Personal letter to the Board:
Dear Board Members,
It is with regret that I have to inform you of a recent situation that developed on the
NCBTMB Ethics and Standards Committee Call, held Friday February 9, 2007.
Members present were the Ethics and Standards Committee, Board Liaison, Donna
Feeley, and Legal Counsel, JulieRusczek.
Our agenda was full, and despite an issue of concern arising the precious evening (which
I had alerted to each member of the committee, all of the committee agreed that there was
insufficient information to discuss the item on the Feb 9th agenda. Donna Feeley,
insisted that she be allowed to address the committee prior to our business, and then
began to personally attack me in front of my committee.
Despite my efforts to return to the business of the committee, Donna continued a verbal
attack, and much to my distress, she then stated “You don’t know this but I did not bring
your name to the Board for approval as Chair of this committee in January because of
another matter.” I was stunned, and of course extremely upset that I should hear such a
comment for the first time in front of all of my committee. Donna also stated “You will
remain Chair until I find your replacement.” and then announced to the committee as a
whole that I was to meet with her and the board attorneys, immediately after the
committee call. It became clear to me that I had to do all that I could to bring this
committee meeting back to a professional level as soon as possible, despite my extreme
anger and being upset. With what may have appeared acquiescence, the committee work
began and the agenda work was handled appropriately.
At the end of the call, Donna was no longer present, thus no meeting between me, her and
the attorneys has occurred (and probably will not without my legal representation
present)
I find this behavior of the chair, unacceptable, unprofessional, unethical, and very
inappropriate in light of the fact that it is now February 2007; post the time frame for
Committee Chair appointment announcements. Added to this injury, is the insult that the
E&S Committee has already met in January, with Donna on that call, yet I have not heard
one communication from her that there is an issue of concern (or "matter”) as she states.
The E&S Committee will continue to be diligent in our work, continue to serve the
NCBTMB, and will also want to seek additional information regarding the processing of
complaints in order to protect the mission and integrity of the complaint process of the
National Certification Board.
I thank you for your time and consideration to the really unfortunate situation that both I,
personally, and my committee have been subjected to while in our role of volunteering
for a fine organization. I look forward to hearing a response to this e-mail
communication.
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DATE:
February 11, 2007
TO:
Barry Franks
Interim Executive Director
National Certification Board for Therapeutic Massage and
Bodywork
Executive Committee Members,
Kathleen Burnett, Certified Advanced Rolfer, NCTMB
Elizabeth McIntyre, RN, MAS, NCTMB
Bob Lehnberg, NCTMB
RE:
Formal Complaint against Donna Feeley, NCTMB,
Current Chair of the National Certification Board
On Friday, February 9, 2007 Donna Feeley interrupted a monthly conference call of the
Ethics and Standards Committee.
WITNESSES: Those present on the call were:
Sue Welfley, LMT, NCTMB, Chair
P.O. Box 272487
Tampa, FL 33688
(813) 391-8440 – Cell
Glen Alex, LMT, NCTMB
1181 S. Buffalo Dr., #140
Las Vegas, NV 89117
(702) 807-7349 – Cell
Jeremy Miller, LMT, NCTMB
8866 Center Way
Eden Prairie, MN 55344
(H) (952) 486-8879
Dana Duncan, LMT, NCTMB
5015 W. Sahara Ave., Ste 125-230
Las Vegas, NV 89146
(702) 278-7808 – Cell
Kristi Willette
99 Corsica Drive
Newport Beach, CA 92660
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(949) 707-7158 – Cell
Niki Dienstman, CMT, NCTMB
177 Thoreau Dr.
Plainsboro, NJ 08536
(H) (609) 750-0583
Evelyn Conway, CMT, NCTMB
1922 NW Grove Ave.
Topeka, KS 66606
(785) 224-0593
Donna Feeley, MPH, BSN, NCTMB
2351 Dunford Dr.
Falls Church, VA 22043
(H) (703) 205-9199
Julie Rusczek, Esq.
777 East Wisconsin Ave. Ste 2000
Milwaukee, WI 53202
(414) 221-6060
Cynthia Hansen
777 East Wisconsin Ave. Ste 2000
Milwaukee, WI 53202
(414) 221-6061
PREAMBLE: History of the circumstance leading to this complaint.
I began to conduct the Ethics & Standards monthly conference call on Friday, February 9,
2007 when I was rudely interrupted by Donna Feeley. She stated she wanted to discus
the email I recently sent to the Executive Committee. (Email attached) She demanded to
know who all I sent this email to. When asked if I had sent the email to the E&S
Committee I answered yes.
I had discussed this email with each of the committee members the night before the
conference call. We all agreed not to place this item on the agenda or discuss it due to
the fact that there was insufficient information for us at this time. We all agreed that the
Committee needed to become more informed to discover why we were not given the
complaints to investigate, as this was the process by which we felt the Committee
functioned.
At the beginning of the call I informed Donna that we would not discuss the content of
the email as this item was not on the agenda. She loudly stated that she was going to
discuss this NOW and she was the Chair of the Board and we would do what she says. I
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reminded her that the item was not on the agenda and that we had many cases to review
during this call in a limited time frame. She assured me it would only take five (5)
minutes of time. I offered her an opportunity to discuss this matter at the end of the
conference call. She said (paraphrased) “No, it will be discussed now and I want to
address your whole committee.” I felt I had no choice but reluctantly allow her to go on.
She said she had nothing to do with the complaints. Since complaints are handled only
by Barry Franks the Interim Executive Director, Julie Rusczek the committee attorney
and the Ethics & Standards Committee, how did Donna Feeley even know about these
complaints being filed? She stated the “process of filing the complaints was
inappropriate.” She did not elaborate on that statement. I did not feel this was the time
or place for me to interact with her in this dialogue. The minutes were ticking by.
Donna repeatedly asked Julie Resczek the committee attorney to “tell Sue I had nothing
to do with the complaints.” Julie repeated the statement “the process was inappropriate
in filing the complaints.”
Donna proceeded to go to a level of inappropriate and unprofessional behavior therefore
please finds as follows my complaint against Donna Feeley.
COMPLAINT
On February 9th during a scheduled conference call of the Ethics & Standards Committee.
Donna Feeley serving as liaison to the committee stated that she wished to preempt our
agenda by bringing forward an item not listed on the agenda and refused to allow me as
chair to conduct the meeting in an orderly fashion. Her repeated and loud request to be
heard was extremely upsetting to me and the Committee. However, in the interest in
moving to our agenda I sensed the best decision was to allow Donna to have the attention
of the Committee for five minutes as she requested.
Her insistence in discussing an item not on the agenda prompted confusion for the
committee members and a need for me to defend myself in what appeared to be a strong
personal attack against me in front of my committee.
As Donna became more heated in her discussion she then made the following statements
state (paraphrase) “You probably don’t know this but I did not bring your name to the
Board for reappointment as Chair in January because of another matter.” What a shock
this was for me to hear – especially in front of the entire committee! I stayed focused on
our business at hand rather than react with anger. She continued to attack me verbally in
front of the entire committee by stating, (paraphrase) “You will only be Chair until I
replace you.” Can you imagine the Chair of our Board making that statement in front of
the whole committee? This was the first time I was aware that Donna’s intentions were
to not reappoint me as Chair. According to the NCB documents the Chair-Elect’s
responsibility is to make Chair appointments before the end of the year so they can begin
their work on January 1st. I spoke with Donna last August and she led me to believe she
was satisfied with me as Chair. When I spoke with her again in November there was no
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indication that she was having a problem with my work nor did she bring forth any issues
of concern.
Since I have received no notice from Donna I have continued to serve as the Chair of
Ethics and Standards Committee. There is a process in place for my removal as Chair
which involves the entire Board – not just Donna replacing me when she wants to.
After our January conference call Donna and I did discuss here interpretation of some
said conversations of our Committee work which involved sensitive matters related to our
committee work from state agencies. Her follow-up communication ended on a note that
did not led me to believe there was a need for further discussion. Also, during this heated
discussion Donna threatened me with the following phrase: (paraphrase) “You and I will
meet with the board attorneys after this call to discuss this.” Well, by the end of our call
Donna was seemed to be missing from the call and this conversation with the board
attorneys has not taken place. This certainly is not the appropriate behavior for the leader
of our organization to exhibit on committee call to a volunteer chair.
This made me very angry and extremely threatened to be spoken to in this manner by the
Chair of the Board not to mention the fact that my committee members were present to
hear such conversation.
As this is now February I have had no indication from Donna that she was not going to
reappointment neither me nor that she was she dissatisfied with me as a Committee
Chair. If she is that unhappy with my service there is a process to remove a Committee
Chair.
I was quite shocked at her comments and her lack of professional behavior to discuss this
in front of the committee.
I have been left with no choice but to file a complaint against the Board Chair Donna
Feeley for violation of professional conduct, violation of unethical behavior, violation of
showing disrespect for a volunteer serving an organization and showing very poor
judgment as the leader the National Certification Board for Therapeutic Massage and
Bodywork.
=======================================================
Donna Feeley has violated the following:
CODE OF CONDUCT FOR VOLUNTEERS
“The purpose of the Code of Conduct is to provide a benchmark for the personal and
professional behavior of volunteers as they fulfill their leadership duties.”
1) Knowledge
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c) Volunteers are responsible for learning about and understanding the
nature of the volunteer position they have accepted and its responsibilities and
duties.
Donna violated this conduct but interrupting a pre-scheduled monthly conference call of
the Ethics & Standards Committee and rudely and loudly forcing a discussion of an item
that the Committee agreed was not to be discussed on this call and therefore, was not
listed as an item on the agenda. It is not the responsibility of the Board Chair to interrupt
a committee conference call. The Board Chair position is only as liaison between the
Committee and the Board and no more during a call.
2) Accountability and Behavior
b) Volunteers are accountable for their performance and their personal
behavior.
Donna violated this conduct by verbally attaching me as Chair of the Committee. Her
behavior towards the committee attorney to defend her is inappropriate.
c) Volunteers behave in a professional manner, adhering to the NCBTMB
Code of Ethics and Standards of Practice.
Donna has violated this by her unprofessional and unethical behavior in attaching a
Committee Chair in a public setting in front of the entire committee.
d) Volunteers behave, personally as well as professionally, in a manner that
will merit the respect of others for the NCTMB, and the profession of massage
therapy/bodywork.
Donna has violated this by acting outside her role as Board Chair liaison and verbally
conducting herself in an inappropriate and unprofessional manner in addressing this
Committee. She will have trouble gaining respect from this Chair and from this
Committee.
e) Volunteers shall treat all individuals with courtesy and respect.
Donnas violated this with her forceful and unprofessional attack on the Committee Chair
in a public setting.
Volunteer Leader Responsibilities – Members of the Board
In addition to volunteer leader responsibilities:
a) Directors understand and accept their fiduciary responsibility to
NCBTMB, the Board of Directors itself, certificants and the consumer public. This
understanding is reflected in the volunteer performing his or her duties in manner
that is trustworthy and reflective of good stewardship.
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Donna has violated this by stepping outside her role as Board liaison to this Committee
and forcing a discussion that was agreed by the Committee to not be discussed on the
call.
h) Shall not speak or act for the Board without proper authorization.
Donna did not have authorization from the Board to verbally attack the Chair of the
Ethics & Standards Committee.
i) Shall maintain the confidentiality of documents and information.
If in fact the complaints are complete, they should have been presented to the Ethics &
Standards Chair. As Barry Franks, Interim Executive Director is the only person in the
office to view complaints; Donna Feeley should not have been made privy to this
information. Even though these individuals may have served on the Board in the past, if
they are not currently serving as Board Directors at the time of the complaints being filed,
this matter is to be handled by the Ethics & Standards Committee only and not the Chair
of the Board. A breach of confidentiality has occurred with this process.
CODE OF ETHICS
VII. Conduct their business and professional activities with honesty and integrity,
and respect the inherent worth of all persons.
Donna violated this Code by her verbally attacking, disrespecting, and demeaning the
Committee Chair in front of committee members. Donna created an inference that the
Committee Chair’s performance was unsatisfactory to the committee members without
notice to the Committee Chair that there was such a concern.
Violation of the Board liaison role to the Committee which is known to be supportive to
the Committee work providing a committee link back to the board. Donna’s behavior did
not support this relationship. Donna’s violation shows lack of respect and inherent worth
towards me personally and the Committee as a whole.
She should have called me prior to the call to discuss her concerns so the concerns would
not have become public during the call.
XVIII. Follow all policies, procedures, guidelines, regulations, codes, and
requirements promulgated by the National Certification Board for Therapeutic
Massage and Bodywork.
Donna violated this Code by not following the role of the board liaison. A board liaison
should communicate with the committee chair if there is an item of concern that would
preempt the scheduled agenda of the Committee. The Committee Chair facilitates the
work of the committee - not the board liaison.
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● To argue over an item not scheduled on the agenda is not appropriate.
● To attack the Committee Chair in anger is not appropriate at any time let alone
in front of the Committee.
● To announce a no support position of reappointment as Chair before the
committee is inappropriate at any time.….especially since there was opportunity to
discuss this with me privately.
Donna has crossed her boundary as liaison between the Committee and the Board thereby
violating several Volunteer Codes, Code of Ethics and Standards of Practice of this
organization.
STANDARDS OF PRACTICE
Standard 1: Professionalism
a) adhere to the NCBTMB Code of Ethics, Standards of Practice
Donna has violated this Code and Standards as so noted in this complaint.
c) conduct him/herself in a manner in all settings meriting the respect of the public
and other professionals.
Donna did not conduct herself appropriately on the conference call. She disrespected the
Chair of the E&S Committee and the members on the Committee who were in attendance
on this call.
e) use professional verbal, nonverbal and written communications.
Donna violated this Standard by using inappropriate language addressing the Chair in
front of the Committee on an item that was not on the agenda.
o) respect the traditions and practices of other professionals and foster collegial
relationships.
Donna violated with Standard by disrespecting the Chair before her Committee members;
holding conversations of a personal nature in a public setting with the Committee;
showing lack of faith in the Committee Chair’s inability to serve by announcing that she
has not been brought forward for reappointment.
Directing the Chair to have a mandatory legal call without an agenda as to what is to be
discussed; not supporting collegial relationship with her Committee Chair or with the
Committee members; preempting the scheduled agenda without notifying the Chair prior
to the conference call.
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Donna does not understanding the complaint process, accusing the Chair of not having
authority to seek clarification from the Interim Director regarding a complaint is
inaccurate
p) not falsely impugn the reputation of any colleague.
Donna attempted to impugn the reputation of the Chair of the Committee in her verbal
abuse and vicious attack on the Chair. She implied to the Committee that the Chair had
done something serious in the past without providing further information. Donna
inferring that “the past behavior of Sue has prompted her to not bring her name forward”
therefore casting doubt to the level of diligence and work of the Ethics & Standards
Committee which is the very core of this Committee work.
Standard II Legal and Ethical Requirements
b) refrain from any behavior that results in illegal, discriminatory, or unethical
actions.
Donna violated this when she threatened Sue with a call with the board lawyers in front
of the committee.
I agree to maintain confidentiality during the hearing process of this Complaint.
Please be advised that I will send a hard copy of this Complaint along with the
attachments to each member of the Executive Committee, other than Donna since she is
the subject of this Complaint.
If you need any additional information please advise me immediately.
Thank you for your consideration.
Sue Welfley, LMT, NCTMB
Dated 2/11/2007
Attachment: Letter to Executive Committee dated 2/8/07
Agenda from E&S Call 2/9/07
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March 4, 2007
To:
National Certification Board of Directors
Gary Hannah, Barry Franks, Chris Laxton
Julie Rusczek, Esq., Robin Shapiro, Esq., Doug Swill, Esq.,
Cynthia Hansen
Ethics & Standards Committee Members
Ethics & Standards Investigative Panel
Dear National Certification Board of Directors:
Over the past year the National Certification Board for Therapeutic Massage and
Bodywork Ethics and Standards Committee has handled more than 46 cases involving
infractions by Nationally Certified certificants. Currently we have more than 20 pending
cases awaiting review and disposition, some needing immediate action taken. This
committee has certainly been diligent in serving the mission of the National Certification
Board to protect and defend the public trust in our certificant base through this peer
review process.
We each feel strongly that recent actions by the National Certification Board of Directors
to place a board member in the role as chair of this committee seriously dilutes the ability
of this committee to serve that critical NCBTMB public trust mission. In addition, these
actions will seriously harm the integrity of the entire program among the certificant base,
the professionally served, and the public whom this peer review process was intended to
protect.
Furthermore, we each feel this action is in clear violation of both the letter and the spirit
of the policies which govern this committee and critically dilutes the Board’s ability to sit
as the final arbitrator in the defined and approved appeals process. Such an oversight
places the entire program in grave jeopardy and places each of us as committee members
at an unacceptable personal risk.
As a result, we the members of the Ethics and Standards Committee are deeply
disappointed that we can no longer in good conscious continue to serve the organization
and the massage and bodywork profession in this serious and important volunteer
capacity.
As a committee we have learned how to make difficult and some times life altering
decisions by examining and reviewing all sides of a situation and making decisions solely
on the merits of the case and without personal bias or animosity. We are sorry to say that
in our opinion the course of actions recently undertaken by this Board has clearly failed
to follow such a process and places the organization and its leadership at great peril.
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Therefore, effective immediately we the undersigned do hereby tender our resignations
from the National Certification Board for Therapeutic Massage and Bodywork Ethics and
Standards Committee.
Sue Welfley, LMT, NCTMB (FL)
Brad Enerson, NCTMB (NV)
Glen Alex, LMT, NCTMB (NV)
Dana Duncan, LMT, NCTMB (NV)
Kristi Willette (Public Member) (CA)
Niki Dienstman, CMT, NCTMB (NJ)
Evelyn Conway, CMT, NCTMB (KS)
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