AGENDA TOPIC #4
2013 ANNUAL MEETING
Hartford, Connecticut
Submitted By:
Tampa Bay Paralegal Association
Co-Sponsor:
Arkansas Paralegal Association
Indiana Paralegal Association
Topic:
Amendment of Resolutions 94M-11, OOS-4, 01S-7 and 05-09
Description: This topic suspends all outstanding and future payments to the Foundation
for the Advancement of the Paralegal Profession (“FAPP”) of the net profits from PACE ®
materials, registration fees and continuing legal education credits for seminars and
directs that said funds be reallocated to promote both NFPA® certification examinations
and for any other means the NFPA Board of Directors deems appropriate to support
NFPA®’s goals and professional growth.
History: Pursuant Policy 94M-11, the net profits from the PACE® were to be received by
FAPP, but that until such time as NFPA® was fully reimbursed for the development costs,
no monies would be paid to FAPP.
Policy 00S-4 amended 94M-11 to clarify net profits that net profits from PACE®-related
items would be considered part of the administration of the PACE® and would be applied
to the reimbursement of development and ongoing maintenance costs incurred.
Policy 01S-7 amended 94M-11 and 00S-4 to clarify language that beginning with fiscal
year July 1, 2001, the net profits from the sale of all PACE® materials, registration fees
and continuing legal education credits for seminars are to be used to offset the
development and ongoing maintenance costs of PACE®. Those materials were deemed
to be, but were not limited to, study manuals, candidate handbooks, videos, diskettes and
RP® pins.
Resolution 05-09 amended 94M-11, 00S-4 and 01S-7 to state that effective January 1,
2006, net profits from the sale of all PACE® materials, registration fees and continuing
legal education credits for seminars would be equally divided between NFPA® and FAPP.
Current Situation: At the present time, FAPP receives one-half of the net profits from
the sale of all PACE® materials, registration fees and continuing legal education credits
for seminars.
Strategic Long Range Plan: (State the goal this agenda topic relates to and how it would
advance the goal): At the time the initial resolution and subsequent resolutions were
passed, NFPA® desired to help enable a like-minded group of leaders in the paralegal
profession to establish a foundation whose goals and actions were in line with NFPA®’s
mission statement and goals for the growth of the paralegal profession. At the time of the
passage of the initial resolution and each subsequent amendment, NFPA® had one
professional certification examination in place to promote, market, and maintain. With the
creation of the PCC® exam, NFPA® has the additional burden and expense of marketing
two examinations and educating paralegals, paralegal students and paralegal educators
about this new examination, their eligibility to sit for same and the advantages and
distinctions certification brings to the paralegal. Additionally, in order to keep both of
these exams viable and current, NFPA® will need to budget for the expense of regularly
updating the examination questions and review materials. The PACE was last updated in
2007 at a cost of $37,870.14. This exam should be updated every five years, but due to
financial constraints, it was not updated in 2012 or 2013. Suspending the payments to
FAPP would assist in enabling NFPA to fund the update of the PACE.
Further, as many states adopt or address voluntary or mandatory regulation of the
paralegal profession within their states, whether through legislation or voluntary
registration with state and local bar associations, NFPA® must be prepared to educate
and inform those parties of the two levels of voluntary certification available through
NFPA® which should be included in any legislation, regulation or voluntary registration
documents. NFPA® must also address those regulatory rules or regulations already in
place in various states and effectively lobby the appropriate governing body for
amendments to recognize both PACE® and the PCCE®.
Further, FAPP is an independent, autonomous foundation. Through NFPA®’s generous
support throughout the years, FAPP has been granted funds in excess of $23,000. FAPP
is not without means to market and promote its foundation. These means include the
Foundation’s website, membership, various programs, including the “Essential Pieces
Campaign” and through the support of other likeminded associations and/or foundations.
As NFPA® seeks to form strategic alliances with other associations and/or foundations
with goals similar to or in support of the paralegal profession, NFPA® should seek to
maintain its close relationship and support with FAPP in that same manner. NFPA®
should explore engaging with FAPP in manners suggested by FAPP’s own website, to
include: reciprocal website links; reciprocal website advertising; endorsing the Foundation
by including information about the Foundation in our membership information; and
partnering with the Foundation to provide training or white papers. As the Foundation
currently stands, NFPA® does not currently receive any benefits or promotion from FAPP
or through its website. FAPP does not provide a link or specific information on NFPA® on
its website. NFPA®’s only presence in return for its continued support to the Foundation
over the years is the benefit of a NFPA® Coordinator within the board who advises of the
Foundation’s activities from year to year and a PACE® logo on the mission statement
page.
Detailed description of recommendations, if a bylaw amendment, a
resolution must be included:
WHEREAS, NFPA® delegates authorized the creation of a foundation for
the purposes of promoting the paralegal profession and authorized funding for such
foundation from the net profits from the PACE®; and,
WHEREAS, Policy 94M-11 stated that until such time as NFPA® was fully
reimbursed for the development costs associated with the PACE®, no monies would be
paid to the foundation; and,
WHEREAS, Policy OOS-4 amended 94M-11 to clarify that net profits from
the sale of PACE® items (i.e., study manuals, candidate handbooks, videos, diskettes,
RP® pins, etc.), and profits from continuing legal education credits for seminars be
considered part of the administration of the PACE® and therefore be applied to the
reimbursement of the development and ongoing maintenance costs incurred; and,
WHEREAS, Policy 01S-7 amended OOS-4 and 94M-11 to clarify language
that beginning in fiscal year July 1, 2001, the net profits from the sale of all PACE®
materials, registration fees and continuing legal education credits for seminars shall be
used to offset the development and ongoing maintenance costs of PACE®. Those
materials shall include, but not be limited to, study manuals, candidate handbooks,
videos, diskettes and RP® pins; and,
WHEREAS, Resolution 05-09 amended Policy 94M-11, OOS-4 and 01S-7
to provide that beginning January 1, 2006, the net profits from the sale of all PACE®
materials, registration fees and continuing legal education credits for seminars shall be
equally divided in half between NFPA® and the non-profit Foundation; and,
WHEREAS, NFPA® has paid a total of $23,462.21 through 2012 to FAPP,
which represents one-half (1/2) of the net profits from the sale of all such materials, from
registration fees and continuing legal education credits for seminars for 2008 through
2010; and,
WHEREAS, NFPA® has budgeted $5,000.00 for 2011 and $4,500.00 for
2012 ($9,500.00 total budgeted), which represents an estimated one-half (1/2) of the net
profits from the sale of all such materials, from registration fees and continuing legal
education credits for seminars for those years, but said payments have not been made or
authorized at this time;
WHEREAS, as of May 31, 2013, the Statement of Financial Position of
NFPA® reflected a total bank balance of $27,903.70 and a total net worth of $63,318.55;
NOW, THEREFORE, BE IT RESOLVED, that Policy 94M-11, OOS-4,
01S-7 and 05-09 be, and they hereby are, amended as follows:
RESOLVED, that effective immediately, all outstanding and future
payments of one-half (1/2) of the net profits from the sale of all PACE® materials,
registration fees and continuing legal education for seminars to FAPP shall be, and they
hereby are, suspended; and,
FURTHER RESOLVED, that effective immediately, all net profits from the
sale of all PACE® materials, registration fees and continuing legal education for
seminars shall be reallocated to promote both NFPA® certification examinations and for
any other means the NFPA Board of Directors deems appropriate to support NFPA®’s
goals and professional growth,
FURTHER RESOLVED, that the NFPA® Board of Directors shall be, and
they are hereby, directed to implement this change in the application of net profits from
the PACE® program.
Pros: It will enhance the financial position of NFPA® by allowing NFPA® to retain the full
profits of the PACE® materials, registration fees, and continuing legal education
seminars, and to use those funds to promote both NFPA® certification examinations and
for any other means the NFPA Board of Directors deems appropriate to support NFPA®’s
goals and professional growth.
Cons: None.
Financial Cost: There will be no financial cost to NFPA® as a consequence of the
passage of this resolution.
Number of volunteers and estimated hours needed: None.
State Any Known Legal Implications: None
Have you reviewed NFPA®'s Bylaws, Policy Manual and Procedures Manual to
determine if there are any conflicts? Yes. None were found.
An Agenda Topic must have attached to it all previous year's resolutions relating
to the subject. When a specific Resolution is submitted, it must specifically
include any previous resolutions' wording in order to overcome the presumption
that previous resolutions are rescinded in total. Resolutions
94M-11, OOS-4, 01S-7 and 05-09 are all attached.
Resolution 94-M11
WHEREAS the National Federation of Paralegal Associations ("NFPA") endorses, as stated in NFPA's
regulation policy, the implementation of regulation to establish standards for all paralegals on a state-by-state
basis insofar as its implementation is consistent with the NFP A Mission Statement and expands the utilization
of paralegals to deliver cost-efficient legal services as determined by NFP A member associations in the
affected jurisdictions; and
WHEREAS NFPA currently does not have the authority to implement mandatory licensing; and
WHEREAS it is the desire of NFPA to establish a two-tiered proficiency-based testing program to enhance the
growth and development of the paralegal profession; and
WHEREAS NFPA has determined the criteria for establishing and implementing such a test.
NOW THEREFORE BE IT RESOLVED: That the National Federation of Paralegal Associations ("NFPA") shall
establish an advanced two-tiered proficiency-based test (the "Test") for the paralegal profession; and
FURTHER RESOLVED: That the taking of the Test shall be voluntary; and
FURTHER RESOLVED: That the First Tier of the testing program shall include general (not specific to practice
areas), ethics, and state-specific sections; and the Second Tier of the testing program shall consist of testing
in areas of specialization; and
FURTHER RESOLVED: That the First Tier must be taken prior to, or in conjunction with, the Second Tier; and
FURTHER RESOLVED: That the following criteria shall be met in order to be eligible to take the Test:
(1) Education
(a) a Bachelor's degree;
AND
(b) completion of a paralegal program within an institutionally accredited school. Said
paralegal program may be embodied in the Bachelor's degree.
(2) Work experience
(a) First Tier- 2 years work experience as a paralegal.
(b) Second Tier - 4 years work experience as a paralegal.
FURTHER RESOLVED: That grandparenting provisions shall apply as follows:
(1) First Tier - the above education criteria may be waived for paralegals with a minimum of 3 years
work experience as a paralegal; and
(2) Second Tier - The above education criteria may be waived for paralegals with a minimum of 5
years work experience as a paralegal.
To qualify for the grandparenting provisions, a paralegal must make application to take the Test within
one (1) year following the date the Test is activated. The time period within which one must
commence taking the Test shall be determined at a later date.
FURTHER RESOLVED: That a committee comprised of paralegals, attorneys, paralegal educators who are
not attorneys, and members of the general public shall be established to develop the Test in conjunction with a
professional testing company; and
FURTHER RESOLVED: That NFPA shall retain ownership of the Test; and
FURTHER RESOLVED: That the Test shall be administered by an independent entity for a fee; and
FURTHER RESOLVED: That NFPA shall establish a foundation to receive the net income generated from the
administration of the Test and the funds shall be utilized exclusively for the expansion of the paralegal
profession.
Resolution 00-S4
WHEREAS, pursuant to Policy 94M-11, the net income generated from the administration of the PACE
exam is to be received by the non-profit foundation established for the expansion of the paralegal profession;
and
WHEREAS, until such time as NFPA is reimbursed in full for the development costs associated with the
PACE exam, no moneys are going to said foundation; and
WHEREAS, it is unclear in Policy 94M-11 whether the net income from the sale of PACE-related items
(i.e., study manuals, candidate handbooks, videos, diskettes, RP pins, etc.) and income from continuing legal
education credits for PACE-related seminars be considered part of the administration of the PACE exam and
therefore be applied to the reimbursement of development and ongoing maintenance costs incurred or to be
incurred by NFPA.
NOW THEREFORE BE IT RESOLVED, that Policy 94M-11 be amended to add the following:
FURTHER RESOLVED, that beginning fiscal year July 1, 2001 the net income realized by the sale of all
PACE-related materials and the net income realized from PACE registration fees and continuing legal
education credits for PACE-related seminars not be treated as non-dues income to NFPA and shall be used to
offset the development and ongoing maintenance costs of PACE . PACE-related materials shall include, but is
not limited to, study manuals, candidate handbooks, videos, diskettes and RP pins; and
FURTHER RESOLVED, that the NFPA Board of Directors be and they are hereby directed to maintain the
individual cost of the PACE exam at a rate not to exceed $250 until the NFPA Annual Meeting in May 2002 at
which time should the costs of the exam exceed the income, a further fee increase may be considered.
RESOLUTION 01S-07
NOW THEREFORE BE IT RESOLVED, that Policy OOS-4 be amended as follows:
FURTHER RESOLVED, that beginning fiscal year July 1, 200I the net income realized by the sale of all
PACE-related materials and the net income realized from PACE registration fees and continuing legal
education credits for PACE-related seminars shall be used to offset the development and ongoing
maintenance costs of PACE. PACE-related materials shall include, but is not limited to, study manuals,
candidate handbooks, videos, diskettes and RP pins; and
FURTHER RESOLVED, that the NFPA Board of Directors be and they are hereby directed to maintain the
individual cost of the PACE exam at a rate not to exceed $250 until the NFPA Annual Meeting in
May 2002 at which time should the costs of the exam exceed the income, a further fee increase may be
considered.
RESOLUTION 05-09
Resolution: Amend 94M-11, OOS-4 and 01S-7.
WHEREAS, pursuant to Policy 94M-11, the net profits generated from the administration of the PACE exam is
to be received by the non-profit foundation established for the expansion of the paralegal profession; and
WHEREAS, until such time as NFPA is reimbursed in full for the development costs associated with the PACE
exam, no moneys are going to said foundation; and
WHEREAS, NFPA in the 2004-2005 budget lists a minimal total profits from PACE; and
WHEREAS, NFPA is does not have a policy to direct the any net profits generated from PACE to the nonprofit foundation established; and
WHEREAS, Policy OOS-4 amended 94M-ll to clarify the net profits from the sale of PACE-related items (i.e.,
study manuals, candidate handbooks, videos, diskettes, RP pins, etc.) and profits from continuing legal
education credits for PACE-related seminars be considered part of the administration of the PACE exam and
therefore be applied to the reimbursement of development and ongoing maintenance costs incurred; and
WHEREAS, Policy 01 S-7 amended OOS-4 and 94M-l l to clarify language in question that beginning fiscal
year July 1, 2001 the net profits realized by the sale of all PACE related materials and the net profits realized
from PACE registration fees and continuing legal education credits for PACE-related seminars shall be used to
offset the development and ongoing maintenance costs of PACE. PACE-related materials shall include, but is
not limited to, study manuals, candidate handbooks, videos, diskettes and RP pins; and
NOW THEREFORE BE IT RESOLVED, that Policy 94M-11, OOS-4, and 01S-7 be amended as follows:
FURTHER RESOLVED, that beginning fiscal year January 1, 2006 the net profits realized by the sale of all
PACE-related materials and the net profits realized from PACE registration fees and continuing legal
education credits for PACE related seminars shall be equally divided in half between NFPA and the nonprofit
Foundation. The net profits realized of all PACE and PACE-related materials shall include, but is not limited to,
study manuals, candidate handbooks, videos, diskettes and RP pins; and
FURTHER RESOLVED, that the NFPA Board of Directors shall be and they are hereby directed to provide
half of the annual net profits realized by the sale of all PACE-related materials and the net profits realized from
PACE registration fees and continuing legal education credits for PACE-related seminars to the nonprofit
foundation (Foundation) established for the expansion of the paralegal profession; and
FURTHER RESOLVED, that the NFPA Board of Directors shall be and they are hereby directed to use half of
the net profits realized by the sale of all PACE related materials and the net profits realized from PACE
registration fees and continuing legal education credits for PACE-related seminars to offset the development
and ongoing maintenance costs of PACE.