NACWA - Board Briefs

Home

June 2005 Board Briefs

Member Pipeline - Board & Committee Information - Board Briefs - June 22, 2005

June 22, 2005

Interest in NACWA Summer Conference Strong
NACWA’s 2005 Summer Conference, Wastewater Conveyance & Treatment. . . Navigating an Uncertain Regulatory Environment, is fast approaching. Our room block at the Westin Hilton Head is sold out – and the National Office staff is working closely with Board Members, speakers, and other attendees to ensure appropriate accommodations. This gratifying response to the conference will be matched by an excellent program focusing on critical developments and key issues.

During the Conference there are a number of Board committee meetings and events that you should be aware of as you plan your participation. They are as follows:

Tuesday, July 19
Morning
9:00 - 10:15 Strategic Planning Committee
10:30 - 11:45 Budget & Audit Committee
Afternoon
12:00 – 2:00 Council of Presidents
2:00 – 3:00 Membership Committee
4:00 – 5:30 Executive Committee
Evening
6:00 – 7:00 Welcoming Reception

Wednesday, July 20
Morning
7:30 – 8:45 Regulatory Policy Committee
Afternoon
12:15 – 2:00 Board of Directors Meeting
Evening
6:00 – 7:30 Reception

Thursday, July 21
Morning
7:30 – 8:45 Legislative Policy Committee
Afternoon
12:30 – 5:30 2005 NACWA Open Golf Tournament
Evening
6:00 – 7:30 Reception

Friday, July 22
Morning
7:30 – 8:45 Clean Water Funding Task Force

All receptions will take place at the Westin, which has a variety of different venues for evening events. The Spouse/Guest Lounge will be open Tuesday, July 19 – Thursday, July 21 from 8:00 – 10:00 am in the Elliott Room of the Westin Hilton Head. Board materials are slated to be forwarded to Board Members no later than July 5, 2005. We look forward to seeing you soon in Hilton Head.

FY 2006 Budget Undergoes Member Review
The member comment period on the Association’s preliminary Fiscal Year 2006 General Fund and Targeted Action Fund budgets concluded on Friday, June 17, 2005. No member comments were received. The budgets, along with an overview and analysis, were forwarded to the membership via Member Update 05 – 08 on June 1, 2005.

Council of Presidents to Convene in Hilton Head
Consistent with the vision he expressed at the May 2 Board Meeting, NACWA President, Donnie Wheeler has moved forward with plans to convene a Council of Presidents. Citing his view that the Association’s former presidents represent an untapped source of information, experience, and expertise, Wheeler will convene the Council of Presidents for the first time at the 2005 Summer Conference. As envisioned, the Council would meet with the new president of the Association shortly after the election, and be available as advisors on an ongoing basis thereafter. The Council of Presidents (COPs) will meet on July 19, 2005 in Hilton Head with a simple, yet meaningful agenda. President Wheeler has asked former presidents to share how they feel their talents could be more effectively used by NACWA; any lessons they learned as president that they feel are important to pass along; and, the one thing they feel they would most need to accomplish if they were NACWA President today. The Board’s officers will also attend the COPs meeting, and a full report will be provided to the Board at the July Board Meeting.

Clean Water America to Heighten Active Public Support of Funding
At the recent June 8 hearing on the clean water trust fund concept before the Subcommittee on Water Resources and Environment, Representatives made one point very clear — they need to hear directly from their voters back home that the need for increased federal funding is a priority. As part of the Clean Water Funding Task Force’s objective of increasing federal funding for clean water, it has provided significant funds to ensure that Americans become active and vocal participants on behalf of this objective through the grassroots, advocacy-based Clean Water America website (www.cleanwateramerica.org). Task Force leaders are meeting with the Clean Water America contractor at NACWA headquarters on June 27 for a key strategy session that will focus on driving individuals to the website through: 1) print and online advertising, 2) the purchase of addresses and e-mails of donors to environmental causes, 3) the purchase of addresses and e-mails of voters in politically targeted states and districts, and 4) maximizing the grassroots capabilities of other supporting organizations. The Task Force is currently funding the work of a summer intern, who is developing a contact list of likely supporters from a broad range of public health, religious, citizen, environmental, and industry groups. The Task Force has also agreed to use funds to hire a full-time contract employee to build on the intern’s work and perform the outreach and networking needed to expand organizational support for this initiative. An initial list of current supporting organizations can be viewed on the Clean Water America website (http://www.cleanwateramerica.org/about/sponsors.cfm).

MWRD Lawsuit Proceeds
The lawsuit brought by the Metropolitan Water Reclamation District of Greater Chicago (MWRD) seeking $44,854.00 from NACWA is moving at a steady pace. Following the May Board of Directors meeting, NACWA provided our Chubb appointed counsel Schueler, Dallavo & Casieri, Chicago, IL, with minutes of the Executive Committee’s February 1, 2005 meeting. The minutes document statements made at that meeting by MWRD’s Jack Farnan. In recent weeks:

MWRD amended its complaint against NACWA to add a declaratory judgment count, which asks the court to terminate the controversy by “declaring” that MWRD is entitled to the claimed amount as a matter of law. A court will not make a declaration if it believes important facts are disputed – a likely finding in this case. NACWA answered the amended complaint, reasserting that MWRD is not entitled to the amount sought.

MWRD served interrogatories on NACWA, asking for information on the Association’s position that dues are non-refundable and how requests for dues refunds have been handled in the past. NACWA’s responses, which were sent to MWRD on June 17, document the Association’s position that dues are non-refundable, state that NACWA has been and remains willing to provide MWRD with all membership benefits through the end of Fiscal Year 2005, and clarify that NACWA stopped providing MWRD with membership benefits only at MWRD’s direction.

NACWA served interrogatories on MWRD, asking for information regarding MWRD’s leadership role in the Association and representations made regarding events leading up to MWRD’s resignation. MWRD’s responses recently were received by our outside counsel and will be provided to NACWA shortly.

On June 20, the court denied a MWRD motion to strike NACWA’s affirmative defense that MWRD has prevented NACWA from fulfilling the membership “contract” they allege exists by refusing the Association’s offers to provide membership services. The court ordered NACWA to clarify our second affirmative defense, that to find a “contract” between NACWA and MWRD would violate “public policy.” NACWA will provide additional details to the court regarding this defense in the coming weeks.

The court also ordered MWRD and NACWA to attempt to discuss resolution of the case, and set August 11 as the next date for the parties to appear before the court.

We will keep the Board apprised of new developments as they occur.

NACWA Taps Key Committees, Continues Dialogue on Blending
With EPA stating recently that it will not finalize its November 2003 blending policy as proposed, the Agency is exploring new avenues to address the blending issue and NACWA is continuing to advocate for a consistent national policy. Although the status quo leaves blending in place as a legal municipal peak excess flow management practice, without a national policy inconsistent enforcement, ad hoc judicial proceedings and state-by-state regulatory actions will continue. To avoid this outcome, NACWA will continue a proactive dialogue with groups, such as the Natural Resources Defense Council, to determine whether there is the possibility of a common framework for moving forward with a national policy. Also, NACWA will work closely with Association Committee Chairs and Issue Leaders to develop a path forward on the blending issue. A conference call with these individuals has been scheduled for June 24. Blending will also be a central topic of discussion at the upcoming Summer Conference in July. Significantly, without a policy in place, the legal advocacy arena continues to be a focus for NACWA. In the wake of the U.S. Court of Appeals for the District of Columbia Circuit's June 3 decision that only a blending permit denial can be reviewed, NACWA is reaching out to member agencies that may be in this position in search of a case that may push the matter back to the courts. NACWA will continue to be involved in all aspects of the blending issue — legal, regulatory, and legislative.

NACWA Strengthens Government Affairs Capability
In an effort to further enhance its government affairs capability – and particularly its advocacy work in the regulatory arena – NACWA has hired Susie Bruninga as Manager, Regulatory Affairs. Susie will replace Will Petitt, who has chosen to pursue work outside of the water quality arena. Susie is slated to join NACWA’s National Office staff on July 12 – and will be in attendance at the upcoming 2005 Summer Conference.

Susie brings with her extensive reporting, writing, and editing experience on environmental policy, law, and regulation for BNA, Inc. Since 1999 she has served as Senior Reporter for BNA’s Daily Environment Report and Environment Reporter with a primary focus on issues relating to the Clean Water Act, including the total maximum daily loads program under Section 303(d) and the wetlands program under Section 404; and the Environmental Protection Agency’s budget, including efforts to boost funding for infrastructure.

Susie has attended numerous NACWA conferences and is well-acquainted with our issues -- and our members. We anticipate that the extensive experience and expertise that Susie will bring to our staff will further support our collective goal of moving NACWA forward as the leading advocate for responsible national policies that advance clean water and a healthy environment.

Schedule for Future Board Briefs Released
NACWA’s Board Briefs provide the Association’s Board Members will routine updates on key issues and initiatives. Intended as an information ‘bridge’ between meetings of the Board, the Briefs are published on a monthly basis, except during months in which Board meetings occur. The schedule for the Board Briefs, through July of 2006 (our next Annual Meeting) follows:

None in July (Summer Conference)

August 19, 2005

None in September (Fall Leadership Meeting)

October 21, 2005

November 18, 2005 (November/December due to Holidays)

January 20, 2006

None in February (Winter Conference)

March 17, 2006

April 21, 2006

None in May (Policy Forum)

June 16, 2006