Oregon State Bar

Special Meeting of the Board of Governors

May 12, 2000 – Lake Oswego

Mission Statement: The mission of the Oregon State Bar is to serve justice by promoting respect for the rule of law, by improving the quality of legal services, and by increasing access to justice.

Open Session Minutes

The meeting was called to order by President Rew on Friday, May 12, 2000 at 12:20 p.m. The open session was from 12:20 a.m. to 12:55 p.m. and 1:20 p.m. to 1:25 p.m. The executive session was from 12:55 p.m. to 1:20 p.m. All members of the Board of Governors were present with the exception of John Tyner. Staff present were Karen Garst, Executive Director; Sandy Hise, Executive Assistant; Kay Pulju, Communications Manager; and Bob Oleson, Public Affairs Director. Also present from the PLF Board was Tom Peachey.

1.Appearances/Special Issues

A.PLF matters

Mr. Rew reviewed the purpose of the meeting to discuss the following matters. Ms. Garst apologized that she had been mistaken when she said there was not an article in The Oregonian regarding the Pranger matter. She indicated that a meeting had been held to discuss media communications regarding Pranger. An article on November 20, 1999 by Jeff Manning did mention Pranger.

1.Update on work of PLF Policies and Procedures Task Force

Mr. Peachey reported that the task force’s draft report will be reviewed at its May 25 meeting. Concrete and clear recommendations regarding policies are expected. It is anticipated that the report will be relatively final by the first week in June.

Mr. Rew described the mountain of material reviewed by the PLF Policies and Procedures Task Force. He felt they had interviewed nearly every plaintiff’s attorney handling malpractice in Oregon. The meetings have been very open, the hard work and dedication of the task force members has been incredible, and the committee charge has been followed faithfully.

2.Approve charge to PLF Governance & Structure Special Committee

Mr. Harnden proposed not outlining a specific charge for the PLF Governance & Structure Special Committee. He felt the group needed more leeway and would be limited by a committee charge.

3.Update on work of PLF Governance & Structure Special Committee

Mr. Harnden indicated that the special committee has had two lengthy meetings involving thorough discussions about what won’t be done again, what’s working, what’s not working, and where the bar wants to be in three years.

Four hour meetings are scheduled on May 18 and June 10. The PLF Governance & Structure Special Committee plans to analyze key issues and recommendations for discussion at a special joint meeting of the BOG/PLF Board of Directors (BOD meeting tentatively scheduled on June 30. Steven Hacker, consultant, was hired to facilitate the May 12 committee meeting and is doing an excellent job.

Action:Mr. Harnden moved, Mr. Williamson seconded, to direct the PLF Governance & Structure Special Committee to examine all issues and collect information necessary to report back by June 30 with recommendations on how to deal with PLF governance issues impacting the Board of Governors and the PLF Board of Directors. The motion was approved by the board (15-0-1; absent Tyner).


4.Update on work of PLF CEO Search Committee

Mr. Orf reported the bar has hired Roger Pringle to assist with the PLF executive search process. Mr. Pringle worked with the bar in its executive director search in 1996. Mr. Orf reviewed highlights of the meeting with Mr. Rew, Mr. Peachey and Mr. Pringle on May 12. He felt the process is on track and that Mr. Pringle is familiar with needs of the bar to hire a chief executive officer for the Professional Liability Fund. Mr. Pringle addressed the necessity for governance issues and related criteria need to be clarified for the search process.

Mr. Orf discussed plans to determine whether an interim leader of the PLF is required. The pros and cons of designating an acting CEO were discussed. Mr. Peachey indicated that Mr. Hall has offered to be available as a resource for three months after his June 1 resignation and to conduct the reinsurance process with Lloyds of London on a consulting basis in the Fall. Mr. Davis encouraged an aggressive approach to considering an interim PLF leader – someone with the credibility to assure the members and to instill trust. Mr. Peachey indicated that process is underway and shared in Mr. Davis’s concerns. Ms. Cohen hoped this step would dispel any perception that Mr. Hall may be continuing to run the PLF operations in the background. Mr. Peachey expressed the desire to have a very clear delineation about who is in charge of PLF operations.


3.Good of the Order

A.Plans for the Past BOG Dinner on June 2 were discussed and board members were asked to make personal calls to encourage attendance. Regional lists of invitees and their phone numbers were distributed to the board for this purpose.


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