FY14 FY14 FY15 FY15 Fy16 FY17 Budget Actual Budget Ac(uat Budget Actual Budget Actual Budget Budget l.wowile 408-18-00 On-Demand 1$~530 25,000 32,395 45,000 13,965 25,000 1,000 408-06-00 CLE Sponsorships 12,000 ····a,rso 14,000 9;250 9,000 12,650 10,000 12,750 10,000 12,500 408-04-00 Programs - Live 240,000 275,280 250,000 24&;534 210,000 221),088 180,000 235,623 180,000 240,000 Programs - Lunch-n-Learns 10,000 2,375 5,000 9,305 10,000 10,000 408-10-00 Progams - Webinars 16',646 25,000 20,069 20,000 22,092 15,000 27,002 25,000 30,000 408-20-00 Programs - DVD/taped 112,000 75,542 100,000 82,534 100,000 69,487 65,000 64,006 £5,000 65,000 Programs- Telephone 25,000 11,570 15,000 3,319 5,000 2,155 2,000 2,500 Shamberg Endowed Program 600 600 600 600 408-08-00 Program Text 1,000 1;673 1,500 1,286 1,500 770 500 310 400 300 Paper Materials 3,605 3,000 3,500 408-22-00 DVD Sales/Rentals 1,000 830 2,000 990 1,500 1,580 1,100 1330 1,500 1,500 Total Income 366,000 378,721 417,500 387,763 392,000 364,756 327,200 370,651 322,500 366,900 Expense 508-18-00 On-Demand 3,000 17,544 16,000 19;397 5,000 - 508-22-00 AN Expense 7,500 .8~181 8,500 7,766 5,000 8,362 5,000 4;814 4,000 5,000 508-26-00 Webinar 1,840 6,000 691 3,000 558 2,000 430 1,500 2,000 508-40-00 Committee Expenses 500 ..•. 218 300 549 300 169 300 63 300 400 508-10-00 Facilities 22,000 44;277 35,000 41,994 35,000 14,545 25,000 13,088 20,000 15,000 508-24-00 Food & Beverage 50,000 62,939 60,000 54,953 50,000 59,808 50,000 58,735 55,000 55,000 508-12-00 Printing/Postage/Tele-lnhouse 14,000 42,178 25,000 40;664 25,000 28,045 25,000 15,731 20,000 15,000 508-06-00 Printing/Postage-Outsourced 22,000 14,799 22,000 6,895 10,000 10,600 12,500 7,644 10,000 10,000 508-20-00 Programs - DVD 17,500 18,815 17,500 15,3~2 17,500 12,734 15,000 10,878 15,000 15,000 Programs- Telephone 6,000 2,224 3,500 1,500 1,000 1,000 508-08-00 Speaker Expenses 18,000 21.793 16,000 23,383 20,000 19,216 20,000 21,226 25,000 25,000 Staff Travel 9,967 7,500 7,549 7,000 5,091 6,500 6,000 Cosponsor 2,080 3,333 3,500 5,430 4,000 5,500 Mise .'195 240 45 500 500 Lead law 3,017 508-04-00 Staff Professional Development 3,000 9,838 6,000 2,000 508-03-00 A lication Fees 2,000 1700 4,000 3,575 4,000 2,225 4,000 2,700 4,000 3,500 Direct Expenses 156,500 226,578 206,300 210'~~18 183,800 184,928 186,800 168,289 171,800 160,900 •· Overhead% 19.0% 19.0% 20.0% 18.0% 17.0% 17.0% 508-50-00 Overhead 259,350 2s9a12 253,693 2&~981 269,710 284;802 263,464 261/741 254,531 264,328 Total Expense 415,850 486,450 459,993 473,299 453,510 469,730 450,264 430,030 426,331 425,228 variance 103,831 58,328 -....J 00 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget LOMAP FY12 FY12 FY13 FY13 FY14 FY14 FY15 FY16 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual Budget Budget .ln.c.w:n§ LOMAP Printshop 1,500 112 500 150 200 LOMAP Vendor Marketplace 2,500 120 2,000 1,200 LOMAP Video Library 1,000 LOMAP Sponsorships 2,000 20 2,500 2,500 Total Income - - - 3,500 132 6,500 87:0 4,700 1,200 Expense LOMAP Printshop expenses 500 25 200 71 150 LOMAP Lending Library 29 500 341 500 441 500 500 LOMAP Video Library 300 300 300 LOMAP Mentor Program 1,500 1,500 Professional Development 1,500 856 1,500 1,500 LPM Committee 500 500 LOMAP Outreach 1,000 522 1,500 1,500 Printing/postage 2,857 569 300 LOMAP Travel 41 1,140 886 1,500 1,266 1,000 1,000 Direct Expense - -- 70 3,640 4,109 6,500 3,725 5,450 5,600 Overhead% 2.0% 3.0% 2.5% 2.0% Overhead 26,971 28,516 43,911 43,611 37,431 31,097 Total Expense - -- 70 30,611 32,625 50,411 47,336 42,881 36,697 Variance - - - (70) (27,111) (32,493) (43,911) (46,466) (38, 181 (35,497 ...... , 1..0 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget KBF Management Services FY12 FY12 FY13 FY13 FY14 .FY14 FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual Budget Budget l.wo!mlB 450-01-00 IOLT A Administration Fee 15,000 15,000 15,000 15,000 12,000 12,000 13,500 1~;~oo· 13,500 13,500 450-05-00 KBF Management Fee 60,000 55,980 55,980 55;9'80 55,980 64,9130 67,980 61,980. 67,980 67,980 Total Income 75,000 70,980 70,980 70,980 67,980 76,980 81,480 81,480 81,480 81,480 Expense Telephone 60 550-12-00 Printing/Postage 1,000 640 1,000 566 1,000 140 500 57 500 500 Direct Expense 1,000 640 1,000 566 1,000 140 500 117 500 500 Overhead% 6.0% 7.0% 6.0% 5.5% 5.5% 5.5% 550-50-00 Overhead 81,900 82,064 93,466 96888 80,913 85,547 80,503 80060 82,348 85,518 Total Expense 82,900 82,704 94,466 97,454 81,913 85,687 81,003 80,177 82,848 86,018 Yarjance (7,900) (11 724) (23,486) (26474) (13,933) (8 707) 477 1,303 (1,368 (4,538 CX) 0 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Legislative FY12 FY12 FY13 r:y'13 FY14 FY14 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Budget Budget " ' !I6:1 l.w;,Q,m,e Sponsorships 500 · ... 1~35 3,000 54o 2,000 ·.a'io 600 600 Total Income ,.·.500 135 3,000 540 2,000 ·f$1Q; 600 600 - - :',',;::·: Expense 525-07-00 Contract Services 21,000 :;h,ooo 23,100 23,147 23,100 23,100 23,100 23,100 25,200 25,800 525-01-00 Hospitality 5,000 5,165 5,000 5,076 5,000 5,025 5,000 .3,897 5,000 4,000 525-06-00 Information Services 1,000 645 1,500 555 700 1.023 500 610 500 600 525-40-00 Legislative Committee 1,000 3,319 1,000 982 2,500 677 1,500 119 750 500 525-10-00 Fall Legislative Conference 1,500 1,243 1,500 1,501 1,500 303 1,500 897 500 700 525-12-00 Printing/PostagefTelephone 250 576 200 81 200 1,053 250 231 300 300 KSBar PAC Expenses 35 35 35 35 50 525-04-00 Ethics/Legislative Travel & Ed. 3,000 1233 3,000 4,095 3,000 4,188 3,000 376 3,000 2,000 Direct Expense 32,750 33;181 35,300 35,478 36,000 35,404 34,850 29,265 35,285 33,950 Overhead% 6.0% 6.0% 6.0% 6.0% 6.0% 5.5% 525-50-00 Overhead Expense 81,900 82,064 80,114 83047 80,913 85547 87,821 87222 89,835 85,518 Total Expense 114,650 115,245 115,414 118,525 116,913 120,951 122,671 116,487 125,120 119,468 Yarjance (114,650) (114 745) (115,414) (118 390) (113,913) (120,411) (120,671) (115,877) (124,520 (118,868 Note: This budget includes expenses that would not be attributable to lobbying expenditures for purposes of determining the tax deductibility of members' dues. 00 ...... Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Member Services FY12 FY12 FY13 FY13 FY14 PY14 FY15 FY1S Fy16 FY17 Budget Actus( Budget At:tuill*. Budget Actual Budget Actual Budget Budget .lwow:w! ( 430-20-00 Credit Card Royalty 5,000 4,654 5,000 4.~@ 4,000 4;511 4,000 tt;!2:Q 5,000 4,000 430-14-00 Group Travel Commission 3,000 269 1,500 1;f~6 500 1,024 800 800 600 430-18-00 KBA Store - . - 430-23-00 Mailing Lists/Labels 4,000 4,109 2,000 3,746 2,000 6,594 2,000 ~;064 4,000 1,000 430-15-00 Membership Directory 15,000 14,010 12,000 .... 4.298 12,000 11,366 10,000 9.~54 8,000 8,000 430-01-00 Membership Dues 1,090,000 1,114,027 1,178,300 1,149,2?4 1,150,000 1,100,908 1,202,243 1,219;627 1,201,447 1,198,100 430-25-00 Other Affinity Royalties 4,000 4,612 4,000 14,766 4,000 8,865 10,000 8,!)23 12,000 10,000 430-13-00 US Supreme Court Trip - ·. Total Income 1,121,000 1,141,621 1,202,800 1,178,094 1,172,500 1,133,268 1,229,043 1,250,788 1,231,247 1,221,700 Expense 530-01-00 Cards/Dues/Collection 5,000 5,000 3,166 5,000 4.742 4,000 5,000 530-33-00 Casemaker 64,000 60,191 59,880 55,494 62,000 60,705 62,000 66,873 62,000 63,000 530-16-00 Economic Survey of Law 7,500 10,523 530-18-00 KBA Store - 530-03-00 Local Bar Relations 6,000 6;946 1,500 1,851 6,000 1,552 6,000 628 5,000 2,500 Public Relations 10,000 530-21-00 New Admittees' Receptions 6,000 5,998 6,500 6;025 6,500 5,870 6,500 2,525 5,000 4,000 530-12-00 Printing/Postage/Telephone 4,000 7,789 6,500 6,784 6,000 6;056 4,200 5,576 5,000 5,000 530-06-00 Member Recruitment 8,000 9,486 6,000 3,235 10,000 6;011 7,000 3,874 7,000 7,500 Membership Initiative 5,000 1,149 530-05-00 Sponsorships 4,000 2,562 4,000 1,712 4,000 2,290 3,000 400 2,000 2,000 530-04-00 Staff Travel/Education - Membership 3,000 9,000 3,000 2,596 3,000 64 2,000 2,000 2,000 530-13-00 US Supreme Court Trip - 31 Direct Expense 107,500 112,526 92,380 80,863 117,500 88,445 94,700 79,8.76 93,000 86,000 Overhead% 22.0% 23.0% 11.0% 12.0% 16.0% 17.5% 545-50-00 Overhead 300,300 300,904 307,102 318 346 148,341 156,836 175,643 174,533 239,559 272,103 Total Expense 407,800 413,430 399,482 399,209 265,841 245,281 270,343 254,409 332,559 358,103 ... Yarjance 713,200 728,191 803,318 778,885 906,659 887,987 958,700 996,379 898,688 863,597 co I'V Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Public Services FY12 FY12 FY13 FY13 FY14 FY14 FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual Budget Bydget ~ 422-28-00 Adults Civics Education Program 422-11-00 LRE IOLTA Grant 6,500 a;5oo 4,000 4;000 10,000 10,000 8,000 8,750 11,320 6,045 422-08-00 Mock Trial 8,000 5,750 8,000 5,000 5,500 9,000 6,000 7,950 9,850 6,600 422-05-00 Pro Bono Project (KLS Grant) 43,700 43;591 30,000 35,748 30,000 27,966 30,000 47,264 37,210 37,210 422-26-00 Public Information Pam hlets - 2,000 Total Income 58,200 55,841 42,000 44,748 45,500 46,966 44,000 63,964 58,380 51,855 Expense 522-28-00 Adults Civics Education Program - 522-09-00 KBA Independent Judiciary Efforts 3,000 1,500 522-11-00 LRE IOL TA Grant 6,500 3,598 4,000 3,140 10,000 6,526 8,000 8,500 9,960 6,045 LRE Law day 1,000 522-08-00 Mock Trial 8,000 10.442 8,000 10,578 5,500 8,934 6,000 8,947 9,850 6,600 522-12-00 Printing/Postage/Telephone - . 315 400 4 1,000 520 600 797 1,000 1,000 522-05-00 Pro Bono Project 500 274 500 394 1,000 731 2,500 175 3,721 2,600 522-26-00 Public Information Pamphlets 2,500 2,176 500 2,546 3,000 1,515 3,000 4,097 3,500 3,000 522-04-00 Staff Travel/Education 2,000 .145 1,500 1,776 800 343 500 1,200 Direct Expense 22,500 16;950 14,900 18,438 21,300 18,569 20,600 22,516 29,031 20,445 Overhead% 6.0% 6.0% 6.0% 4.0% 3.0% 3.0% 522-50-00 Overhead 81,900 82,065 80,114 83,047 80,913 85547 58,548 58148 44,917 46,646 Total Expense 104,400 99,015 95,014 101,485 102,213 104,116 79,148 80,664 73,948 67,091 variance 15,236 00 w Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Laywer Referral Service FY12 FY12 FY13 FY13 FY14 FY14 FY15 FY15 FY16 FY17 Budget Acti.tal Budget Actual Budget Actual Budget AJ:lusl Budget I Budget ~ 422-15-00 LRS Panel Member Fees 26,000 27,307 26,000 22;575 26,000 26;935 20,000 20,000 15,500 Ask-a-Lawyer Service 10,000 ii 27,000 32,000 422-15-01 LRS Remittances 100,000 . '97,315 80,000 60,633 60,000 atsl7 110,000 6&:863 70,000 65,500 Total Income 126,000 124,622 106,000 103;208 86,000 114;852 140,000 102,312 117,000 113,000 Exwm.u 522-13-00 Lawyer Referral Advertising 12,000 7,795 6,000 5,323 3,000 1,216 5,000 1,339 3,0001 2,000 522-14-00 Lawyer Referral Marketing 1,000 239 1,000 6.12 2,000 33 3,000 28~ 1,000 1,000 522-15-00 KLS Contra! Payment 100,000 112,270 115,000 115,283 86,250 106,114 Ask-a-Lawyer Credit Card Fees 300 1,294 1,650 2,150 Ask-A-Lawyer Fees 4,000 LRS Phone System 2,830 8,160 8,93~ 9,000 9,000 Software Support 1,500 1:soo 1,500 1,500 522-04-00 Staff Travel 832 1,000 572 1,000 1,000 Direct Expense 113,000 120,304 122,000 121,218 91,250 112;525 17,460 13;922 17,150 20,650 Overhead% 3.0% 8.0% 6.5% 5.5% 522-50-00 Overhead 40,457 117,095 1113,296 97,321 85,518 Total Expense 113,000 120,304 122,000 121,218 131,707 112,525 134,555 130,218 114,471 106,168 ~ 13,000 4,318 (16,000) (18,Ql0) (45,707) 2,327c 5,445 (27,906) 2,5291 6,832 co .+::- Kansas Bar Association Confidential 11/21/16 FY 2017 KBA Budget Sections FY12 FY12 FY13 F'113 FY14 FY14 FY15 F'115. FY16 FY17 Budget Actual Budget ·.At:tu~t* Budget Actual Budget .Actual Budget Budget l.ruiwlle 410-01-00 Administrative Law 1,000 1,200 1;140 1,580 1320 1,240 1,3!6 1,420 1,400 410-05-00 ADR 1,500 2>540 1,400 ·1,1'~0 1,500 1:aao 1,320 1,24~· 1,260 1,300 410-34-00 AgLaw 1,500 1,800 1,500 2,060 1,900 1,840 un~o 1,860 1,800 410-36-00 Appellate Law 750 2,600 800 940 1,560 1,340 1,260 1,1?0 1,300 1,200 410-03-00 Bankruptcy & Insolvency 3,500 3,3f(} 3,400 ~,480 3,580 3,360 3,300 3~180 3,220 3,200 410-18-00 Construction Law 2,000 2,260 2,300 1,500 2,220 2,020 1,980 2;040 2,080 2,100 410-13-00 Corporate, Business & Banking 5,500 5,700 5,600 4,.160 6,640 5,7()() 5,700 5,i40 5,920 5,900 410-32-00 Corporate Counsel 2,000 2,480 2,400 2,700 4,440 3,500 3,400 3,58'6 3,980 3,600 410-24-00 Criminal Law 4,000 4,135 4,000 3;090 5,380 4,760 4,380 4,855 4,740 4,800 410-19-00 Elder Law 2,750 5,620 2,800 2,060 3,120 2,480 2,400 2,520 2,720 2,800 410-07-00 Employment Law 4,500 4,460 4,400 3,780 5,660 4,640 4,560 4;880 5,020 4,900 410-06-00 Family Law 7,000 8,150 8,000 6,645 8,380 7,715 7,500 7,31/JO 7,600 7,600 410-20-00 Government Lawyers 1,750 1,720 1,800 900 1,700 1,300 1,200 1,280 1,380 1,400 410-09-00 Health Law 3,000 2,800 1,980 2,900 2,400 2,340 2,560 2,620 2,700 410-38-00 Immigration Law 500 330 400 520 740 680 660 700 760 740 410-29-00 Indian Law 500 330 400 240 460 220 240 260 380 400 410-21-00 Insurance Law 1,800 1,800 1,600 1.1.60 2,480 1,880 1,860 1,96() 2,060 2,200 410-22-00 Intellectual Property 1,750 1,780 1,800 1,580 2,140 1,760 1,680 1,880 1,940 1,800 410-33-00 Law Practice Management 750 1,150 800 840 - 1,420 1,400 1,180 - - 410-14-00 Litigation Law 8,000 7,760 7,800 6,935 14,420 11,100 10,840 13,060 13,300 14,000 410-11-00 Oil, Gas & Mineral Law 2,000 2,310 2,600 2,840 4,120 3,580 3,520 3,700 3,820 3,800 410-15-00 Real Estate, Probate & Trust 11,000 11,080 11,000 9,820 14,000 13,040 12,680 12,780 12,720 13,000 410-08-00 Solo and Small Firm 2,000 2,215 2,400 1,920 4,320 3,120 3,100 3,415 3,520 3,600 410-16-00 Tax Law 3,500 3,685 3,400 2,740 3,740 3,340 3,220 3,340 3,440 3,400 410-17-00 Young Lawyers Sections 8,000 8,880 8,000 6265 7,000 6,080 5,850 8420 5,700 5,700 Total Income 80,550 84,325 82,900 68,905 104,140 90,095 87,470 94,270 92,760 93,340 00 U1 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Sections FY12 FY12 FY13 .. Fy13. FY14 Fy'14 FY15 Fy1f FY16 FY17 Budget Actual Budget Jf.cttial* · Budget Act{Jal Budget Al)tual Budget I Budget EXI:l&D&& 510-01-00 Administrative Law 500 519 450 500 . 500 ,,~a~: 450 500 510-05-00 ADR 500 450 500 .~0 500 450 500 510-34-00 Ag Law 500 45~ 450 500 262 500 a 450 500 510-36-00 Appellate Law 500 450 . 500 399 500 450 500 510-03-00 Bankruptcy & Insolvency 500 19 450 ~1 500 - 500 .620 450 500 510-18-00 Construction Law 500 19 450 26 500 1 500 450 500 510-13-00 Corporate, Business & Banking 500 119 450 13 500 a 500 450 500 510-32-00 Corporate Counsel 500 7 450 . 500 - 500 80 450 500 510-24-00 Criminal Law 500 162 450 400 500 5 500 60 450 500 510-19-00 Elder Law 500 22 450 12 500 - 500 . 319 450 500 510-07-00 Employment Law 500 3 450 - 500 7 500 450 500 510-06-00 Family Law 500 39 450 . 500 20 500 40 450 500 510-20-00 Government Lawyers 500 461 450 - 500 - 500 450 500 510-09-00 Health Law 500 450 . 500 1 500 90 450 500 510-38-00 Immigration Law 1,000 1,020 450 6 500 - 500 3 450 500 510-29-00 Indian Law 1,000 450 - 500 170 500 450 500 510-21-00 Insurance Law 500 345 450 164 500 107 500 191 450 500 510-22-00 Intellectual Property 500 450 368 500 909 500 641 700 700 510-33-00 Law Practice Management 500 402 450 . 500 536 500 500 510-14-00 Litigation 500 453 450 15 500 2 500 8 450 500 510-11-00 Oil, Gas & Mineral Law 500 450 32 500 21 500 227 450 500 510-15-00 Real Estate, Probate & Trust 500 312 450 15 500 .7 500 337 450 500 510-08-00 Solo and Small Firm 500 332 450 35 500 536 500 508 450 500 510-16-00 Tax Law 500 450 50 500 50 500 50 450 500 510-17-00 Young Lawyers 18,500 15,524 18,500 15,060 18,500 16;706 18,500 13,544 18,600 18,000 510-12-00 500 309 500 206 500 505 500 16 500 Direct Expense 32,000 20,523 29,800 16,453 31,000 20,272 31,000 17,504 29.2oo I 30,200 Overhead% 4.0% 5.0% 6.00% 5.00% 4.50% 3.00% 510-50-00 Overhead 54,600 55176 66,761 69,205 80,913 85,547 73,184 72,685 67,376 46,646 Total Expense 86,600 75,699 96,561 85,658 111,913 105,819 104,184 90,189 96,5761 76,846 Variance (6.050\ 8.626 (13.661) (16.753) (7.773) {15.724) (16.714) 4.081 i3,816)1 16,494 co 0'1 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Communications Services FY12 FY12 FY13 FY13 FY14 FY14. FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget Actual Budget Actual·. Budget Budget lluc.l:!mil 430-09-00 Bar Journal Subscriptions 220 1,800 405 500 1.;845 1,000 1440,.J '"'' ,' 1,500 1,000 430-10-00 Journal Advertising 39,966 40,000 39,091 40,000 54,614 40,000 55,279 50,000 65,000 Web Advertising 5,000 7,500 10,000 10,000 Sponsorships Tech Show - 5;000 .(999) 430-17-00 Reprint Royalties 11021 4,000 12,805 6,000 8,426 5,000 9,698 5,000 10,000 Total Income 45,800 52,301 46,500 69,885 51,000 72;918 66,500 86,000 Expense 530-08-00 Bar Journal Postage 26,410 20,000 16,918 20,000 17,223 17,000 23,835 17,680 18,000 530-09-00 Bar Journal Printing/Production 77,139 70,000 53,746 65,000 55,182 58,000 45,140 58,000 55,000 i 530-11-00 Board of Editors 405 500 173 300 380 500 441 500 500 530-35-00 Compensating Use Taxes 6,406 5,500 4,721 5,850 .4.483 5,800 4,022 5,800 5,800 530-16-00 Economic Survey of Law 11,500 530-10-00 Journal Ad Commissions 4,906 7,500 4,628 6,000 10,311 7,000 9,814 12,000 12,000 530-26-00 Media Services 1,721 1,500 1,951 1,700 1,908 1,700 1,853 1,900 2,500 530-07-00 Opinion Digest 2,900 2,000 1,784 2,000 1,336 2,000 1,288 2,500 2,000 530-12-00 Printing/Postage/Telephone 7,789 1,000 434 550 500 500 Tech Show 5,065 530-04-01 Staff Travel/Education -Communications 9,000 3,000 2,810 2,500 530-24-00 Web Site 1,000 160 2,000 1053 2,000 2,000 Direct Expense 110,000 86,731 102,850 96;482 94,550 87,446 100,880 112,300 Overhead% 9.0% 8.0% 7.0% 7.0% 545-50-00 Overhead 121,370 128,321 117,095 116,384 104,807 108,841 Total Expense 86,731 224,220 224,803 211,645 203,830 205,687 221,141 variance (34,430) (177,720) (154,918) (160,645) (130,912) (139,187 (135,141 00 -.....! Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Overhead FY12 FY12 FY13 FY1.3 FY14 FY14 FY15 FY15 FY16 FY17 Budget Actual Budget Actual Budget ACtual Budget Actual Budget I Budget 1lwmlil Total Income .Exwmu 613-00-00 Audit & Financial Services 13,000 .13,940 13,500 14;867 16,200 •18,55.1 15,500 16,955 15,5oo I 15,000 690-00-00 Bad Debts - 265 205 •" ''; 675-00-00 Building & Grounds Maintenance 25,000 27,163 29,027 29;344 28,268 31,886 30,450 29;788 30,450 31,050 668-00-00 Computer Equip. (uncapitalized) 1,000 5,303 2,000 3,492 6,500 1,475 6,000 1'13 5,000 4,000 699-00-00 Credit Card/Bank Fees 20,000 15,863 23,000 25,487 23,000 34,651 25,000 3r.o~· 30,000 37,500 695-00-00 Depreciation 35,000 30.028 30,000 35,106 32,000 27,292 15,000 15,202 15,000 13,000 655-00-00 Dues & Subscriptions 5,000 3,652 5,000 3,033 4,000 2i843 4,000 3,778 3,000 3,500 620-00-00 Employee Retirement 82,500 66,216 81,419 74,995 67,323 67,126 73,825 72,154 74,468 77,265 615-00-00 Health Benefrts 80,000 66,441 82,368 81,351 67,320 71;889 82,804 79,817 85,000 88,575 698-00-00 Insurance 20,000 16,549 20,000 17,258 23,000 21,645 23,000 21,783 23,000 25,000 617-00-00 Life & Disability Benefits 6,000 2,172 5,500 5,960 5,608 6,064 6,200 6,507 6,324 6,400 630-00-00 Mileage/Auto Lease 3,000 435 1,000 240 1,000 503 500 505 500 500 673-00-00 Off Site Storage 500 150 150 200 200 200 250 285 250 300 666-00-00 Office Equipment (uncapitalized) 1,000 2,696 750 - 2,500 2.474 4,500 1,241 3,000 2,500 633-00-00 Office Machine Mtc. Contract 2,500 1,517 2,500 817 2,000 21114 1,000 (349) 1,200 1,500 635-00-00 Office Supplies 15,000 17,701 13,000 14,501 13,000 1.4.383 14,000 11,269 12,000 10,000 645-00-00 Overpayments - 667 - 2,838 768 255 610-00-00 Payroll Taxes 67,500 49,938 70,059 69,791 79,684 71,433 88,593 81,731 90,960 83,643 660-00-00 Postage & Printing 7,000 7,375 8,000 8,452 8,000 7,340 8,200 5,351 8,200 5,000 606-00-00 Professional Services 12,000 19,846 20,400 33,123 25,680 25,605 25,680 28,401 29,119 29,179 685-00-00 Rent 72,000 60,500 72,600 72,600 72,600 ··72,600 72,600 72,600 72,600 72,600 685-01-00 Building Improvement Fund - 5,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 650-00-00 Shipping Expense 1,000 1,669 1,750 2,106 2,000 1;653 2,000 1;4.13 2,000 1,500 612-00-00 Software Upgrades, Expense 15,000 15,093 10,000 16,373 10,000 9,451 10,000 8,863 12,400 15,800 607-00-00 Staff Expenses 7,000 9,994 6,000 6,340 5,000 7,115 3,000 6,339 3,000 5,000 622-00-00 Staff Recruitment 1,000 6,554 1,000 3,715 2,000 2,392 2,000 2,452 2.000 2,000 605-00-00 Staff Salaries I 820,000 605,129 778,438 802,006 796,844 858,097 885,929 881,512 909,604 939,810 Student wages 17,250 696-00-00 Staff Training 1,000 915 315 10 375 680-00-00 Taxes 14,000 11,837 14,000 16,812 17,000 18,480 18,000 25,245 19,000 22,000 640-00-00 Telecomm 10,000 8,165 10,308 10,580 6,564 11,738 10,164 9,377 8,124 10,000 670-00-00 Utilities 22,000 21,460 27,456 25,223 25,260 28,801 29,494 27138 29,485 29,000 Total Overhead 1,359,000 1,094,233 1,335,225 1,383,130 1,348,551 1,424,579 1,463,689 1,453,803 1,497,244 1,554,873 00 00 Kansas Bar Association - Confidential 11/21/16 FY 2017 KBA Budget Overhead Overhead Allocation FY12 FY12 FY13 FY13 FY14 FY14 FY15 FY15 FY16 FY16 FY17 FY17 Administration 21.0% 285,390 22.0% 293,750 22.00% 296,681 19.00% 278,101 23.00% 344,366 24.00% 373,169 Annual Meeting 8.0% 108,720 8.0% 106,818 6.00% 80,913 6.50% 95,140 5.00% 74,862 6.00% 93,292 Bookstore 7.0% 95,130 4.0% 53,409 6.00% 80,913 5.00% 73,184 4.00% 59,890 4.00% 62,195 CLE 19.0% 258,210 19.0% 253,693 20.00% 269,710 18.00% 263,464 17.00% 254,531 17.00% 264,328 LOMAP - 2.00% 26,971 3.00% 43,911 2.50% 37,431 2.00% 31,097 IOLTA 2.0% 27,180 3.0% 40,057 2.00% 26,971 2.00% 29,274 2.50% 37,431 2.00% 31,097 KBF Mgt. Services 4.0% 54,360 4.0% 53,409 4.00% 53,942 3.50% 51,229 3.00% 44,917 3.50% 54,421 Legislative 6.0% 81,540 6.0% 80,114 6.00% 80,913 6.00% 87,821 6.00% 89,835 5.50% 85,518 Member Services 26.0% 353,340 23.0% 307,102 11.00% 148,341 12.00% 175,643 16.00% 239,559 17.50% 272,103 Communications Services - 9.00% 121,370 8.00% 117,095 7.00% 104,807 7.00% 108,841 Public Service 6.0% 81,540 6.0% 80,114 3.00% 40,457 4.00% 58,548 3.00% 44,917 3.00% 46,646 LRS - 3.00% 40,457 8.00% 117,095 6.50% 97,321 5.50% 85,518 Sections 1.0% 13,590 5.0% 66,761 6.00% 80,913 5.00% 73,184 4.50% 67,376 3.00% 46,646 100.00% 1,359,000 100.00% 1,335,225 100% 1,348,551 100.0% 1,463,689 100.0% 1,497,244 100.00% 1,554,873 00 ~ Kansas Bar Association - Confidential 11/21/16 I KBA MEMBERSHIP ------, \ f I I I I I I I KBA Board of Governors KBF Board of Trustees I I I \ I '------~ Executive Director Governance and J. Yochim .- Board Services .- Legislative Services C. Maxim J. Molina Lawyer Referral Public Services --- Services A. Woods* " D. Taylor* J. Evans P. Byers Student Interns Administration and ' ..) Finance Services Facilities/Operations K. Waugh* .- Services ---., K. Johnson J. Metzger \.. .) , ... - D. Mead, Assoc. Exec. Director ------~, I ' \ I Legal Education Sections and Publishing Member and Services LOMAP Services Services Communications Services L. Daugharthy* Vacant A. Kohlman M. Wickham* R. Purcell D. Phoenix A. Seelbach P. VanSlyke I Vacant T. Tannehill I \ I ' ... '------'*Denotes service director/manager 1.0 0 Kansas Bar Association Proposed Policy on Election Campaigns for Board and Officer/Delegate Positions Candidates for Kansas Bar Association Board of Governor and Officer or Delegate positions may write a campaign statement to the KBA membership. The campaign statement, which should include biographical information, may be up to be one page in length, single-spaced (approximately 500 words). Once submitted to the KBA, and upon review and approval against social media policies, the statement will be posted on the KBA website. The KBA will make the membership in each district with an open BOG position, and statewide for officer positions, aware of the campaign statements of each candidate in advance of and during the election. Candidates should also provide a brief statement (100 words or less) to be used on the ballot itself to inform voting members. Campaign statements may also be printed in the KBA Journal in advance of the elections as space and time permit. Upon request, candidates may receive mailing lists (in print or electronic format) of voting members of the KBA within the district for BOG races, or statewide for officer/delegate races. With advanced approval from the KBA Executive Director, and clear written notification that the KBA is not endorsing the candidate, candidates may distribute their own campaign statements or excerpts therefrom at bar meetings or CLE programs, or through print media. The KBA does not provide members' email addresses to candidates for a KBA governorship or office, or for judicial or political races. 91 2017 KBA Annual Meeting Credit pending in Kansas and Missouri. 4.0 CLE credit hours, including 1.0 or 2.0 E&P credit hour(s) WEDNESDAY, JUNE 7, 2017 TIME PROGRAM PRESENTER/MISC DETAILS LOCATION 9 am-10 pm KBA Staff Office 10 am-5 pm KBA Golf Tournament Manhattan Country Club Time TBD Pre-Con with hotel staff Hilton Garden Inn 1-5 pm Registration & Exhibitor set 15-20 expected exhibitors Manhattan Conference Ctr up 6 pm Buses take to KBF dinner Hilton Garden Inn to KSU Alumni Center 6:30pm Cocktail reception KSU Alumni Center 7:15pm Foundation Dinner Open to all KSU Alumni Center 8:30pm Buses pick up from KBF KSU Alumni Center to dinner Hilton Garden Inn 9-11 pm "Fire & Ice" Drinks & Open to all Flint Hills Discovery Center Dessert Reception NOTES: Consider sending a special invitation to KBA Past Presidents to attend Annual Meeting Held a Planning Committee conference call on 11/3/16 with good progress made. Current staff sponsorships attained - $8,250 in cash and products; Planning Committee has been sent all current and past sponsorship info. CLE Topics: • U.S. Supreme Court Case Review- Toby Crouse & Prof. Steve McAllister agreed to speak. • Mindfulness - Potential panelists are Anne McDonald & two others; Seeking ethics and professionalism credit. • Federal Judicial Panel - Hon. Dale Somers is assembling the panel. • Implicit Bias Panel - Will apply for ethics & professionalism credit for this. KBA Diversity Cmte will help secure speakers. CLE Commission stressed definite emphasis on the professionalism portion of credit. ABA materials available online. Will reach out to Robert Furnier, Chairman of the ABA LPD's Diversity Committee and invite him to be a moderator or panelists. Mr. Furnier is a founding member of Furnier Muzzo Group in Cincinnati, Ohio. • Data Breaches- Danielle Hall, KBA staff attorney, and Jay Hall, CBW Bank, both of Topeka will co-present for ethics & professionalism credit. Other topics generated on 11/3/16 Planning Committee call: • Succession Planning- Tim Skarda, Overland Park possible speaker. • Family Owned Business- Rick LeJuerrne, attorney, Washburn University School of Business & Scott Taddiken, attorney, Scott E Taddiken PA, Topeka • State of the Judiciary - Will brainstorm avenues to get detailed information from the Chief Justice. • Prelaw Rural Legal Initiatives - Not for CLE credit. Great round table discussion topic for future KBA member initiatives along with KSU & Washburn Law staff. Keynote Speakers: The Committee is considering keynote options ond will decide by the first of the year. 92 THURSDAY, JUNE 8, 2017 TIME PROGRAM PRESENTER/MISC DETAILS LOCATION All Day KBA Staff Office 6:30 om Registration Opens Manhattan Conference Ctr 7om Exhibitor Halls Opens Manhattan Conference Ctr 7:30-8:30 om Law School Breakfasts Manhattan Conference Ctr 8:45-9 om General Session KBA President Steve Six Manhattan Conference Ctr Welcome & lntrodudion of Manhattan Mayor Usho Reddi Key~ote Keynote speaker TBD 9-10 am Keynote Address No ClE credit Manhattan Conference Ctr 10-10:30 am Flint Hills Flair Manhattan Conference Ctr Morning Break 10:30-11 :20 om CLE Session 1 General credit Manhattan Conference Ctr 1 1 :30 am- 1 pm Awards & Installation Awards Cmte Choir Sora Manhattan Conference Ctr Luncheon Beezley & KBA President Steve Six will emcee 1:30-2:20 pm CLE Session 1 General credit Manhattan Conference Ctr CLE Session 2 General credit Alternative Round Table No ClE credit Talk 2:30-3:20 pm CLE Session 1 General credit Manhattan Conference·Ctr CLE Session 2 General credit or E&P Alternative Yoga Session No ClE credit 3:30-4:00 pm Say When ••• Corkscrews & Featuring beers from the Manhattan Conference Ctr Brews Afternoon Break Tollgross Tophouse 4:10-5 pm CLE Session 1 Ethics & Professionalism Manhattan Conference Ctr CLE Session 2 Ethics & Professionalism 5 pm AHendees pick up affidavits Manhattan Conference Ctr Registration closes 5-8 pm AHendees on their own with Downtown or City Center optional Dine Around area selections 9 pm-Midnight Pub Crawl Manhattan CVB organizing the Aggieville Buses starting and ending at event. hotel FRIDAY, JUNE 9, 2017 TIME PROGRAM PRESENTER/MISC DETAILS LOCATION AllDay KBA Staff Office All Day AHendees are on their own KBA will provide a variety of to take in local aHradions or activity links and info from the return home. Manhattan CVB 9:30 om-Noon BOG Meeting Manhattan Conference Ctr Noon-1 pm Joint board luncheon Manhattan Conference Ctr 1:30-3:30 pm BOT Meeting & KBF Annual Manhattan Conference Ctr Meeting 93 Dates and Locations of Upcoming Judicial Conferences June 7-9, 2017 Capitol Plaza Hotel, Topeka Golf Tournament, June 7 afternoon Mandatory Conference, June 8-9 June 6-8, 2018 Marriott, Overland Park Dates and Locations of Upcoming KBA Annual Meetings June 7-9, 2017 Hilton Garden Inn & Manhattan Conference Center, Manhattan Contracted and Confirmed June 2018 in Overland Park Contacted the following and per Executive Director's request to bring these options before the Board for approval: 1. Hilton Garden lnn/Reardon Center, Kansas City, KS- Suggested by the Kansas City, KS CVB. Starting Oct. 4, I've left voice msgs, sent emails, had phone conversations with no follow up response from venue on RFP. 2. Double Tree, Overland Park- Available June 13-15, 2018- Asked sales manager to hold these dates. This is staffs preferred location as we've contracted there in the past. Full renovation completed. 3. Hyatt Place Kansas City/Lenexa City Center- Available the first three weeks in June of 2018. I have concerns with hotel turnaround times along with lack of tables in sessions prior to Awards Luncheon. The sales director offered theater seating in those sessions as the alternative, but the CLE Commission requires writing surfaces for accreditation. Asked the sales director to pencil us in until further Board direction. June 19-21, 2019 Capitol Plaza Hotel & Maner Conference Center, Topeka Contracted and Confirmed June 10-12,2020 Hyatt Regency, Wichita Contracted and Confirmed 94 To: KBA Board of Governors From: Dennis Taylor Director, Lawyer Referral Service Through: Jordan Yochim KBA Executive Director Date: December 9, 2016 re: Lawyer Referral Service update This LRS Update Report consists of a summary of the following: 1. Performance metrics for the Lawyer Referral Service from 1-1-2015 through 12-31-2015. 2. Performance metrics for the Lawyer Referral Service through November of 2015 and 2016. 3. Special actions of the Lawyer Referral Service since the last Board of Governors meeting. 2015 Annual 4th g,tr 2015 4th g,tr 2016 '16 v. '15 (thru 11-30-15) (thru 11-30-16} Call Volume: #of incoming calls: 10,141 9,142 8,605 (537-6%) # of outgoing calls: 13,698 12,439 10,485 (1,954-14%) Referrals: # of Referrals Accepted by Attorneys: 1,675 1,587 995 (492-31%) LRS 2015 Revenue: Ask-A-Lawyer $ 22,179.00 $20,010.00 $ 29,775.00 +48% Member Enrollment $ 11,250.00 $11,250.00 $ 15,950.00 +42% 10% Referral Fees s 68,883.08 S56,027.06 s 65,088.71 +16% Total Revenue $102,312.00 $87,287.06 $110,813.71 +26% Ask-A-Lawyer ($2 per minute) #of Telephone Consultations: 511 483 597 +114 +23% # of Johnson County Consultations 116 100 90 (10) (10%) #of Law Center Consultations: 5 -0- 32 + 32+3200% Total: 632 583 719 +136 +23% Call-A-Lawyer (Pro Bono) June 2015-December 2015: #of Calls: 303 January 2016-November 2016: # of Calls: 968 (Incl. Feb., May, July, November on WIBW-TV, Topeka) Current Staffing: Effective December 1, 2016, one of our part-time Washburn Law students, Hyemin Byun, has resigned to complete her finals and study for the February 2017 Kansas Bar exam. Effective January 1, 2017, Director Dennis Taylor will move to part-time status working 30% time. Jeremy Butler, Washburn Law School 2L and La uri Hume, Washburn Law School 2L continue as part-time staff, supervised by Pat Byers, LRS Operations Manager. Our Ask-A-Lawyer program includes Dennis Taylor, Emeritus Attorney Tim Owens at the Johnson County District Court Help Center, and Topeka attorney Jim Chappas. 95 ALPHA M. BRADY AMERICAN BAR ASSOCIATION 321 North Clark Street Senior Associate Executive Chicago, Illinois 60654-7598 Director Chief Governance (312) 988-5155 Officer FAX: (312) 988-5153 [email protected] MEMORANDUM TO: Section and Committee Chairs Presidents and Executive Directors of State and Local Bar Associations House of Delegates ABA Senior Managers, Directors and Staff Liaisons FROM: Alpha M. Brady SUBJECT: Summary of Action of the November 11-12, 2016, Board of Governors Meeting DATE: November 18, 2016 Attached is the Summary of Action of the November 11-12, 2016, meeting of the Board of Governors held at the Georgia State University College of Law in Atlanta, Georgia. This Summary does not constitute official Minutes of the meeting. Minutes of the meeting will be presented to the Board for approval at its next meeting in February, 2017. If you have any questions with respect to the action taken, please do not hesitate to contact me. cc: Board of Governors 96 BOARD OF GOVERNORS SUMMARY OF ACTION Georgia State University College of Law Atlanta, Georgia November 11-12,2016 1. REPORTS OF OFFICERS AND THE EXECUTIVE DIRECTOR The Board received the reports of the President, President-Elect, Chair of the House of Delegates, Immediate Past President, Secretary, Treasurer and Executive Director. The minutes of the Board's August 5 and September 30, 2016 meeting and conference call were approved. The minutes of the Executive Committee's meetings and/or conference calls on July 15 and 19, August 3 and 23, September 26, and October 12, 2016 were received. The Board received the Report of the Secretary on the Exercise of Blanket Authority and adopted a Memorial Resolution for Former ABA Secretary Gibson Gayle, Jr. The Board, sitting as members of the Board of the American Bar Association Fund for Justice and Education ("ABNFJE"): a) approved the minutes of the August 5, 2016 meeting of the ABNFJE Board as presented; and b) accepted the ABA/FJE restricted grants and contributions received or awarded through September 30, 2016, and not previously reported, as requested by the Association's Financial Services Division. In addition, the Board, sitting as members of the National Judicial College Board of Trustees ("NJC") re-elected Toni E. Clark of Marlboro, Maryland; Kim D. Hogrefe of Warren, New Jersey; and Wm. T. Robinson Ill of Florence, Kentucky, each for a second three-year term on the NJC Board of Trustees, effective June 2016. MATTERS FOR DIRECT BOARD ACTION 2.1 Recap of Planning Session The Board discussed the planning sessions conducted the previous day. 2.2 Executive Session The Board met in executive session to discuss and took certain actions regarding the American Bar Endowment, the Public Service Loan Forgiveness Program, and the New York Times article on Donald Trump. 2.3 Reports from Committee Chairs The Board received reports regarding the work of the Board Committees from Ruthe Ashley, Chair of Public Service and Diversity; Pamela A. Bresnahan, Chair of Improving the Profession; G. Nicholas Casey, Jr., Chair of Finance and Internal Operations; and Alan Van Etten, Chair of Member Services. Summary of Action November 11-12, 2016, Board of Governors Meeting Page2 97 2.4 Discussion Regarding Section Officers Conference Fall Meeting The Board received a report from Orlando Lucero regarding the 2016 Fall meeting of the Section Officers Conference. 2.5 Consent Calendar The Board adopted the Consent Calendar (with the exception of 3.6, 6.4, and 6.5) as presented by the Secretary. Action on all items contained on the Consent Calendar is set forth in items 3 through 6 of this Summary of Action relating to the reports of the Board Committees. 2.6 Report from Board Governance Committee The Board received a report from Mary T. Torres, Chair, Board Governance Committee, regarding the work of the Board Governance Committee. OTHER MEETING 2.20 ABA CEELI, Inc. The Board, sitting as members of ABA CEELI, Inc. ("Corporation") re-elected Paulette Brown and Mary T. Torres and elected Linda A. Klein as members of the Board of Directors of the Corporation. WRITTEN INFORMATIONAL REPORTS 2.25 ABA Journal Board of Editors Report of Proceedings The Board received a written report regarding the meeting of the Board of Editors of the ABA Journal, held in Chicago, Illinois on September 19-21, 2016. 2.26 Update from Task Force on Building Public Trust in the American Justice System The Board received a written report regarding the work of the Task Force on Building Public Trust in the American Justice System. MEMBER SERVICES A. MATTERS FOR REVIEW BY THE BOARD 3.1 Requests for Bylaw Amendments The Board approved the requests to amend bylaws from the following entities: a. Law Student Division b. Tort Trial and Insurance Practice Section c. Young Lawyers Division Summary of Action November 11-12, 2016, Board of Governors Meeting Page3 98 3.2 Requests to Charge Fees at 2017 Midyear Meeting a. The Board approved the request of the Government and Public Sector Lawyers Division to charge no more than $50.00 each for up to four CLE programs. b. The Board approved the requests of the Section of State and Local Government Law to charge $40 for three CLE programs during the ABA 2017 Midyear Meeting; to charge a registration fee of $300 to attend the Land Use Institute program on February 1-2, 2017; and to co-sponsor a reception with multiple diversity or minority bar associations or groups and with local law schools. c. The Board approved the request of the Commission on Disability Rights to charge a fee of no more than $50.00 for the CLE program "Representing Clients with Diminished Capacity." 3.3 Request from President Linda A. Klein to Amend Jurisdictional Statement for Task Force on Building Public Trust in the American Justice System and to Seek Outside Funding The Board approved the request of President Klein for an amendment to the jurisdictional statement for the Task Force on Building Public Trust in the American Justice System ("Task Force") to allow for one additional member to serve and to seek outside funding. The Board also approved the request to change the jurisdictional statement so the mission of the Task Force will be: "To strengthen the rule of law by collaborating with other organizations, including bar associations, to increase the public's trust in the justice system." 3.4 Requests to Enter Into Memoranda of Understanding a. The Board approved the request of the Health Law Section to enter into a Memorandum of Understanding ("MOU") with the Health Information Management Systems Society, subject to review and approval of the MOU by the ABA Office of General Counsel and a signed copy provided to the Policy and Planning Division. b. The Board approved the request of the Judicial Division - Appellate Judges Conference for an amendment to the 2003 Memorandum of Understanding ("MOU") between the ABA and the Appellate Judges Educational Institute to remove the Southern Methodist University Dedman School of Law representatives and replace them with the representatives of Duke University School of Law on its Board of Directors, subject to the execution of a MOU between The Appellate Judges Education Institute and Duke University School of Law. In addition, upon execution of the amended MOU between the Conference and Duke University School of Law and the MOU between the ABA and the Conference, the Board approved the request to amend the Conference's bylaws to reflect that the Dean of Duke University School of Law shall hold office as a director during the term of the deanship. Summary of Action November 11-12, 2016, Board of Governors Meeting Page4 99 3.5 Request from Standing Committee on Meetings and Travel Regarding ABA 2018 Paris Sessions The Board approved the request of the Standing Committee on Meetings and Travel for a meeting to be held on June 7-10, 2018, in Paris, with the understanding that the meeting will be a stand alone, self-funded meeting. The Board also approved the request to create a Paris Planning Committee to be appointed by the ABA President-Elect. 3.6 Request to Approve General Operations Funded Meetings The Board concurred in the recommendation of the Member Services Committee to defer action on the request of the ABA Treasurer and the Executive Committee to set business rules for meetings of 100% General Operations funded entities. 3.7 Request from Fund for Justice and Education to Restructure Voluntary Dues Contribution on ABA Membership Renewal Statement The Board approved the request of the Fund for Justice and Education ("FJE") for multiple giving options to the FJE Annual Fund during the membership renewal process to go into effect during the 2017-2018 membership cycle, if the ABA's dues payment processing capability can accommodate these options. 3.8 Request from Standing Committee on Membership for 2017 Dues Pilots The Board approved the request of the Standing Committee on Membership for the Full Firm Section Membership Program and the State Bar of Montana dues pilot programs. PUBLIC SERVICE AND DIVERSITY A. MATTERS FOR REVIEW BY THE BOARD 4.1 Awards a. The Board approved the request of the Section of Dispute Resolution to conduct an annual Cyberweek Ethical Dilemma Competition for all students (not just law students) age 18 or older. b. The Board approved the request of the Criminal Justice Section to create a scholarship to assist attorneys of diverse backgrounds in attending the National Institute on White Collar Crime. All costs associated with this scholarship will be derived from Section funds. The Board did not approve the naming of the scholarship after a living individual. c. The Board approved the request of the Public Contract Law to amend the Marilyn Neforas Scholarship ("Scholarship") from awarding a "single Section program or event scholarship" and provided that "no individual should receive more than one such scholarship" to the following: "Scholarships may be awarded at such times and in such amounts as the Marilyn Neforas Scholarship funds permit and may include funding for up to four Section meetings per year and may include: waiver of the meeting registration fees; complimentary tickets to meeting networking Summary of Action November 11-12, 2016, Board of Governors Meeting Page 5 100 events, and/or funding of reasonable travel-related costs, up to but not exceeding $4,000 per year." d. The Board approved the request of the Forum on Construction Law to create the following four scholarships for 2016, 2017, and 2018: a) Diversity Scholarship; b) Division 13 (Government Construction) Scholarship; c) Diversity Fellowship; and d) In-House Fellowship. 4.2 Requests from Rule of Law Initiative a. Memoranda of Understanding The Board approved the request of ABA Rule of Law Initiative ("ROLl") to enter into five Memoranda of Understanding, subject to review and approval of the Memoranda of Understanding by the ABA Office of General Council and signed copies provided to the Policy and Planning Division: a) Ministry of Internal Affairs of the Republic of Tajikistan b) United Nations High Commissioner for Refugees in Tajikistan c) Ministry of Local Government in Libya d) Ministry of Justice of Guinea e) InterAction Democracy, Rights, and Governance Initiative b. Update List of Approved Countries of Operation. Donors and Thematic Program Areas The Board approved the request of ROLl for an updated list of Approved Countries of Operation, Donors, and Thematic Program Areas, and specifically to request approval of Arizona State University and Armenia Fund as new donors. c. Request to Participate in Armenia's Fund Telethon The Board approved the request of ROLl to participate in Armenia Fund's annual Thanksgiving telethon on November 24, 2016. 4.3 Request from Coalition on Racial and Ethnic Justice to Co-sponsor "Digital Justice Initiative: Co-Creating Connections Among Police and Community" and to Seek Outside Funding The Board approved the request of the Coalition on Racial and Ethnic Justice, on behalf of its newly created Digital Justice Initiative, to seek outside funds and to solicit outside organizations to co-sponsor the public dialogue meetings and hackathon programs in Miami, St. Louis, San Francisco, and New York City in 2016-2017 to address substantive issues, and identify solutions regarding the conflict between communities of color and law enforcement. Summary of Action November 11-12, 2016, Board of Governors Meeting Page6 101 IMPROVING THE PROFESSION A. MATTERS FOR REVIEW BY THE BOARD 5.1 Nominations to National Judicial College The Board elected Edward R. Blumberg of Miami, Florida, to serve as the ABA representative on the National Judicial College Board of Trustees for the term beginning immediately and expiring in July 2018. 5.2 Request to Approve Program Support Fund for Center for Innovation The Board approved the request of the Fund for Justice and Education to create a program support fund for the Center for Innovation. 5.3 Request to Approve Strategic Planning Policy The Board adopted the following strategic planning policy: "The Board of Governors urges all entities within the American Bar Association to engage in strategic planning, produce written planning documents, adopt a multi-year strategic plan, regularly review progress achieved toward the goals and objectives of the plan, and revise the plan as circumstances warrant." MATTERS OF INDEPENDENT JURISDICTION 5.15 Requests for Co-sponsorships The Improving the Profession Committee approved co-sponsorship requests from the following entities with certain conditions, with no additional ABA general revenue requested or required, except for 5.15f. a. Standing Committee on Gun Violence: to co-sponsor a program on gun violence in collaboration with the American Medical Association in the spring of 2017 at a Chicago venue. b. Standing Committee on Public Education: to co-sponsor with Civic Nation and others the Action Civics Initiative. c. Young Lawyers Division (3 requests): (i) to co-sponsor by partnering with the Law School Admission Council, Inc., the program What Do Lawyers Do? (ii) to co-sponsor with BuzzFeed, Inc. for 2016-17 in connection with the YLD Public Service Project, subject to review and approval of agreement by the ABA Office of General Council. Summary of Action November 11-12, 2016, Board of Governors Meeting Page 7 102 (iii) to co-sponsor with the National Bar Association YLD for 2016-17 to create and promote a Young Lawyer Social Justice Toolkit. d. Judicial Division (3 requests): (i) to co-sponsor a reception with the Tennessee Bar Association and the Tennessee Lawyers' Association for Women on Thursday, March 30, 2017. (ii) to co-sponsor a project with the Brennan Center to create a manual which focuses on best practices to achieve the diverse selection of Article I judges. (iii) to co-sponsor a reception between the Lawyers Conference, the National Conference of Specialized Court Judges, The Tribal Courts Council, and the law firm of Carlton Fields at the ABA 2017 Midyear Meeting. e. National Conference of Federal Trial Judges: to co-sponsor a reception with the New Orleans Federal Bar Association and the New Orleans Bar Association, in New Orleans, Louisiana, on October 16, 2017. f. The Board deferred action on the request from the Commission on Hispanic Legal Rights and Responsibilities to co-sponsor with external entities in the implementation of Resolution 110 which urges federal, state, local and territorial law-enforcement authorities to provide a culturally, substantively and accurate translation of the Miranda warning in Spanish. g. Section of Environment, Energy, and Resources (2 requests): (i) to co-sponsor and make financial contributions from Section funds of up to $6,000 in 2017 and 2019 for the Rocky Mountain Mineral Law Foundation's Natural Resources Law Teachers Institute. (ii) to co-sponsor with specific non-ABA entities for non-CLE Section programs that may be held in the 2016-2017 and 2017-2018 association years. h. ABA Rule of Law Initiative (2 requests}: (i) to co-sponsor with California Western School of Law the "Mexico Mock Trial Competition" in the summer of 2017. (ii) to co-sponsor with Dar AI Riyadh, an MTA Holdings subsidiary in the Kingdom of Saudi Arabia, training programs on a range of rule of law topics for Saudi government ministry officials and legal professionals. i. Solo, Small Firm and General Practice Division: to collaborate with the American Medical Association to establish a Physician Contract Review Program, subject to review and approval by the ABA General Counsel. Summary of Action November 11-12,2016, Board of Governors Meeting Page 8 103 j. Commission on Disability Rights: to co-sponsor with the Florida Bar CLE Committee and the Labor and Employment Law Section an annual, two-day Advanced Labor Topics Seminar in the spring of 2017. k. President-Elect Hilarie Bass: to seek outside funding and to co-sponsor with the Commission on Homelessness and Poverty, Section of Litigation Children's Rights Litigation Committee, the Center on Children and the Law, and the Commission on Youth at Risk a two-day international summit in Brazil on the legal needs of street youth in collaboration with Baker & McKenzie, Consortium for Street Children, Canadian Observatory on Homelessness, Covenant House lnternationai/Casa Alianza, European Federation of National Organisations, and National Network for Youth. FINANCE AND INTERNAL OPERATIONS A. MATTERS FOR REVIEW BY THE BOARD 6.1 Request from Section of Taxation to Contribute Funds to American Tax Policy Institute The Board approved the request of the Section of Taxation to contribute $50,000, from Section funds not derived from member dues, to the American Tax Policy Institute. 6.2 Request from Rule of Law Initiative to Contribute Funds to Washington Foreign Law Society Gala The Board approved the request of the ABA Rule of Law Initiative ("ROLl") to purchase a table for $2,500, from funds derived from the ROLl General Operating Fund, for the Washington Foreign Law Society Gala to be held on November 15, 2016, in Washington D.C. 6.3 Request to Revise Outside Counsel Retention Guidelines The Board approved the request of the ABA Office of General Counsel for a revision to the outside counsel retention guidelines so that Board approval is not required for payment of outside counsel invoices. The Finance and Internal Operations Board Committee ("Committee") would be consulted for matters entailing significant legal, financial or reputational risk and which the Committee would be most concerned about from a strategic, oversight perspective. 6.4 Request to Approve Financial At Risk Policy- Sections This item was deferred by the Finance and Internal Operations Committee. 6.5 Investment Subcommittee Recommendation on 5.5% General Operations Funding Policy The Board deferred the request of the Finance and Internal Operations Committee regarding the level of General Operations funding. Summary of Action November 11-12, 2016, Board of Governors Meeting Page 9 104 6.6 Request to Approve Amendment to Pension Plan The Board approved the request of the ABA and the A-E-F-C Pension Plan Administration Committee for an amendment to the A-E-F-C Pension Plan ("Plan") to allow the Committee discretion regarding the recoupment of overpayments in accordance with a change in the law in 2015. 6. 7 Loan Forgiveness Program In executive session, the Board approved the request regarding the Public Service Loan Forgiveness Program. Summary of Action November 11-12, 2016, Board of Governors Meeting Page 10 105 Call On Us DIVISION FOR 321 N C.ark Street • 16 ·Floor • Chicago, IL 60654 SERVICES Ca:;: (312) 982-5343 • Fax (31 T 988-5492 ~-~m:i! barser\ncesl'!Ja"Te MEMORANDUM TO: Participants in the 2016 Southern Conference of Bar Presidents FROM: Roseanne Lucianek DATE: October 6, 2016 RE: Profiles Attached are profiles for 20 of the 21 the state bars that are members of the Southern Conference of Bar Presidents. This data was provided by each bar association listed. Additional information about state bar dues and member benefits is available in the annual State and Local Bar Benchmarks Survey, to be published this fall. Bar Name Membership Budget Staff Alabama State Bar 17,900 $6.7M 46 Arkansas Bar Association 5,600 $2.0M 10 The Florida Bar 90,120 $54. 0M 330 State Bar of Georgia 48,488 $13.5M 86 Kansas Bar Association 7,200 $2.1M 19 Kentucky Bar Association 18,447 $7.4M 45 louisiana State Bar Association 22,309 $6.9M 41 Maryland State Bar Association 24,300 $5.6M 30 The Missouri Bar 30,607 $12.0M 48 The Mississippi Bar 11,176 $3.7M 20 North Carolina Bar Association 20,043 $10.4M 61 North Carolina State Bar 27,887 $9.2M 87 Oklahoma Bar Association 17,486 $6.4M 44 South Carolina Bar 15,813 $7.3M 48 Tennessee Bar Association 13,000 $5.7M 22 State Bar of Texas 99,634 $41.3M 255 Virginia Bar Association 5,500 $1.6M 8 Virginia State Bar 31,803 $14.9M 100 Virgin Islands Bar Association 958 $0.3M 1 West Virginia Bar Association 857 $0.2M 2 West Virginia State Bar 6,889 $2.9M 18 TOTALS 516,017 $214.1M 1321 106 2016 Southern Conference of Bar Presidents IIIII ~MUtiC\'\ 1\1!0~ DPf<•mling Wwrty- Justk~~ BARSERVICES Highest Total Market Board Board Board Bar I Executive Director Members Budget . License Cost to Staff Sections Committees Share . • Members Meetings Term Fee/Dues Practice Alabama State Bar 17,900 100% $6.7M $325 $350 46 74 ?Near 3 years 31 25 Keith Norman, ED Arkansas Bar Association 5,600 82% $2.0M $275 $200 10 38 3/Year 3 years 31 33 Karen Hutchins, ED The Florida Bar 90,120 100% $54.0M $265 $265 330 52 2 years 21 72 Jack Harkness, ED 6Near State Bar of Georgia 48,488 100% $13.5M $173 $248 86 152 2 years Jeff Davis, ED 4Near 48 25 Kansas Bar Association 7,200 51% $2.1M $265 $175 19 30 5/Year 3 years 26 Jordan Yochim, ED 31 Kentucky Bar Association 18,447 100% $7.4M $310 $310 John Meyers, ED 45 19 ?Near 2 years 27 14 Louisiana State Bar Association 22,309 100% $6.9M $200 $435 41 23 6Near 3 years 31 18 Loretta Larsen, ED Maryland State Bar Association 24,300 64% $5.6M $150 $150 30 45 10/Year 2 years 30 35 Paul Carlin, ED The Missouri Bar 30,607 100% $12.0M $410 $410 48 45 5/Year 2 years 2 48 Sebrina Barrett, ED The Mississippi Bar 11 '176 100% $3.7M $335 $335 20 36 4Near 3 years 16 15 Larry Houchins, ED North Carolina Bar Association/Foundation 20,043 70% $10.4M $290 $367 61 32 4Near 3 years 31 40 Allan Head, ED North Carolina State Bar 27,887 100% $9.2M $300 $367 87 68 4/Year 3 years 0 7 Thomas Lunsford, ED 1-1 0 1 of2 -...,J 2016 Southern Conference of Bar Presidents \4t~it''*l'\. IilLItl\f.L\'/i.(X'f\HO!\ - !II"' Dt!femlin)\ lilwrly l ,!'·' •,· Pursuing Ju~tkt' BAR SERVICES Highest Total Market Board Board Board Bar I Executive Director Members ; Budget License Cost to Staff Sections Committees Share . Members : Meetings Term Fee(Dues Practice Oklahoma Bar Association 17,486 100% $6.4M $275 $275 44 17 12/Year 3 years 25 30 John Williams, ED South Carolina Bar 15,813 100% $7.3M $260 $410 48 19 10/Year Variable 18 33 Robert Wells, ED Tennessee Bar Association 13,000 72% $5.7M $295 $565 22 27 4/Year Variable 32 14 Allan Ramsaur, ED State Bar of Texas 99,634 100% $41.3M $235 $300 255 46 4/Year 3 years 47 33 Michelle Hunter, ED Virginia Bar Association 5,500 19% $1.6M $250 $275 8 21 4/Year 3 years 19 8 Yvonne McGhee, ED Virginia State Bar 31,803 100% $14.9M $250 $275 100 81 3/Year 3 years 20 4 Karen Gould, ED Virgin Islands Bar Association 958 100% $0.3M $300 $350 1 10 12/Year 1 year 0 7 Julia Baldini, ED . West Virginia Bar Association* 857 18% $0.2M $285 $250 2 11 0/Year Variable 0 0 Pryce Haynes, ED West Virginia State Bar 6,889 100% $2.9M $250 $250 18 25 4/Year 3 years 0 21 Anita Casey, ED American Bar Association 402,611 23% $99.7M $457 932 38 4/Year 3 years 35 36 Jack Rives, ED - 1-1 2 of2 0 *West Virginia Bar Association data from 2014 CX> September 1, 2016 VIA U.S. MAIL & EMAIL Board of Governors, Kansas Bar Association c/o Danielle M. Hall, Esq. Law Practice Services Director, Kansas Bar Association 1200 SW Harrison St. Topeka, KS 66612 [email protected] Re: Request to form Law & Religions Section of the Kansas Bar Association Dear Board of Governors of the Kansas Bar Association, Each undersigned attorney1 is an active member of the Kansas Bar Association ("KBA"). We request that the Board of Governors consider our request to form a Law & Religion Section. Why form the Section? The intersection of law and religion is a very important subject on which many people have strong and differing views. There is a need to create a forum where lawyers of different viewpoints may discuss these issues in a civil and respectful environment. What areas would the Section cover? The Law & Religion Section would generally cover three broad areas: (1) Representation of churches and religiously affiliated institutions (as well as clergy/employees, etc.); (2) Free Exercise issues; and (3) Establishment Clause issues. How would the Section benefit its members specifically and the KBA generally? There is an urgent need today for civilized, educated and thoughtful discussion about the intersection of law and religion. A Law & Religion Section of the KBA would be uniquely situated for this task. As attorneys we are responsible to be civilized and respectful in our dialogue-particularly on sensitive issues. As a profession we place high value on diversity. The creation of a Law & Religion Section provides a unique forum where attorneys of all viewpoints may safely and thoughtfully discuss this important area of law. In this regard, it is critical to note that civility and respect must and will be emphasized at all times. Additionally and as a practical matter, attorneys that typically represent churches and other religiously affiliated institutions often practice in smaller or solo firms. Having a Section whose members come from throughout the State will be a helpful avenue to these practitioners for discussing and analyzing these important issues. Is there sufficient interest? Yes. In addition to the undersigned people who desire to join the Section, it is worth noting that in 2015 and 2016 the University of Missouri-Kansas City School of Law held a half day CLE discussing law and religion. There were approximately 100 attendees in the inaugural year and approximately 130 attendees in the second year. The vast majority of participants came from the Kansas City area (many of whom are Kansas attorneys and members of the KBA). It is believed that there will be other KBA members throughout Kansas who will welcome the opportunity to participate in a Section which addresses this important topic. What would the Section do in 2017? The Section would seek to accomplish the following major objectives in 2017: 1 Each attorney has authorized his or here-signature on this letter. 1 109 • Hold the required annual meeting to conduct Section business (including leadership election, discussion with Section membership generally about areas of focus, etc.) • Provide continuing legal education for members on law and religion. This would be done in at least two separate ways. First, the Section would team up with the half-day UMKC School of Law's CLE in June regarding law and religion. This would include broadcasting the CLE via the Internet such that Section members would not need to leave their practices to come to Kansas City. Second, the Section would do a webinar in the latter-half of 2017 dealing with hot/recent topics. • Initiate a list-serve for Section members through the Washburn School of Law. It is believed that the establishment of this list-serve is critical to continually engaging Section members in thoughtful discussion on legal matters as they arise. The Section's newsletter would also be distributed through this list-serve. • Integrate the Section with other KBA functions to the extent needed. Initial Section Leadership. The initial leadership for the Section will be drawn from the steering committee that has spearheaded efforts to form this Section. President (section officer): Michael Fielding President-Elect (section officer): Jeanne Gorman Secretary-Treasurer (section officer): Richard Stevens Legislative Liaison: Rick Morefield Continuing Legal Education Liaison: Hon. Kevin Smith2 Section Editor: Ahsan Latif Future leadership changes will be done in accordance with the Section's bylaws. Accordingly, we respectfully request your approval to form a Law & Religion Section in the KBA. Feel free to contact Michael Fielding if you have any additional questions. Sincerely, Michael Fielding, lead section organizer Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 816-983-8000 [email protected] KS 20562 2 Hon. Kevin Smith, 18th Judicial District, Div. 12, Wichita, KS. 2 110 /s/ Jeanne Gorman /s/ Richard C. Stevens /s/ Rick Morefield Jeanne Gorman Rau, LLC Martin Pringle Morefield Speicher Bachman, LC 8675 W. 96th Street Suite 100 N. Broadway Suite 500, 11814 W. 135th St. 210 Wichita, Kansas 67202 Overland Park, KS 66221 Overland Park, KS 66212 KS 23131 KS 13128 KS 9936 /s/ Hon. Kevin Smith /s/ Ahsan Latif /s/ Pamela S. Sullivan 15334 Hendryx Ct Kansas Corporation Commission 103 N. 9th St., P.O. Box 980 Goddard, KS 67052 1500 SW Arrowhead Road Salina, KS 67402-0980 KS 19242 Topeka, KS 66604-4027 KS 14619 KS 24709 /s/ Michael J. Book /s/ Christopher Miles /s/ Mary Ellen Rose Duggan Shadwick Doerr & Husch Blackwell LLP 10308 Metcalf Ave. Kurlbaum LLC 4801 Main Street, Suite 1000 Overland Park, Kansas 66212 11040 Oakmont Street Kansas City, MO 64112 KS 09788 Overland Park, KS 66210 KS 25562 KS 20334 /s/ Robert Howard /s/ Bruce J. Waner /s/ Mark A. Kahrs Foulston Siefkin LLP Waner, Glenn, Reeder & Girard, Kahrs Law Offices, P.A. 1551 N. Waterfront Parkway P.A. P. 0. Box 780487 Suite 100 5611 S.W. Barrington Court South Wichita, Kansas 67278 Wichita, KS 67206-4466 P.O. Box 67689 KS 15049 KS 5485 Topeka, Ks 66667-0689 KS 10297 /s/ Hon. James Fleetwood /s/ Jonathan R. Haden /s/ Joseph Favre 525 N. Main Lathrop & Gage LLP Favre Law LLC Wichita, KS 67203 2345 Grand Boulevard, Suite 2700 PO Box 17804 KS 13944 Kansas City, MO 64108-2618 Wichita, KS 67217 KS 25600 KS 26225 /s/ Cheryl Boushka /s/ John R. Weist /s/ Mara H. Cohara 1000 Walnut Suite 1500 Luder & Weist, LLC Lathrop & Gage LLP Kansas City, MO 64106 6300 West 143rd St., Suite 140 2345 Grand Blvd, Suite 2200 KS 12177 Overland Park, KS 66223 Kansas City, MO 64108 KS 16834 KS 20711 /s/ Dan Spencer /s/ Stan Bachman /s/ Andrew Speicher 3341 N 7th St. Trafficway Morefield Speicher Bachman, LC Morefield Speicher Bachman, LC Kansas City, KS 66115 11814 W.135th St. 11814 W. 135th St. KS 22739 Overland Park, KS 66221 Overland Park, KS 66221 KS 22647 KS 20679 3 111 Is/ Mark Dodd /s/ Mark M. lba Is/ Patricia A. Reeder KS State Gaming Agency Stinson Leonard Street LLP Woner, Glenn, Reeder & Girard, P.A. 420 E. 6th St., St 3000 1201 Walnut Street, Suite 2900 5611 S.W. Barrington Court South Topeka, Kansas 66607 Kansas City, MO 64106-2150 P.O. Box 67689 KS 22695 KS 17003 Topeka, KS 66667-0689 KS 10341 /s/ Regine Thompson /s/ Terrence J. Sexton Is/Robert W. Ramsdell Thompson & Thompson, P.A. Shook, Hardy & Bacon L.L.P. Thompson Ramsdell Qualseth & 310 4th Street, P.O. Box 166 2555 Grand Blvd. Warner, P.A. Scandia, KS 66966-0166 Kansas City, MO 64108 333 West 9th Street KS 17852 KS 17512 Lawrence, KS 66044 KS 19300 Is/ Janice L. Pauls /s/ Richard A. Macias, Esq. /s/ Scott C. Nehrbass, 101 East 11th Ave. Dodd & Macias Foulston Siefkin LLP Hutchinson, KS 67501 901 N. Broadway 32 Corporate Woods, Suite 600 KS 09236 Wichita, KS 67214 9225 Indian Creek Parkway KS 12192 Overland Park, Kansas 66210-2000 KS 16285 /s/ Aronda L. Strutt /s/ Brandon J. Smith /s/ Daniel Jacob PO Box 253 117 SE 10th Ave., Apt. D2 1210 N. Aksarben St. Stockton, Kansas 67669 Topeka, KS 66612 Wichita, KS 67235 KS 15688 KS 25184 KS 25458 4 112 KANSAS BAR ASSOCIATION LAW AND RELIGION SECTION OF THE KANSAS BAR ASSOCIATION BYLAWS ARTICLE 1: NAME AND PURPOSE §1.1 NAME. This Section shall be known as "The Law and Religion Section" of the Kansas Bar Association (hereinafter "Association" or "KBA"), and shall be referred to as "the Section." §1.2 PURPOSE. The purpose of this Section shall be the purpose of the Kansas Bar Association as stated in its Bylaws within the particular area of law and religion. To that end, the Section's purposes include: • To further the interest of the Kansas Bar Association and of the legal profession as a whole in all ways related to law and religion; • To promote throughout the State of Kansas the education of members of the Kansas Bar Association and the public about issues related to law and religion, by organizing presentations on various topics relating to law and religion, by sponsoring and by presenting lectures, workshops, and publications (such as newsletters) on law and religion topics, and by presenting continuing legal education programs on topics related to law and religion; • To promote law and religion among Kansas attorneys as a specialized field of practice; • To provide a forum for developing relations and civilized exchanges of viewpoints with persons and organizations having related interests in the field of law and religion; • To encourage and facilitate civilized and respectful discussion within the legal profession on law and religion issues; • To cooperate with other Sections of the Kansas Bar Association in matters concerning law and religion; and • To encourage and to support mutual respect for, and understanding of, differing religious belief systems and practices and how they relate to law and religion. ARTICLE 2: MEMBERSHIP §2.1 MEMBERS. The membership of the Section shall consist of those Association members whose dues have been paid, as provided for in this Article. Any member of the Association in good standing shall be enrolled as a member of the Section upon payment of the annual Section dues. §2.2 DUES. A member of the Section shall pay dues annually at the same time Association dues are payable. Annual dues shall be no less than the minimum determined by the Board of Governors to cover administrative costs and may not be pro-rated. The amount of annual dues shall be determined and set from time to time by the Executive Committee of the Section, subject to the approval of the KBA Board 113 of Governors. §2.3 TERMINATION OF MEMBERSHIP. Any member of the Section whose annual dues are more than sixty (60) days past due shall cease to be a member of the Section. Any person who ceases to be a member of the KBA shall also cease to be a member of the Section. ARTICLE 3: SECTION MEETINGS §3.1 ANNUAL MEETING. There shall be at least one annual meeting of the Section officers and Executive Committee to plan activities, approve a budget and transact other section business. §3.2 MEMBERSHIP MEETINGS. The Section may hold special meetings of its membership during the year. The President shall give the membership at least 15 days notice of the time, place and agenda for such meeting. §3.3 NOTICE. Notice may be given by written instrument in the KBA Journal, in a Section newsletter, or in any other Section or Association publication or communication. §3.4 QUORUM. The members of the Section present at a meeting of the membership shall constitute a quorum for the transaction of business. Binding action shall be by a majority vote of the members present. §3.5 PARLIAMENTARY AUTHORITY. The President shall preside at all meetings of the Section. The President shall select the parliamentary authority to govern meetings of the Section parliamentary situations not covered by these Bylaws. ARTICLE 4: SECTION EXECUTIVE COMMITTEE §4.1 POWERS AND FUNCTIONS. (a) The Section Executive Committee shall be vested with the powers and duties necessary for the administration of the activities of the Section. (b) The Section Executive Committee shall adopt annually a budget and submit it for approval to the Kansas Bar Association by October 1, or whatever date is set by the Association. The expenditures of any money not authorized in such budget shall require express Section Executive Committee and Association approval. (c) The Section Executive Committee is authorized to establish and organize into appropriate organizational structures such committees as it deems necessary to carry out the purposes of the Section. No action of a Section committee or other organizational structure shall be effective until approved by the Section Executive Committee or membership of the Section. (d) Between meetings of the membership, the Section Executive Committee shall have authority to perform the functions that the membership of the Section might perform. The Executive Committee shall report to the membership of the Section at each meeting any actions taken since the last meeting of the membership of the Section. 2 114 (e) The Section Executive Committee shall cause the Section to fulfill its purposes and shall determine policy of the Section or, at its option, may direct a referendum by mail (or electronic mail) ballot of the members of the Section. A majority of the votes cast in the referendum shall determine the policy of the Section with respect to the question submitted. Such referendum shall be conducted according to rules established by the Section Executive Committee and certified by the Executive Director of the Association. §4.2 COMPOSITION. The Section Executive Committee shall be composed of the following individuals, all of whom shall be current members of the Section: (a) The President of the Section; (b) The President-elect of the Section; (c) The Secretary-Treasurer of the Section; (d) The Section Legislative Liaison; (e) The Section Continuing Legal Education Liaison; (f) The Section Editor; (g) The immediate past President of the Section; and (h) Such number of additional members as may from time to time be established by the Executive Committee of the Section, referred to as Member(s) at Large. Each member of the Executive Committee selected through subsection (h) shall, when elected, serve one term of two years, provided, however, if upon expiration of said two years, a member of the Executive Committee will continue to hold a Section position described in sub-sections (a) through (g), inclusive, of §4.2, then notwithstanding the expiration of such person's two year term, such person shall continue to be a member of the Executive Committee so long as the person holds such position. Members are eligible for election to the Executive Committee one year after their term expires. The terms of the Executive Committee members shall be staggered. There shall be no limitation on the number of two year terms which an individual may serve on the Executive Committee of the Section and multiple terms may be served but not consecutively and there must be at least a one-year break between terms. If at any time between annual meetings of the Section, there is a vacancy on the Executive Committee created by reason of death, resignation or otherwise, then the Executive Committee of the Section may immediately fill such vacancy or may defer filling such vacancy until the next annual meeting of the Executive Committee. §4.3 MEETINGS. (a) The Section Executive Committee shall hold one or more meetings each year. The Section President shall give to the members of the Executive Committee at least 10 days notice of the date, time and place of Executive Committee meetings. A meeting may be conducted by telephone conference call, in person or through a combination of telephone and in-person participation. 3 115 (b) There shall be neither absentee nor proxy voting. (c) If a meeting of the Section Executive Committee is not feasible, the President of the Section, upon the President's own initiative or upon the written request of a majority of members of the Executive Committee, shall submit in writing to the members of the Executive Committee any items upon which the Executive Committee may be authorized to act. The members of the Executive Committee may vote upon the proposition either by written ballot or by any form of telecommunication, confirmed in writing, to the Secretary-Treasurer of the Section, who shall record the proposition and votes on the matter. (d) The number of members ofthe Executive Committee present, either in person, via email or by telephone participation, at a meeting of the Executive Committee shall constitute a quorum for the transaction of business. Binding action shall be taken by a majority vote of Executive Committee members participating in the meeting. (e) Notice of a meeting may be given by telephone, by written instrument, in the KBA Journal, in a Section newsletter or in any other Section or Association publication or communication. §4.4 COMPENSATION. No salary or compensation for services shall be paid to or by any officer; member of the Executive Committee or member of any committee, except as may be specifically authorized by the Association. ARTICLE 5: OFFICERS §5.1 OFFICERS. The officers of the Section shall be the President, the President-Elect, and the Secretary Treasurer. §5.2 PRESIDENT. The President shall preside at all meetings of the membership of the Section and of the Section Executive Committee. The President shall appoint and may remove the chairs and members of all committees of the Section, the Legislative Liaison, the Continuing Legal Education Liaison and the Section Editor of the Section. The President shall keep the Executive Committee informed of the activities of the Section and implement its decisions, and perform such other duties and acts as usually pertain to the office or as may be designated by the Executive Committee. §5.3 PRESIDENT-ELECT. The President-elect shall aid in the performance of the President's responsibilities in such manner and to such extent as the President may request. The President-elect shall preside at meetings of the Section membership and the Section Executive Committee in the absence of the President. The President-elect shall perform such duties and have such powers as usually pertain to the office or as may be designated by the Executive Committee or the Section President. In case of the death, resignation or disability of the President, the President-elect shall perform the duties of the President for the remainder of the President's term or disability. §5.4 SECRETARY-TREASURER. The Secretary shall consult with and assist all the officers of the Section in the work of the Section in the manner and to the extent requested. The Secretary-Treasurer shall be the liaison between the Section and the Association staff with respect to the retention and maintenance of books, records, papers, documents and information in any form and other property pertaining to the work of the Section. The Secretary-Treasurer shall keep a true record of the proceedings of all meetings 4 116 of the Section membership and of the Section Executive Committee, and forward copies to the KBA office. The Secretary-Treasurer shall prepare a projected budget for presentation to the Executive Committee at the time of the Annual Meeting, or such other time as may be expressly fixed by the Executive Committee, and shall submit to the Section, at the Annual Meeting, a report on the Section's financial affairs and financial condition. The Secretary-Treasurer shall prepare such other recommendations and special reports on financial affairs of the Section as may be requested by the President or the Executive Committee. §5.5 TERMS. (a) The term of each officer is two years. (b) The President-elect shall become the President upon expiration of the President's term. (c) The terms of all officers and Executive Committee members shall commence July 1 to June 30. §5.6 VACANCIES. An officer or Executive Committee member may be removed from office by action of the Executive Committee ifthe Executive Committee finds good cause for such removal. The Executive Committee, between Annual Meetings may fill vacancies in the offices of President, President-elect or Secretary-Treasurer. Officers so elected shall serve the balance of the term of the officer being replaced. §5.7 ADDITIONAL REPRESENTATIVES. In addition to the officers, the Section shall have the following representatives: (a) LEGISLATIVE LIAISON. The Legislative Liaison shall communicate the advice and recommendations of the Section on state and federal legislative matters to the KBA Legislative Committee and staff, and shall assist in the study and advocacy of KBA legislative positions related to the stated interests of the Section. The Legislative liaison shall serve as a regular, voting member of the KBA Legislative Committee. (b) CONTINUING LEGAL EDUCATION LIAISON. Continuing Legal Education Liaison shall communicate the advice and recommendations of the Section on continuing legal education programs and publication to the KBA Continuing Legal Education Committee and staff, and shall assist in the coordination and planning of such programs and publications as they relate to the stated interests of the Section. Continuing Legal Education Liaison shall service as a regular, voting member of the KBA Continuing Legal Education Committee. (c) SECTION EDITOR. The Section Editor shall serve as the Editor of the Section Membership Newsletter (e-news) and shall be responsible for preparing it for publication at least once each year in compliance with whatever editorial policies may be set by the Section Executive Committee or Association. The Section Editor shall also coordinate or prepare news items and articles of legal interest for inclusion in the official publications of the KBA. ARTICLE 6: NOMINATION AND ELECTION OF OFFICERS AND SECTION EXECUTIVE COMMITTEE MEMBERS §6.1 NOMINATIONS. At any time, not later than Aprill of the election year, the Section President shall appoint a Nominating Committee of at least three members of the Section who are not candidates for new positions on the Executive Committee or for positions as officers. If a vacancy should occur in the membership of the Nominating Committee, the Section President may appoint a member of the 5 117 Executive Committee to fill that vacancy. One candidate will be nominated by the Nominating Committee for each Executive Committee position or officer position to be filled by election as provided in these Bylaws. The Nominating Committee shall determine that the nominee agrees to be nominated. The Nominating Committee shall report to the Executive Committee the identity of each nominee and shall include a brief statement of said nominee's activities in the Section and in the legal profession. Nominations may also be made for all Section offices by nominating petition bearing ten signatures of members of the Section. All nominations by petition shall be filed with the President of the Section at least 50 days prior to the Association Annual Meeting. §6.2 ELECTION. After the close of nominations and in the event of a contest, the Executive Director shall conduct an election for such contested office by mail ballot of the Section membership. If there is only one nomination for any office, such nominee shall be declared elected to that office. ARTICLE 7: AMENDMENTS §7.1 These Bylaws may be amended by the Executive Committee at any meeting of the Executive Committee, provided such proposed amendment shall first have been approved by the governing body of the KBA. Notice of an intention to amend these Bylaws must be given to the membership no later than 30 days prior to the meeting at which such amendment is to be considered. The right of the Executive Committee to amend these Bylaws shall be subject to the prior right of the Section membership to make, alter or repeal these Bylaws or any amendments made by the Executive Committee. ARTICLE 8: INFORMAL GUIDELINES AND GOALS §8.1 The Executive Committee may, from time to time, adopt Informal Guidelines and Goals to assist and guide the Executive Committee in administering the business and affairs of the Section. Any such informal guideline or goal may be adopted, amended or repealed by the Executive Committee. If such guideline or goal is in conflict with these Bylaws, the provisions of these Bylaws such control. ARTICLE 9: REPRESENTATION OF ASSOCIATION POSITION §9.1 Any action by this Section must be approved by the governing body of the Association before the action can be effective as the action of the Association. Any resolution or recommendation adopted or action taken by the Section, on request of the Section Executive Committee or the Section, shall be reported by the Section President to the Association. 6 118 ~KANSAS LEG,&~gg.VICES 712 S. Kansas Avenue, Suite 200 JAMES CAMPBELL Topeka, Kansas 66603 President, Board of Directors Telephone (785} 233-2068 MARILYN HARP Fax (785} 354-8311 Executive Director November 30,2016 Jordan Yochim Kansas Bar Association 1200 SW Harrison St. Topeka, K.S 66612-1806 Dear Jordan: We are evaluating Board membership for the Kansas Legal Services Board for terms begiiming in January, 2017. Four attorney Board members end their first (three year) term on the Board in January, 2017. All four are eligible and interested in serving on the Board again. The two geographically selected persons are eligible for renewal to an additional 3 year term: Charles Apt III, who represents the Pittsburg service area, and Gabriella Vega, who represents the Manhattan area. Thmugh the KBA sponsored solicitation of interest process, Vivien Olsen has indicated interest in the position that represents our Manhattan service area. This creates a choice for the Board of Governors between Gabrielle Vega and Vivien Olsen. I have attached resumes for each candidate. I would like the Board of Governors to know that my preference would be for Gabrielle Vega's reappointment to the Board. She currently serves as Vice- President of the Board and is in line to serve as President begiiming in 2018, if she is reappointed. She has been an active Board member, moving tlu·ough our leadership process. Two other statewide Board members arc eligible for renewal, as well. Karen Humphreys is an at large member. She was appointed to a one year term, to fill a vacancy, in 2016. The Board of Governors just acted on her first appointment in Spring, 2016. Ed Robinson is the appointee of Kansas Association for Justice (KsAJ). He is eligible for a second three year term. We do need the KBA BOG to make Ed's appointment, despite his appointment by KsAJ. Federal regulations (45CFR 1607) covering Kansas Legal Services require that 60% of the Board be attorneys licensed in Kansas and appointed by a bar association that represents the majority of the lawyers in the state. This regulations covers the KBA, but not KsAJ. We have traditionally had the KsAJ appointee serve in an "other" category. However, that spot is now held by an appointee of Washburn Law School who is an attorney, but not licensed in Kansas. To meet the mles, we ask that the KBA BOG appoint the KsAJ designee to the KLS Board. ulLLSC c.~c·,·;;;!".&;::C~~Il!iibll!iiJil!iill!iiJlll!i!!lillllilllliii! ___S.ER.VI.NG·KA-NS·A·NS·S·IN.CE·1·97.7 -~ In summary, I seek action by the Board of Governors making the following appointments to the Kansas Legal Services Board of Directors: For three year tetms beginning in January, 2017: Charles Apt III, representing the Pittsburg Service Area, Gabrielle Vega, representing the Manhattan Service Area Karen Humphreys, serving as an at large member Ed Robinson, serving as a representative of the Kansas Association for Justice. Please let me know if I can assist with this process in any way. Sincerely, {1'\C~i'V\ I~ ~D Marilyn Harp Executive Director 120 Vivien Olsen 785.321.1280 (h) vivienolsenO [email protected] Address: 303 S 9th St St. Marys, KS, 66536 EDUCATION Washburn University School of Law, Topeka, KS, Juris Doctorate, 2000 Kansas State University, Manhattan, KS, Bachelor of Arts in English Literature, 1997 EXPERIENCE June 2007-Present General Counsel Prairie Band Potawatomi Nation • Counsel to the twenty-eight (28) tribal government departments in areas of finance, insurance, personnel administration, housing, real estate acquisition, guardian/conservatorships, commercial transactions, tax, healthcare, licensing and regulations, zoning, agriculture, law enforcement, and others • Counsel to the seven member Tribal Council governing body • Represent Nation in Indian Child Welfare Act (ICWA) cases in Kansas and other state courts • Assist and monitor numerous outside counsel on litigation matters and special projects • Work with state and national lobbyists regarding local and national legislation affecting PBPN or/and tribal members; draft legislation • Work with state agencies including DCF, KDHE, KDOR and others on matters of mutual interest: Memorandum of Understandings regarding intergovernmental protocol for dependency cases, ICWA and related issues; Kansas Water Office, water right regulation procedures; recognition of tribal licensing and credentialing; helped to facilitate development of Tribal Technical Advisory Group for KanCare (Kansas' Managed Care Medicaid program), on negotiation team for State-Tribe Tax Compact • Research, draft and amend existing and new laws in the Potawatomi Law and Order Code including the Juvenile Offender code, Victim Rights code, Peacemaker Circle (tribal mediating body) code, Sex Offender Registration code, and numerous others • Review and/or draft all contracts, intergovernmental agreements, resolutions, policies and procedures, corporate governance and organizational document, memorandums, legislation, correspondence August 2004 - June 2007 Inspector General; Staff Attorney Kansas Juvenile Justice Authority, Topeka, KS • Hired as temporary Staff Attorney providing research regarding real estate acquisition and Juvenile Offender code amendments and research • Appointed Inspector General; supervised two employee staff; coordinated, developed and conducted investigatory audits, reports, and projects within judicial districts, youth correctional facilities, and group homes December 2002- Attorney at Law September 2004 Vivien Olsen, Attorney at Law St. Marys, Pottawatomie County, Kansas • General practice providing legal services in areas including wills, bankruptcy, domestic and family law • Served on 2"d Judicial District Court Appointment list as Guardian Ad Litem in child in need of care, care and treatment, and guardian and conservatorships, indigent counsel for criminal cases and juvenile offender cases • Served on Court Appointment list for Cities of Wamego and St. Marys • City attorney for City of Belvue, assisted with KanStep Grant development for Belvue Fire Barn • City attorney for City of St. George, city prosecutor • Pro Tern Judge for small claims docket 2003 1 121 Licenses, Professional and Civic Memberships • Admitted to practice in Kansas Courts, U.S. District Court of Kansas and PBPN District Court • Kansas Supreme Court Mediator in Core, Domestic, 2015,2008-2012 • Former AIG Certified Inspector General (John Jay College of Criminal Justice, NYC, 2005) 2005-2014 • Kansas Supreme Court Permanency Planning Task Force, member, 2014-present • Kansas Citizen Review Board, Intake to Petition Panel, member, 2015-present • St. Marys Housing Authority, Board member 2010-2013 • St. Marys Housing Authority, Board Chair, 2012-2013 • Pottawatomie County Bar Association, member • Kansas Women Attorneys Association, member • Topeka Women Attorneys Association, Program Committee, Chair, 2005 • Kansas Bar Association, Indian Law Section, Founding Member, Past Chair, 2013-2014 • Federal Bar Association, Kansas Chapter, founding member • Kansas OJA Tribal State Judicial Forum Committee member, January-May 2016 Presentations/Articles • Revised BIA ICWA Guidelines for State Courts and Agencies in Indian Child Custody Proceedings: An Overview, CLE Presentation for Annual Native Nations Law Symposium hosted by Iowa Tribe of Kansas and Missouri (September 11, 20 15) and CLE Presentation, Kansas Bar Association Indian Law Section (July 14, 20 15) • Legislative Updates, Presentation, Annual Indian Country Conference, Prairie Band Potawatomi Casino and Resort, July 17,2014 • Future ofICWA, Panel member, 18th Annual Tribal Law and Governance Conference, KU School of Law, March 7,2014 2 122 C]a6rie{a }1. o/eaa EMPLOYMENT HISTORY Founder and Attorney; Vega Acosta Law Firm, Chtd., Manhattan, Ks October 2009-Present Advocacy Represent clients in the areas of family and immigration law; Prepare cases and represent clients from diverse backgrounds, Investigate and interpret foreign laws' applicability to U.S. immigration law, Represent clients before US Departments of Homeland Security and State for immigration matters including family-based petitions, non-immigrant visas in H categories; counsel clients on student (F visas) and exchange visitor (J visa) issues; Represent clients in district court for family law issues; Prepare support briefs on behalf of clients; Explain legal issues, statutes and case law to clients and work collaboratively with them to create solutions to improve their lives. Business Planning; Budget Planning; Personnel Management Administer and oversee the business and legal operations of a small-staff office; Create strategic marketing and business plans for the future growth of the company; Manage and supervise employees; Conduct annual progress reviews; Develop business budgets; Train employees on their jobs and educate them about firm policies, ethic rules and Kansas statutes that affect the work of the firm. Sales & Marketing Develop and implement business plan to ensure increase in revenue each succeeding year that law office is in operation; Manage firm's social media presence; Write blog posts, newsletter articles and maintain firm's social media contacts; Oversee firm's public image and reputation; Create and implement strategic marketing plans, Create and develop business relationships with business contacts and key public figures to ensure word of mouth business; Write bilingual, immigration-based articles for publication in a Statewide Spanish newspaper. Director Membership & Development; Kansas Association for Justice, Topeka, Ks March 2007-May 2009 Organizational Planning Executed and implemented the activities, objectives and goals of a 501(c)(3) foundation which includes a $2.6 million fundraising campaign; Developed and implemented the first-ever board training program for executive committee and foundation board members; Assisted in the development, planning and implementation of objectives and goals for Association's governing board. Budget & Financial Planning Analyzed and prepared budgets for membership, Eagles' giving, foundation board, continuing legal education department and vendor marketing; Created a funds' designation formula for corporate partnership dollars that legally reduced the Association's federal and State tax liabilities. Sales & Marketing Conceptualized programming, marketing materials and promotions for all12-15 CLE programs annually; Developed critical relationships with vendors to increase marketing and product placement that organization; Helped develop materials used for Vision of Justice campaign. Public Relations & Communications Created planned and implemented strategic membership plan for membership affinity; Served as the member liaison with continuous contact and communications with current members and high level donors; prepared journal and newsletter communications regarding member affinity services; when needed, assisted with legislative initiatives impacting membership and mission. Personnel Management Planned and lead staff meetings; Directed and managed staff. 2 708 St. Cfiarfes Circfe oa6riefa@vegaacosta. com :Manhattan, 'l(ansas 66502 785-375-1985 123 fja6rie{a }f. o/ega PROFESSIONAL LICENSES State of Kansas, May 2004 (active status); U.S. District Court of Kansas, May 2004 (inactive status); Prairie Band Potawatomi Nation Tribal Court, January 2005. PUBLICATIONS September 2012, Human Resources newsletter article regarding I-9 form management, 9 Best Practices to Implement Today; Blog postings at www.veqaacosta.com, www.simplyqabriela.com and www. mscareergirl.com; Nov. 2007, Joumal of Kansas Association for Justice (hereinafter, KsAJ) "Members Asked to Embrace a Vision of Justice, pp. 14-15. March 2008, Joumal KsAJ, "Strengthen Coalitions and Build Relationships," written for publish by member Jeffery Carmichael, pg. 19. May 2008, Joumal KsAJ, "Just Us vs. Justice," co-authored with Callie Denton Hartle, Dir. Public Affairs, pg. 16. Sept. 2008, Joumal KsAJ, "Enhance and Excel: Eam CLE Credit and Support KsAJ, CLE Season 2008-2009" written for publish by member J. Todd Hiatt, pg. 26. EDUCATION Washburn University Sc1wol of Law, Juris Doctor, May 2003 President & Dir. Events & Fundraising- Hispanic American Law Students Assn. Lt. Gov. of Conference & Programming- lQth Circuit ABA, LSD Washburn University, Bachelor ofArts- History, May 2000 Finnup Foundation Scholar, member, Delta Gamma Sorority. CMC ACTMTIES, VOLUNTEER WORK and SPECIAL SKILLS Member, American Bar Association Diversity and Inclusion Board, Law Practice Division Serve on governing board for ABA that works to increase diversity and inclusion of minorities and women in legal services, collaborate with other organization divisions to increase participation and leadership opportunities for minorities and women, Create mentoring opportunities for women as part of Women Rainmakers board, Coordinate efforts to create books and other nationally published materials on minorities in the legal profession. Board of Directors, Family Service & Guidance Center Served on goveming board of non-profit mental health agency for children; attended monthly meetings; served as community liaison for organization; attended legislative functions hosted by & for organization; presented at annual United Way fund allocations' presentation; served on the finance committee which oversees budgeting for organization. Member, Planning Commission, City of Topeka Appointed by Topeka Mayor; made recommendations to city council regarding planning, platting & zoning issues; attended monthly meetings; adopted, reviewed & recommended capital improvements' program to city council. 2 708 St. Cliarfes Circfe oa6rie{a@vegaacosta. com :Manliattan, 'l(flnsas 66502 785-375-1985 124 KANSAS BAR ASSOCIATION Kansas Bar Association Minutes of the Board of Governors Meeting September 30, 2016 Wichita Bar Association, Wichita Present: Rachael Pirner Staff present: Hon. Sally Pokorny Steve Six, President Bill Quick Danielle Hall Gregory P. Goheen, President-elect Eric Rosenblad Deana Mead Bruce W. Kent, Vice President Terri Savely Joe Molina Mira Mdivani, Secretary /Treasurer John Swearer Dennis Taylor Sarah Warner Ken Waugh Gary Ayers Cheryl Whelan Jordan Yochim Christi Bright Brian l. Williams Vincent Cox Toby Crouse Mark Dupree Nathan Eberline Not present: Hon. Jeffrey Goering Nancy Morales Gonzalez Natalie G. Haag, Immediate Past Aaron Kite President Joslyn Kusiak Hon. Patty Macke Dicke Hon. Christel Marquardt Guests present: Jeffery Mason Tish Morrical Chris Newbold, ALPS Consultant Bruce Ney Todd Thompson, KBF President Linda Parks Sylvia Penner Welcome and Call to Order With a quorum present, President Steve Six welcomed the group and called the meeting of the KBA Board of Governors to order at 1 :02 p.m. Legislative Update Joseph Molina, KBA Director of Government Affairs, provided the KBA BOG with a legislative update and political report. The report included the fiscal condition of the state, the current budgetary issues facing the Kansas judicial branch and various legislation that became effective on July 1, 2016. The Board was very interested in the upcoming retention elections for five Kansas Supreme Court Justices and six Kansas Court of Appeal judges. The board was concerned that the retention race could create a historic number of open positions on the court, allowing the governor to appoint up to five new justices. Several board members discussed their current engagement on the issue and encouraged others to get involved. 125 Page 2 of 5 KBA Board of Governors Meeting Minutes September 30, 2016 The Board was also concerned with a new law directing the Kansas Secretary of State to administer the elections for lawyer-members of the Kansas Supreme Court Nominating Commission. The new law requires lawyers to register with the clerk of the court and the clerk would forward a list of properly registered lawyers to the secretary of state's office. This list would now be the voting list by which lawyers are notified of upcoming elections. The Board was also concerned about the personal information being allowed out into the public domain through KORA requests. Exceptions exist in court rules that protect some information about lawyers and judges but these may not apply to information held by the Secretary of State's Office. The Board would like more information on this topic. Finally, Molina advised and invited the Board to the 9th Annual Fall Legislative Conference on Nov. 30th at the KBA. Proposed Strategic Plan President-elect Greg Goheen gave a brief overview of the strategic planning process. The final draft, shared with the board at the June meeting, is set forth before the Board for adoption and implementation. The plan includes five goals including two year objectives with measurables. Chris Newbold, ALPS consultant, shared that strategic planning is one of the best practices that bar associations can engage in. The scope of relevance goes beyond the Board and staff to the membership. Newbold noted that the KBA needs to capitalize on where it can be a leader with information dissemination, value, purpose driven networking, CLE and good governance that is smart, reasonable and defined. Rachael Pirner asked and Newbold confirmed that the Executive Director is the one ultimately responsible and accountable to this Board for the strategic plan. President Six thanked the Committee for their efforts. Motion to approve the strategic plan as presented with responsible party updates was made by Bruce Kent, seconded by Mira Mdivani. Motion carried. Sarah Warner requested to have a copy of the strategic plan included in board agendas with report on goals accordingly. Proposed Bylaws Changes Bill Quick, Bylaws taskforce chair, noted that the fully updated had been circulated to the board for review some 30+ days before the meeting and that he had received no questions or comments. He made a motion to adopt the proposed bylaws as presented. Seconded by John Swearer. Quick gave a brief synopsis of the overall process and changes made. He provided a clean set of this document for the record. Linda Parks especially thanked Quick for his dedication and hard work on this entire project. Motion carried. The new bylaws were adopted as submitted to the board. District 1 Vacancy President Six informed the Board that the Executive Committee recommends Diana Toman as the new District 1 Governor. She will fill Mira's term until June 2017. Motion to approve Ms. Toman to represent District 1 was made by Sarah Warner, seconded by Judge Sally Pokorny. Linda Parks expressed concern that we didn't go to the full membership with this open position on the Board. She opposes the procedure with this vacancy. Moving forward, it was noted that we'll notify the full membership of vacancies on the Board. Motion carried with Linda Parks opposing. 126 Page 3 of 5 KBA Boord of Governors Meeting Minutes September 30, 2016 President's Report Email Policy Change Executive Director Jordan Yochim addressed the topic of an email policy change regarding the elections and candidate's means of obtaining member information. This process involves the use of member email addresses during KBA elections by those campaigning for office. A policy change was recommended by the Executive Committee; Yochim was asked to craft policy options for the board's consideration. Two scenarios were provided for the Board's review and discussion. This only pertains to the election process. Bruce Kent made a motion to accept the second option - control over email lists maintained by the KBA, messages sent on behalf of candidates. Seconded by Christi Bright. Bill Quick suggested limiting candidates to one email per election cycle. Jeff Mason added that if emails are sent by staff then a disclaimer needs to be added that the KBA/staff is not endorsing any candidates. Mira Mdivani was concerned about the receipt order of emails and whose would get sent/read prior to another candidate. Mark Dupree stated that staff should be given guidelines and candidates be given deadlines to avoid confusion. Bruce Kent withdrew his motion and Christi Bright her second. Mira Mdivani made the motion to have staff research and bring guidelines to the December board meeting for further study. Toby Crouse seconded. Motion carried. Mira Mdivani made o motion to have KBA send out a candidate's email on a one-time basis with parameters provided. Bruce Kent seconded. A show of hands in favor of this motion was 1 0; not in favor was 13. Motion fails so staff will come to the December meeting with further information and research. Linda Parks stated that the election timelines were too aggressive for this year's election cycle. Terri Savely suggested sending an eblast to members informing them of changes. A motion was made by Rachael Pirner to table this timeline discussion until December. Cheryl Whelan seconded. Staff should go back to the past dates and look at how these can be adjusted. Motion carried. Proposed New Section A new law & Religion Section is being proposed for Board action. Rachael Pirner made a motion to defer discussion of this Section until December because it did not meet the deadline stated in the Bylaws. Second by Linda Parks. Judge Marquardt asked if other states had a Section of this nature. Judge Goering asked if we can have an email vote with detailed information provided to keep this process moving along. All were in favor of tabling this until the December meeting. Motion carried. Update on Military Spouse Accommodation Rule President Six reported that the Kansas Supreme Court has adopted a rule that allows attorneys living in Kansas who are spouses of military service members stationed here to temporarily practice law without taking the state-administered uniform bar exam. The rule takes effect September 1 5. Executive Director's Report Annual Meeting Proposals Executive Director Jordan Yochim brought forth the staff research efforts on dates and venues for the 2018, 2019 and 2020 annual meetings. We had the opportunity to go to a new DoubleTree Hotel in lawrence for 2018, DoubleTree Hotel in Overland Park in 2019 and Hyatt in Wichita in 2020. Discussion was held with regards to why these locations were selected and that Topeka should be the host city even though hotel space was not available in 2018. Cheryl Whelan made a motion to change the proposed 127 Page 4 of 5 KBA Board of Governors Meeting Minutes September 30, 2016 scheduling and stick with the big three in the rotation and the fourth year can be elsewhere. The new rotating schedule will be 201 8 Overland Park, 2019 Topeka, 2020 Wichita and 2021 to be determined. Vince Cox seconded. Motion carried. Financial Report Executive Director Jordan Yochim directed the board's attention to the current budget in the meeting materials. He stated the financial picture in general terms is doing well. We're earning more non-dues revenue than last year, yet direct expenses remain nearly the same. Yochim thinks this year will have a sizeable surplus but perhaps not as much as last year's. Linda Parks requested that the ABA YLD Delegate have a travel allowance in the 2017 budget. Yochim explained that he is aware of the need and will add it to the budgeted pool for ABA travel expenses. Staff Update The KBA has hired a new IOLTA coordinator, Jessica Evans. We still have two positions open with the Journal Editor and Governance and Board Services Coordinator. Job postings have been placed and interviews will be conducted soon. New Member Benefits Yochim informed the Board of one of the newest member benefits, Sociallink. It is a mobile platform launched through our database YourMembership (YM). It has the look and feel of Facebook. It is very user friendly through phone or tablet technology. Access is limited to KBA members and includes actions such as push notifications, CLE registration, membership renewals, and provides us with another avenue of communication within Sections. This will be available and touted during our upcoming membership renewal cycle. Danielle Hall, Law Practice Services Director, presented a new member benefit, Cosmolex for Board approval. This cloud-based legal practice management software is a complete, all-in-one web-based solution for attorneys and law firms. The Trust (IOLTA) Accounting is compliant in all 50 states. We've also consulted with the Disciplinary Administrator's Office and they approve of the software. Cosmolex is also engaged in a partnership with Casemaker and LawPay so attorneys may track research time and bill directly within the software. The cost is $49 per month per user with up to five users. A $1 0 discount is applied at sign up and the KBA receives 5% commission on member sign ups. We do not have any information now on what other bar associations earn from this product. It does have a payroll/accounting component. Mira Mdivani made a motion to accept the two new member benefits as presented. Seconded by John Swearer. Motion carried. Request for Opt-Out by KBF Yochim offered a brief explanation of the KBF Opt-Out donation carried within the KBA membership renewal process. He explained that KBF requests that the KBA allow this opt-out mechanism during this year's renewal. If allowed, and when members do not opt out, an automatic $25 will be donated to the Foundation's unrestricted funds. A motion to approve the KBF to have this Opt-Out provision on the KBA membership form was made by Eric Rosenblad and seconded by Bruce Kent. Motion carried with Cheryl Whelan opposing. Associate Executive Director's Report Deana Mead gave a quick overview of the 2016 Annual Meeting held in Wichita. This was another year of experimenting with a one day event. The Wichita Bar Show was enjoyed by all along with great speakers, good food and fellowship. Per Mead's post event correspondence, we added a new member to our Journal Board of Editors. 128 Page 5 of 5 KBA Board of Governors Meeting Minutes September 30, 2016 President-Elect's Report President-Elect Greg Goheen reported on his trip along with President Six to the NCBP conference in San Francisco. It was great to meet other bar association colleagues and discuss issues they are facing as well. Many states are going through the strategic plan process. Goheen stated that more programs are being developed for lawyers with aging, substance abuse, etc. He also noted the growing role technology is playing in law firms and in bar associations at the national level. Lawyer Referral Service Report LRS Director Dennis Taylor pointed out that revenue is up along with other detailed items in a summary he provided to the Board. Taylor has reduced his schedule to 60% for the remainder of the year. He informed the Board that he is teaching a business law class at Washburn with 29 students. LRS continues to offer their Call-a-Lawyer and Ask-a-Lawyer programs on a regular basis. YLS Report YLS President Nathan Eberline outlined a few young lawyer activities. YLS hosted a pre-swearing in reception today for new admittees and the KBA hosted its post-swearing in reception at TPAC. Positive feedback was received along with a special thanks to Meg Wickham for arranging these events. Eberline noted that each new admittee will receive a call and email from the YLS executive committee. A tailgate event is planned for October 22 in conjunction with a KU football game. The YLS newsletter will continue to be emphasized as an important form of Section communication. ABA Delegates Report Linda Parks described a big change to the ABA's Model Rule 8.4(g) which now recognizes and prohibits harassment and discrimination "on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law". Several letters from the bar were received in advance stating that litigation attorneys didn't support this change. Details were worked out and support was then given for this rule change. It is on to the Supreme Court for approval. Note that April 25-27, 2017 will be ABA Days on the Hill with a reception to be held at the new African American museum. KDJA Report Chief Judge Patty Macke Dick encouraged us to align our meetings with the Judiciary. The KBA/KDJA Holiday dinner will be held on December 9 at the Brio Tuscan Grille. Consent Agenda On a motion from Judge Jeff Goering, seconded by Brian Williams, the consent agenda items were approved unanimously. Executive Session The board went into Executive Session at 3:49 PM and adjourned shortly after. Respectfully submitted, Deana Mead, Associate Executive Director, on behalf of Mira Mdivani, Secretary-Treasurer 129 Member & Communication Services Report for the December BOG Meeting 1. In August, the KBA partnered with WIBW-TV to host a PokemonGo crawl in downtown Topeka. The KBA office is a Poke Stop, which made it a perfect beginning point for the crawl. We had a table set up with hand held fans with a map of all the downtown Poke Stops on one side, and the KBA/WIBW logo on the other side. We also had information for the public about the KBA including: lawyer referral service information, public service pamphlets and general KBA information. We had a good mix of members, law students and public participate. By the number of check-ins, we ended up with about 300 participants. 2. 2017 members will have access to two new member benefits, Cosmolex and Bradley Software. a. Cosmolex: In a new partnership with Cosmolex, the KBA now offers its members that are in small law firms a cloud practice management system with all the tools required to efficiently and effectively manage a law firm under one login. KBA members can receive a 10% lifetime discount on a Cosmolex subscription; a free 30-day trial is available to allow members to use and evaluate this comprehensive system. It provides secure accounting and communication for the law office as well as billing and payments management, trust (IOLTA) accounting, as well as document and time organization and management features. b. Bradley Software: In association with Bradley Software, the KBA will offer a member-only access to programs and discounts on products and services widely used in the legal industry. Members can receive substantial discounts on Bradley's popular "Family Law combo packages" at rates unavailable to non-members. For lawyers who occasionally deal with child support, Bradley offers its on-line calculators at KBA member-only discounts. 3. Face book Live: We will do our first Face book Live event during the Legislative Conference on Nov. 30. 4. We are starting an on-going video project called "Behind the Bar." We have hired Gablocal.tv to do our studio and editing work. The first project will be recorded in early December for a Supreme Court Nominating Commission awareness campaign. This will be an 8-9 minute educational video. It will also be used in smaller bites to use on social media with 1-2 minute vignettes. 5. New Member Outreach: We receive news clips with information about what attorneys are making the news in Kansas. This is where we derive our "members in the news" for the Journal. Those attorneys who are not members will now receive a membership packet along with a congratulatory letter from our President on their accomplishment. 6. 2017 KBA membership renewal and recruitment is on schedule. On-line renewals receive a promo code for a free 1-hour webinar to be used by May 31, 2017. Paper invoices went out the week of November 14th. The change was made to the paper invoices to include the $25 contribution to the KBF. 130 Law Practice Services CLE Report This report covers October, November and December for this quarter. This report will cover the number of programs presented and the number of attendees for each program type. During the fall months, the KBA has focused on presenting Lunch & Learn programs every month and has increased the offerings for KBA webinars. We have also focused on increasing the webinar offerings from our partners, Internet for Lawyers and Mesa CLE. Please note that the attendee numbers for these partnership programs will increase as these programs are presented throughout the month of December. Program Type # of Programs # of Attendees KBALive 7 303 KBA Lunch & Learn 4 30 KBA Webinar 8 69 Internet for Lawyers Webinars 5 14 Sean Carter Webinars (Mesa CLE) 9 29 On Wednesday, November 23 the KBA was informed of changes to the Rules Relating to Continuing Legal Education recommended by the Kansas CLE Commission. The most significant of which being that webinars and teleconferences will now be considered "Live Programming" meaning that there will be no limit to the number of webinars or teleconferences an attorney can attend per compliance period. Additionally, as a provider the KBA will be responsible for reporting the attendance to the Kansas CLE Commission within 30 days of its programs. This is an additional administrative step that the KBA has not been responsible for in the past. The Court is accepting comments on the proposed rule changes until December 27, 2016. Considering these proposed changes, the KBA will be exploring other forms of CLE delivery that will increase the number of programs presented, especially webinars and teleconference CLEs. Before her departure as the Law Practice Services Director Danielle Hall and I worked with the Finance Director on reworking the class numbers to better account for expenses for each individual program. This will lead to more accurate expense reporting in Fiscal Year 2017. Respectfully submitted, Leslie Daugharthy 131 Publications Update December 2016 2016 Completed Mergers first Edition Published in January 2016 Family Law 2016 Supplement Published in May of 2016 2016 Annual Survey Published in May of 2016 Criminal Law Published in July of 2016 Employment Law Published in Nov. of 2016 In Progress Basic Will Should be published End of December 2016- early January 2017. Probate and Trust Chapters were due from authors on Nov 1. Still waiting on some chapters to be turned in. Estimated publication date late winter 2017 Long Term Care Emily Donaldson is on board, changed title to Elder and Special needs planning. On track, expected to be published spring/summer 2017. LLC Monograph Webb Hecker is heading this up and it is in progress, 2017. Title Standards The committee is still working on producing a new publication, their next meeting is in February 2017. I have some chapters in my possession. Automobile Insurance Ron Fisher, out of Wichita, was previously an editor on Workers Camp. Is working on an Automobile Insurance Handbook. Bankruptcy New editors on board looking for a late winter 2017 publication date. 2017 Annual Survey of law Annual publication (May 2017) Water law Burke Griggs is working with Rocky Mountain Mineral Law Foundation to publish the book. We will partner in marketing, and making it available to our members. In planning process ADR Reached out to potential editors I authors 132 Education Gregory Goheen and Cheryl Whelan working on chapters and outline. Retirement Lomap committee has agreed to take on this task Research and Reference Possible future Publications for 2018 *Needing suggestions on Editors/Authors Administrative law Martha Intellectual Property * Tax Law * Local Gov * Law office Practice Manag. Professional Liability * Reference guides *The Board of Publishers is considering a partnership with Casemaker Libra to offer a subscription to host publications in an online format. This will also link our books to references throughout Casemaker. Many members have expressed the need/want for the online format for our handbooks. The board will meet again in January. 133 Anne Woods update for Public Services/Foundation December 2016 Law Related Education Committee. Law Wise We are in the process of finding a new editor for Law Wise. Mock Trial We have included info in the KBA Weekly to raise $3,500 to supplement the funding for the 2017 program. The case for 2017 will be posted in December. Access to Justice Committee Kansas.freelegalanswers.org launched in October Celebrate Pro Bono Week included KLS events throughout the state. The Johnson County Help Center held a My Ties for Justice event. Several photos were submitted for My Ties for Justice. A pro bono survey will be launched in January by the ABA. Foundation 2017 Foundation Dinner Site visits to Manhattan were made to look at venues for the 2017 Foundation Dinner. The KSU Alumni Center was selected and Beckers will provide the catering. Fellows Year-end letters and an eblast to all members on Giving Tuesday are scheduled. The December Journal will feature a list of donors and the article on the 2016 Robert K. Weary award recipient. BOA Conference calls for the Bank of America grant program were held and a draft of the proposal application is being reviewed. IOLTA Jessica Evans has completed training for IOLT A. IOLTA grant agreements have been mailed. A press release will go out in late December to announce the grant recipients and the KBF scholarship recipients. KBF Strategic Plan Objective 1. 2 Develop a drip marketing initiative which ensures the KBF effectively tells its story to lawyers on at least a quarterly basis, and to KBF Fellows six times a year. The Public Services Director is currently working on writing a pre-written set of messages to be delivered via, the KBA Weekly, social media and email. The messages will focus on two areas: 1. Telling the KBF story via brief profiles on IOLTA grant projects and KBF scholarship recipients. 2. Establishing a program modeled after the Kentucky Bar Foundation's Attorneys Doing Good program. This program is designed to celebrate the tradition of attorneys giving back in their communities. Brief profiles are written to highlight events and projects that highlight attorneys doing good and giving back to their communities. Fun photos of attorneys are included with each profile. Drip marketing will include promoting new profiles via social media and having a dedicated section of the website for all profiles. 134 Objective 2.2 Perform a program assessment on the current state of the KBF Fellows program, complete with participation rates, opportunities, evaluation of structure and program recommendations. Subsequent to evaluation, conduct a Fellows drive, intent on driving annual revenue from $16k in 2016 to $25k in 2017. The Public Services Director is currently reviewing fellow programs at other bar foundations to compare how fellows are selected, what type of level structures are used (such as our Fellow, Silver, Gold, Diamond etc), what responsibilities trustees have in recruiting fellows and ideas for establishing a campaign to recruit fellows. Objective 5.1 Enhance the participation rate of Kansas law firms in the IOL TA program from 45% to 55% in the next two years, utilizing the new website and other KBF marketing initiatives to illustrate the impact of KBF activities. The IOLTA Committee is assigned to this but the IOLTA Director will be involved and has started looking for opportunities to increase participation. In addition, the new IOLTA Coordinator is becoming familiar with firm participation rates and starting to think of ways to help publicize favorable interest rates. Objective 5.2 Develop an IOL TA bank "honor roll" to effectively market banks providing favorable interests rates to IOL TA account holders; publish this honor roll monthly in the KBA Journal. The Public Services Director has contacted Bev Groudine at the ABA to request a peer mentor to help with establishing the honor roll program at the KBF. 135