Summary Report of Vote on Resolutions at NCARB's 2010 Annual Meeting and Conference

2010 NCARB Annual Meeting and Conference
June 24-26, 2010
San Francisco, CA

San Francisco, CA—During the National Council of Architectural Registration Boards’ (NCARB) Annual Meeting and Conference in San Francisco, CA, delegates representing 52 of the Council’s 54 Member Boards that oversee the practice of architecture voted on the following resolutions:

RESOLUTION 2010-01: Handbook for Interns and Architects Amendment – Elimination of the Reciprocal Credentialing Opportunity Requirement for BEFA Eligibility
Passed

RESOLVED, that Section 2 of Chapter 3 of the Handbook for Interns and Architects be amended to read as follows:

2. Broadly Experienced Foreign Architect Program
Foreign Architects credentialed in countries NCARB determines offer reasonable reciprocal credentialing opportunities for U.S. architects may apply for NCARB certification through the Broadly Experienced Foreign Architect (BEFA) program set forth in this chapter. All information provided in the eligibility and application forms must be in English. English translations must be provided for all transcripts, credentials, and dossier documents. The interview will be conducted in English, without the assistance of a translator.”


RESOLUTION 2010-02: Handbook for Interns and Architects Amendment – Reducing Notice Period for IDP and Education Standard Requirements from 90 days to 60 days.

Passed

RESOLVED, that the paragraph “Changes to NCARB Education Standard and the IDP” of Chapter 4 of the Handbook for Interns and Architects be amended to read as follows:

“A change in the NCARB Education Standard or the IDP becomes effective on the date of the change as described in a notice given to all Member Boards, at which time such change shall also be posted on NCARB’s web site. The effective date shall be a minimum of 90 60 days after the date of such notice. Any change in the NCARB Education Standard and the IDP applies both to Records in process and new Records. An existing Record holder who has satisfied the NCARB Education Standard and/or the IDP prior to the effective date of the change shall be treated as having satisfied either or both.”


RESOLUTION 2010-03: Handbook for Interns and Architects Amendment – Revising the Alternative to the IDP
Passed

RESOLVED, that Section 3, Alternative to the IDP, of Chapter 1 of the Handbook for Interns and Architects be amended to read as follows:

“In lieu of completing the IDP, NCARB will accept either of the following:

1) Registration by an NCARB Member Board for at least five consecutive years together with a certification by the applicant that his or her experience as a registered architect met the intent of the IDP in each of the training areas, and verification by one or more other architects that the applicant obtained such experience. This alternative shall not apply to applicants initially registered after January 1, 2011.

1) Registration by an NCARB Member Board for five consecutive years and submission of evidence satisfactory to NCARB showing that your practice included exposure to each of the IDP training areas in the IDP Guidelines.

2) Five years of foreign experience as a principal in an organization whose architectural practice encompasses the comprehensive practice of architecture including each training category found in the IDP Guidelines and submission of evidence satisfactory to NCARB showing that your experience included exposure to each of the IDP training areas.

3) Registration by an NCARB Member Board before July 1, 1996, and satisfaction before or after that date of the NCARB training requirements existing on June 30, 1996.*

4) Satisfaction on or before June 30, 1996, of the NCARB training requirements existing on June 30, 1996.*

52) Satisfactory completion of the Canadian Intern Architect Program.

*The training requirements existing on June 30, 1996 can be found on the Council’s web site at http://www.ncarb.org/Certification-and-Reciprocity/Standard-Path-to-Certification/US-Requirements/Former-Training-Requirements.aspx”


RESOLUTION 2010-04: Bylaws Amendment – Providing for a Chief Executive Officer and Making Related Changes
Passed

RESOLVED, that a new Section 11 be inserted into Article VIII of the Bylaws as follows and that all following Sections be renumbered accordingly:

Section 11. Chief Executive Officer. The Chief Executive Officer shall be the senior appointed officer of the Council. Such person shall be appointed by, shall serve at the pleasure of and shall have such compensation and benefits as shall be established from time to time by the Council Board of Directors. The Chief Executive Officer shall have general charge of the management and administration of the Council’s affairs, the implementation of policies established from time to time by the Council Board of Directors and such other duties and powers as the Council Board of Directors may from time to time determine, subject always to the ultimate authority of the Council Board of Directors under applicable law and these Bylaws.

FURTHER RESOLVED, that Section 1 of Article VIII of the Bylaws be amended to read as follows:

“SECTION 1. Officers. The Officers of the Council shall be a the President/Chair of the Board, a the First Vice President/President Elect, a the Second Vice President, a the Secretary Treasurer, and a the Treasurer Secretary.”

And further, that wherever the word “President” now appears in the Bylaws the words “President/Chair of the Board” shall be substituted therefor.

And finally, that wherever the word “Executive Vice President” now appears in the Bylaws the words “Chief Executive Officer” shall be substituted therefor.

FURTHER RESOLVED, that Section 7 of Article VIII of the Bylaws be amended to read as follows:

“SECTION 7. President/Chair of the Board. The President/Chair of the Board shall be the senior elected officer of the Council and shall :

A. preside at all meetings of the Council, the Council Board of Directors, and the Executive Committee of the Council Board of Directors;

B. present to the Council at the Annual Meeting and Conference a report of activities during the President/Chair of the Board ’s term of office;

C. having identified identify individuals to serve on all standing committees while serving as First Vice President/President Elect , and appoint all members of standing committees subject to the approval of the Council Board of Directors;

D. having identified individuals to serve on all special committees while serving as First Vice President/ President Elect, appoint all members of special committees unless specific action of the Council names the personnel of the committees;

D. E. oversee the work of all committees in discharging their responsibilities; be an ex-officio member of all committees; and

E. F. represent the Council Board of Directors and its policies to all external and internal constituents including to the Chief Executive Officer perform all duties pertaining to the office of the President.; and

F. perform such other duties and powers as the Council Board of Directors may from time to time decide.


FURTHER RESOLVED, that Section 6 of Article VII of the Bylaws be amended to read as follows:

“SECTION 6. Duties. The affairs of the Council shall be managed under the authority and direction of the Council Board of Directors shall have the full management, direction, control, and administration of the property, affairs, and business of the Council. It shall exercise all authority, right, and power granted to it by the laws of the State of Iowa and shall perform all duties required by the said laws and by these Bylaws, and, in accordance therewith, it shall not delegate any of the authority, rights, or power or any of the duties imposed on it by these Bylaws or otherwise, unless such delegation is specifically provided for in these Bylaws.”


FURTHER RESOLVED, that the first sentence of Section 8 of Article VII of the Bylaws be amended to read as follows:

“SECTION 8. Executive Committee of the Council Board of Directors. The Executive Committee of the Council Board of Directors shall comprise the President/Chair of the Board, the Secretary, the Treasurer, the First Vice President/President Elect, the Second Vice President, the Treasurer, the Secretary, and the immediate Past President.”

FINALLY RESOLVED, that the title and text of Article III of the Bylaws be amended to read as follows:

“ARTICLE III — PURPOSE MISSIONS AND POLICIES
The purpose mission of the Council shall be to work together as a council of Member Boards to safeguard the health, safety, and welfare of the public and to assist Member Boards in carrying out their duties. Pursuant thereto, the Council shall develop and recommend standards to be required of an applicant for architectural registration; develop and recommend standards regulating the practice of architecture; provide a process for certifying to Member Boards the qualifications of an architect for registration; and represent the interests of Member Boards before public and private agencies, provided that the Council shall not purport to represent the interest of a specific Member Board without that Member Board’s approval.”


RESOLUTION 2010-05: Bylaws Amendment – Modifying Indemnification Provisions
Passed

RESOLVED, that Article XIII of the Bylaws be amended to read as follows:

In addition to such further indemnification as may be authorized by the Board of Directors from time to time consistent with applicable law, to the fullest extent permitted by law, including without limitation Section 504 of the Iowa Code known as the Revised Iowa Nonprofit Council Act (“RINCA”) and after the Council’s Board of Directors makes the determination that the standards of Section 504.852 of RINCA (or successor provisions) have been met for the specific proceeding at issue, any present or former director, officer, employee determined by Board of Directors to be an executive employee, or member of a Council committee, or the estate or personal representative of any such person, made a party to any action, suit or other proceeding, civil or criminal, by reason of the fact that such person is or was serving the Council as such, or serving at the Council’s request in any other entity or with respect to the Council’s employee benefit plan, shall be indemnified by the Council against the reasonable expenses, including without limitation amounts paid by way of judgment, fine or penalty and reasonable defense costs including attorney’s fees incurred in connection with the defense of such proceeding whether or not such defense shall be successful in whole or in part, or in connection with any appeal therein, or any settlement of any such proceeding on terms approved by the Council Board of Directors. Such indemnification shall not be deemed exclusive of any other rights to which such persons may be entitled. Any other present or former employee or agent of the Council may also be indemnified with the approval of the Council Board of Directors. Expenses incurred of the character described above may, with the approval of the Council Board of Directors, be advanced to any person entitled to indemnity upon satisfaction of the requirements of Section 504.854 (or successor provisions) of RINCA. The Council shall have the power to purchase and maintain insurance on behalf of any person described above, or any other employee, volunteer or agent of the Council, against liability asserted against or incurred by such person on account of his or her status as such, whether or not the Council would have the power to indemnify or advance expenses to such persons.