Burlington, Vermont – Sunday August 4, 2024 through Thursday, August 8, 2024
Call to Order
President Jenny Kitchings (SC) called the 51st Annual Meeting of the National Conference of Appellate Court Clerks to order at 1:25 p.m. on Sunday, August 4, 2024. She welcomed everyone to the conference. President Kitchings thanked the outstanding Executive Committee members and also thanked the Committee Chairs.
Roll Call of States
Sherry Williamson (TX) called the roll of states, recognizing each person registered and present.
Quorum
Steve Lancaster (IN) was introduced as the parliamentarian for the meeting and confirmed that a quorum was present.
Approval of Minutes
President Kitchings called for a motion to approve the 2023 Annual Meeting Minutes. Polly Brock (CO) moved to approve the minutes of the Fiftieth Annual Meeting of the National Conference of Appellate Court Clerks in Detroit; Tracie Lindeman (AZ) seconded; motion carried.
Recognition of Passed Members
President Kitchings recognized the members who passed in the last year: Frans Labranche (LA); Jean Kennett (MA); Alan Herman (DC); and Reba Mims (SC). She noted that Reba’s husband crafted the gavel used by each NCACC President at the annual meetings. A moment of silence was held in remembrance of these members.
President’s Report
President Kitchings stated that it has been a great year for our organization. She encouraged all members to sign up for the Committees, as it is the best way to stay involved. President Kitchings gave an overview of the year. At the fall meeting, the Executive Committee voted to continue using the National Center as Secretariat for the organization. The Committee also discussed encouraging family members of deceased members to maintain contact with the NCACC. A motion to remove the $25 fee for survivor associates carried, and the Committee will work with next year’s Awards, Resolutions, and Memorials Committee to effectuate a change to the letter of invitation sent to family members of deceased members.
In December, an ad hoc virtual Executive Committee meeting was held to discuss utilizing Maritz instead of ConferenceDirect to assist in contract negotiations for future conferences. After careful consideration, meetings with Maritz representatives, along with Sirena Kestner and Jennifer Haire of the NCSC, the Executive Committee decided to utilize Maritz to negotiate our 2026 and 2027 conferences, then reassess the situation. At the spring meeting, the Committee unanimously agreed to ask Liz Garcia to take Mike Cruz’s place, and Liz accepted.
We also discussed a proposal by the Finance and Investment Committee to move our investment portfolio from Truist to Wells Fargo. An ad hoc virtual meeting was held on July 1 to review the responses received from the Finance and Investment Committee. A motion to transition our investment account to Wells Fargo pursuant to the initial investment strategy proposed by Wells Fargo carried. The Finance and Investment Committee recommended investing more money from the operating account. At yesterday’s Executive Committee meeting we revisited the issue. A motion to leave $45,000 in our operating account and invest the rest without a restriction on use of those funds or how they are invested, consistent with our current investment strategy, passed unanimously.
At yesterday’s Executive Committee Meeting, the Committee passed a motion from the Bylaws Committee to hold off on bylaws revisions for 2 years subject to emergency matters to allow the committee to conduct a comprehensive plain language review and passed a motion approving the Scholarship Committee’s changes to its operating guidelines. The Committee engaged the services of Steve Circeo to act as our webmaster for one year. Finally, the Committee approved testing of an NCACC Microsoft Teams environment. President Kitchings thanked the amazing committee chairs and vice chairs, who harnessed the power of committee work to propel the NCACC forward.
Committee Reports
Awards, Resolutions and Memorials Committee
Laura Roy (MI) thanked all the committee members. The Executive Committee approved recommendation for this year’s J.O. Sentell award. A host plaque was ordered to present to Tim Gudas on Thursday. There will be no Thomas Morgan award recipient this year. The A.R.M. Committee prepared memorial resolutions for four valued members who have passed since the Detroit Conference including Frans Labranche, Jean Kennett, Alan Herman and Reba Mims. Retirement awards will be given to Sheila Reiff (WI), Eydie Gaiser (WV), Mark Reynolds (NM), Daniel Potter (CA), Wendy Wussow (NE), Steve Castlen (GA), and Joe Stanton (MA). A total of 76 resolutions have been prepared to honor the Convention Assistance committee, hotel staff, speakers, and vendors. Laura Roy moved to approve all of the resolutions and memorials; Greg Hilton seconded; motion carried.
Bylaws Committee
Megan Rhodebeck (VA) reported the Bylaws Committee reviewed two related items regarding the listserv provision in the bylaws and plain language review of the bylaws. Megan reported that no amendments made it out of the committee this year. The Committee will do a “plain language” review of the Bylaws in the next couple of years.
Communications Committee
Tristen Worthen (WA) reported that all four newsletters were sent out. She recognized the members of the committee. The Communications Committee teamed up with the Technology Committee and the last version of The Docket was published as a web version, rather than a newsletter. Questions on who will be uploading future editions of The Docket and should it be accessed by public or members only. The outdated physical tri-fold brochure version is also now electronic and is available on the website.
Contracts Committee
Lisa Dolph (DE) reported that the following contracts were reviewed and completed this year.
- Marriott Albuquerque for the fall 2023 Executive Committee meeting
- Marriott contract for the 2025 conference in Albuquerque
- NCSC contract for continued service as secretariat for NCACC
- Embassy Suites contract for the spring Executive Committee meeting in Greenville, SC
Convention Assistance Committee:
Emily Weatherall (VT) reported that the Committee will keep things going throughout the week. President Kitchings reported that the Trail Blazer will be awarded, so the members should share their horrible travel experiences with the Committee.
Educational Fund Committee
President Kitchings reported that there are no matters that were handled by the Committee this year.
Finance and Investment Committee
Jim Hivner (TN) reported that overall, the Conference is in good financial position and the Finance & Investment Committee continues to monitor the activities of the investments of the Conference. The Committee is proceeding forward with the transition to Wells Fargo.
As of June 1, 2024: The Conference currently maintains three financial accounts as follows:
- Operating Account (Truist) – Balance of $108,349.45 as of April 23, 2024;
- Investment Account (Truist) – Balance of $185,702.06 as of April 30, 2024;
- Conference Account (Truist) – Balance of $34,211.26 as of April 30, 2024.
Membership & Pictorial Committee
Scott Mitchell (AL) thanked the Committee members. He reported that the Committee reviewed the membership roster and updated the directory. As of July 15, 2024, the organization currently has 249 members. He noted that 45 states and territories are represented in the membership; 44 courts of last resort; 68 intermediate appellate courts; and 7 federal courts. The Committee collaborated with Thomson Reuters to update the pictorial directory. Scott encouraged all NCACC members to invite colleagues who are not yet part of our association to join.
Nominating Committee
Stacey Pectol (FL) thanked the members of her committee. She was pleased with the number of nominations received. The Nominating Committee presented the following candidates:
President Elect – Scott Mitchell (AL)
Vice President – Colette Bruggman (CA)
Secretary – Claudia Jenks (TX)
Executive Committee:
Member – Elizabeth Garcia (NM)
Member – John Tomasino (FL)
Member – Tristen Worthen (WA)
Member – Kristina Samuels (FL) (one year of remaining term vacated by Michael Cruz (TX))
Past Presidents Committee
Greg Hilton (MD) reported (see report)
Program Committee
Polly Brock (CO) thanked the committee members. The program will play out during the week.
Scholarship Committee
Lilia M. Oquendo-Solís (PR) thanked the Committee members. She reported that the committee received one scholarship application in the amount of $540.20. The Committee presented its recommendation to the Executive Committee for approval and the recommendation was approved as submitted.
Site Selection Committee
Larry Royster (MI) thanked the Committee members. He reported that two outstanding bids were received for 2027: 1) Annapolis and 2) Tampa Bay (St. Pete) Florida. A form has been developed to use in the future to assist in identifying amenities and positive aspects of locations.
Strategic Planning Committee
Colette Bruggman (CA) thanked the Committee members. The Committee had six charges to review. Per the report, the Strategic Planning Committee discussed charges and made recommendations to the Executive Committee. The Committee stated the most effective way to promote membership growth is by person-to-person contact. This could include an introductory letter from the President with a follow-up phone call from the Membership Committee — this process may already be in place. In addition, the NCACC should make a concerted effort to expand membership to include tribal court appellate clerks.
The Committee discussed providing a virtual option for attending the annual business meeting and conference. However, it competes with the ability of the NCACC to put on a viable conference, the concern being that the conference would not be able to meet its contractual obligations with the hotel if too many members decided to participate remotely.
The Committee thought that some essential committees would benefit from having both a Chair and Vice-Chair, with the latter becoming Chair in the second year of a term; however, overall, the Committee thought the three-year term was too onerous for members and would have a negative impact on volunteering for committees.
The Committee agreed that uploading Committee documents to a designated page on the NCACC website for both archive and continuity would benefit the NCACC. The Strategic Planning Committee briefly discussed dues and whether a dues increase is warranted.
Technology Committee
Brian Cotta (CA) thanked the Committee members. Per the report, the Committee worked on finalizing the retainer agreement with webmaster Steve Circeo, procuring a Microsoft 365 tenant in the name of the Conference, and reviewing an electronic newsletter mock-up, prepared by Steve Circeo, of our October 2023 newsletter. John Tomasino (FL) successfully set up a Microsoft Teams environment and created teams for the Technology and Communications Committees and a team for the Executive Committee. Reported testing is going well.
Special Committees
President Kitchings reported that she saw the need to create two new special committees charged with fostering ahospitable environment where all members and guests feel welcome and included.
- Hospitality and Engagement Committee wasn’t able to meet so no report was presented and
- Morgan Thomas Slideshow was created for the specific purpose of ensuring the continuation of the Morgan H. Thomas Slideshow. Amy Wood served as chair of this committee, along with Program Chair Polly Brock and Vendor Chair Casey Forbes.
President Kitchings called for a motion to accept all the Committee reports; Greg Hilton made a motion to accept the reports; Julie Clement seconded. Point of error was called. Greg Hilton moved to amend his report to accept all thecommittee reports, except the Nominating Committee report; Julie Clement (MI) seconded; motion carried.
President Kitchings called for a motion to adjourn the business meeting until Thursday, August 8, 2024, at 11:15 a.m.; Irene Bizzoso (PA) so moved; Matt Hall seconded; motion carried.
Meeting was adjourned at 3:13 p.m.
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The 51st Annual Business Meeting resumed at 11:05 a.m. on Thursday, August 8, 2024 with a call to order by President Jenny Kitchings (SC). Steve Lancaster (IN), Parliamentarian, noted the presence of a quorum.
Nominating Committee
Stacey Pectol presented the slate of nominations to the members:
Vice President – Colette Bruggman (CA)
Secretary – Claudia Jenks (TX)
Executive Committee:
Member – Elizabeth Garcia (NM)
Member – John Tomasino (FL)
Member – Tristen Worthen (WA)
Member – Kristina Samuels (FL) (one year of remaining term vacated by Michael Cruz (TX))
President Kitchings asked for further nominations from the floor. No further nominations from the floor were made. Jim Hivner (TN) moved to close nominations; Laura Roy (MO) seconded motion. Having no further nominations, nominations closed. President Kitchings congratulated the new officers and Executive Committee Members.
President Kitchings asked for a motion to approve the slate of nominees as suggested by the Nominating Committee. Nathan Wilson (AL) made a motion to approve the slate of nominees and Brian Cotta (CA) seconded, all approved; motion carried.
President Kitchings asked if any additional matters need to be addressed and then asked for a motion to approve Committee reports. A motion to accept all the committee reports was made by Lonn Weissblum (FL); Greg Hilton (MD); all approved; motion carried.
President Kitchings made a few statements for the good of the order. She thanked Polly Brock for an exceptional program, Casey Forbes who served as vendor chair this year, John Tomasino for moving on technology for the association, and Larry Royster for all support regarding the website and bringing Steve Circeo on board. She also thanked Tristen Worthen for her efforts regarding the publications and Liz Garcia for hosting us in Albuquerque. She also thanked Past President Greg Hilton, President-Elect Doug Shima, and Vice President Scott Mitchell for their support during her presidency.
Gavel passed to President Doug Shima. He asked members to work together for the organization. As President, he proposed the following challenges: asked that members engage by joining an NCACC committee, creatively thinking how we can make this organization even better, and reaching out to the clerks around the country. He encourages his wellbeing to practice “gratitude with attitude” by expressing thanks for everything and everyone around you. He thanked Past Presidents Jenny Kitchings and Greg Hilton for their hard work and leadership.
Doug presented Jenny with a gift of her favorite teams.
Tracie Lindeman (AZ) moved to conclude the business meeting; Sherry Williamson (TX) seconded the motion; all approved; motion carried.
The meeting was adjourned at 11:25 a.m.