President's Message : John W. Nowicki: January 2004

 

Our Bar Association will be reviewing and acting on proposed Constitution and Bylaw Amendments at our next stated meeting to be held February 19, 2003. We were unable to consider these proposals at our last stated meeting since The Advocate was not published and mailed in time to give all of our members the required 30 days notice prior to a vote. Enclosed in this edition of The Advocate are copies of the two proposals.

The first proposed Constitution and Bylaw Amendment is to create a BCBA Budget and Finance Committee to be composed of officers of the Association and at least five past presidents of the Association who are appointed by the President. Also included is a line item budget format. This proposal also includes a provision for personal liability in the event any expenditure is made in excess of the amount budgeted for any individual line item.

This first proposal submitted was reviewed by the BCBA Executive Council and, after deliberation, referred to an Executive Council Sub-Committee composed of Baltimore County Attorney and Treasurer of the Maryland State Bar Association Edward Gillis, BCBA Secretary Dominick Garcia and C. William Clark for review. That sub-committee studied the proposed Amendment, reviewed the Maryland State Bar budget procedure and thereafter made recommendations to be considered by the BCBA Constitution and Bylaws Committee and the BCBA Executive Council.

The sub-committee recommendations were that a Budget and Finance Committee was appropriate but its committee members should be composed of the president, president elect, treasurer, two additional Executive Council members and two Association members, all of whom are to be appointed by the president. Also recommended were no debts are to be incurred in the name of the Association without approval of the Executive Council, expenditures shall be in conformity with the annual budget (a line item budget has already been implemented) and no BCBA expenditures shall be made in excess of amount authorized in the budget. These changes require only Bylaw Amendments. Enclosed in this edition is the sub-committee written recommendation.

The Constitution and Bylaw Committee composed of Chairman Don Feige, Vice Chairman Ed Fee and members Past President and Administrative Judge John Grason Turnbull II, Past President and Judge J. Norris Byrnes, Past President G. Warren Mix and Past President Nip Jenkins along with last years Constitution and Bylaw Committee Chair Stanley Hellman thereafter voted to recommend to the Executive Council that a Constitutional and Bylaws Amendment which follows the Gillis/Garcia/Clark format be passed.

The Executive Council approved this proposed Gillis/Garcia/Clark Constitutional and Bylaw Amendment to be voted on at our February 19, 2003 Stated Meeting. It is the opinion of the BCBA Executive Council that a line item budget and Budget and Finance Committee is appropriate. It is also the opinion of the BCBA Executive Council that personal liability is not appropriate and not necessary.

Judge Bollinger will serve as BCBA Parliamentarian for the Stated Meeting and for the balance of this Executive Council year.

Please review both proposed amendments. I ask that members come to the Stated Meeting and vote for the amendment they feel is in the best interest of the BCBA.