[WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section
Wil Harlock
wilharlock at gmail.com
Wed Jan 20 16:30:21 PST 2016
Good response Geoff! I just sent an email to my BOG member (don't fix
what's not broken), and encourage others to do the same.
Wil H.
Wilhelmina C. Harlock, Attorney
Estate Planning, Wills & Probate
GAL 26 & 11 / Certified Mediator
PO Box 279
720 Main St, Suite 227
Mount Vernon, WA 98273
Tel: 360-593-5594 Fax: 360-404-7110
Email: <mailto:wilharlock at gmail.com> wilharlock at gmail.com
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. Geoffrey Gibbs
Sent: Wednesday, January 20, 2016 4:20 PM
To: WSBA Probate & Trust Listserv
Cc: adgipe at shatzlaw.com; paulal at wsba.org; dpb at site7000.com;
dml at dmliebmanlaw.com; Bill Hyslop (whyslop at lukins.com);
rle at wechslerbecker.com; walawj99 at yahoo.com
Subject: Re: [WSBAPT] Please Read if You Value the Real Property, Probate &
Trust Section
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
<mailto:ggibbs at andersonhunterlaw.com> ggibbs at andersonhunterlaw.com /
<http://www.andersonhunterlaw.com/> 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. 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.
<mailto:sections at wsba.org> Sincerely,
Heidi Orr, Chair
Real Property, Probate & Trust Section
<mailto:sections at wsba.org> Heidi L. G. Orr | Lane Powell PC
Shareholder | Bio | vCard
1420 Fifth Avenue, Suite 4200
P.O. Box 91302 | Seattle, WA 98111-9402
Direct: 206.223.7742
OrrH at LanePowell.com | www.lanepowell.com
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/> http://staceyromberg.com/.
This email may contain information that is privileged, confidential, or
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