[WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

[G. Geoffrey Gibbs]

Heidi:
Thank you for the update.   I am appalled that the BOG convened a Task Force to look at section policy and as I read the report, there is not a section leader that is a voting member of the taskforce.  This with an acknowledgement that probably 2/3 or more of the WSBA membership is a member of one or more sections.   For many years (at least since 2010 when I was Treasurer), the WSBA has been operating essentially at a loss, depleting reserves and failing to recognize that budget cuts (and perhaps staff cuts) are needed.  The details of the operating budget for 2015 are not really even available to a general member.  It was listed on the "consent calendar" for the Sept. 2015 BOG meeting and the materials for that meeting are no longer posted on the website (while the WSBA posts the minutes of a BOG meeting 2-3 months after the meeting has occurred, they do not make the meeting materials considered by the BOG available on the website after the meeting has been held).
               But what we do know is that the 2015-2016 budget has expenses at $18.6 million dollars supported by only $16.4 million dollars in revenues, using $2.2 million dollars from reserves.  Sept. 2015 Bar News.
               For the 2014-2015 budget year, expenses were set at $17.9 million supported by $14.7 million in revenues and using $3.1 million in reserves. October 2014 Bar News.
               For the 2013-2014 budget year, expenses were set at - I am not exactly sure but because the Bar News seems to be devoid of budget details at least reviewing the issues from Sept. 2013 through Feb. 2014 and as noted, the meeting materials are not available.
               In stating the above, the WSBA has not always had to actually dip into reserves as a result of expenses not coming in at the projected level.   But the figures above do not bespeak true fiscal responsibility.  The sustainability of the WSBA, given its decisions on programs (political, disciplinary, social and others) has been problematic in my mind since I was treasurer in 2009-2010.
               So far as I know, there have been virtually no issue of fiscal responsibility, at least any major issue, regarding the administration of section accounts.  Section support from WSBA (staff and other) has continued to erode from year to year.  So perhaps the WSBA needs to add to the reserves to which they look to sustain a negative budget.
               If these provisions are adopted in their current form, it may be time for action to be taken, either through (1) a member referenda under Chapter VIII of the WSBA Bylaws or (2) by forming a voluntary Bar Association outside of the WSBA which will administer essentially the same functions as the sections perform now.
               Please understand that I am fully supportive of the WSBA as an organization although I may differ in respect to the prioritization of certain programs and policies.   The current Governors and leadership have my utmost respect for the time, effort and dedication they have expended to sustain and improve our profession.  The Chair of this taskforce, Anthony Gipe, is an individual that I consider to be a friend and who has my respect.  But it is hard to support a taskforce recommendation so far out of line from the current policies when sections were not even included with voting representatives and the same were developed I gather with largely only written submissions from sections.
               I hope that section leaders will be able to attend the March BOG meeting at which I understand these recommendations will be taken up.  Although not in any elected capacity at the moment, I intend to be present to offer support for the sections, particularly for the 2 to 3 sections to which I have belonged and supported for many years (RPPT and Family Law).
               These are only my thoughts, unrefined by input from other reasonable minds.
               Respectfully,
               Geoff Gibbs
               Governor (2007 - 2010)
               Treasurer (2009-2010)



G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue | Everett, WA  98201
Phone: (425) 252-5161 | Fax: (425) 258-3345
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com> / www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sherry Bosse Lueders
Sent: Wednesday, January 20, 2016 3:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

Dear Real Property, Probate & Trust Section Members -

I am writing to let you know about a WSBA initiative that threatens the continued existence of the Sections program as we know it.

What's happening?

In October 2015, a Workgroup convened to discuss administrative improvements to the WSBA's Sections program. The Workgroup did not include any active Section chairs, other Section officers, or even Section members.

There are 28 Sections that represent various practice areas and fields of interests. At approximately 2,400 members, RPPT is the largest Section. It is also one of the most successful Sections in providing benefits to members.

The Workgroup issued draft policy proposals on December 30, 2015 (available here<http://www.wsba.org/About-WSBA/Governance/Sections-Policy-Work-Group>) that would substantially alter the Sections program. These changes include:

1.         Pooled Financial Resources. Currently, each Section has its own treasury and operates its own budget, although only a small portion of your $25 Section membership fee goes directly to the RPPT Section's fund, while the WSBA keeps $17.75.

The Workgroup proposes to pool all Section resources. Under this approach, even more of your RPPT Section membership fees and even more of the RPPT Section's CLE revenues could be used to fund activities of any other Section and any other WSBA administrative expenses. WSBA already takes 70% of our Section Dues and 50% of the Section's CLE revenues. Going forward, under the proposals, the Section would forfeit all of that revenue back to the WSBA annually.

2.         Forfeiture of Financial Reserves. Through careful planning and profitable CLE programming, the RPPT Section leadership has always maintained healthy financial reserves (currently about $130,000, of approximately $1.2M in the total Sections funds balances among all 28 sections). We use these reserves to (i) keep dues to the lowest level possible, (ii) ensure continuity of programming, and (iii) continue to grow and evolve in how we pursue our mission and serve our members, including things like our new Fellows Program for new and young lawyers, funding a First Responders Will Clinic, providing free tuition and scholarships to new and young lawyers, and continuing to focus on diversity, inclusion, and other important issues and causes.

Under the Workgroup's proposal, in violation of current WSBA Bylaws, our Section's reserve fund would be forfeited to the WSBA's general operating fund. Some of it would be placed in a pooled resources account to be used by other sections, but it's clear WSBA intends to use much of the Section funds to cover its own administrative costs.

3.         Lost Autonomy. Your volunteer RPPT Section leadership currently has substantial autonomy in our budgeting and programming decisions. The Workgroup's proposals would give the WSBA staff power to control and veto the Section leadership's decisions regarding what types of programs to bring you and when and how to do so. This loss of jurisdiction and autonomy is directly contrary to the WSBA Bylaws provisions (Article XI) authorizing and defining the jurisdiction of the Sections and it is contrary to how RPPT has operated for decades.

What is our Response?

Your Section's leadership strongly opposes the policies advanced by the Workgroup. Membership in Sections is completely voluntary. We believe it is common sense that your membership dollars should go towards the Sections you elect to join. We are also very concerned about the loss of our treasury reserves, which we use for the purposes described above, and about the lost autonomy over our programming.

The RPPT Section is run by practicing attorneys - just like you. We do not believe the Bar's staff understands the challenges you face and the role you play better than we do.

We understand that the primary driver for all of the above is the WSBA's own declining financial reserves. A key concern pointed to is that some sections cost more to administer than the revenue they produce. But a quick review of the WSBA 2016 budget reveals that the net expense of administering all 28 sections is only $107,000, while administrative costs associated with operating the Board of Governors is $757,003, or 4.6% of the WSBA's total annual budget. We believe the better place for the WSBA to look is curtailing the BOG's administrative expenses.

In the short time since we learned of the proposals we have moved swiftly to respond. We have finalized our written feedback and that feedback was submitted to the Workgroup and the Board of Governors this afternoon. A copy of our response is attached to this email and is also located on the RPPT website (available here<http://www.wsbarppt.com/uploads/RPPT_Memo%20RE%20Sections%20Policies%20WEB%20LISTS.pdf>).

What can you do?

If you value the work of our Section, please act now to have your voice heard. The deadline for feedback to the Workgroup is this Friday, January 22nd. You may share your feedback by emailing sections at wsba.org<mailto:sections at wsba.org>. We also ask that you contact your Board of Governors representative.

Please know that your Section's leadership is committed to working on your behalf. We will strive to ensure you have continued access to the programming and resources you have come to expect.

Sincerely,

Heidi Orr, Chair
Real Property, Probate & Trust Section<mailto:sections at wsba.org>


Heidi L. G. Orr | Lane Powell PC
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1420 Fifth Avenue, Suite 4200
P.O. Box 91302 | Seattle, WA 98111-9402
Direct: 206.223.7742
OrrH at LanePowell.com | www.lanepowell.com
<mailto:sections at wsba.org>

Sherry Bosse Lueders | Of Counsel

Stacey L. Romberg, Attorney at Law
Telephone:  (206) 784-5305
Fax:  (206) 789-8103

Visit our website at http://staceyromberg.com/.

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