American College of Emergency Physicians

Resolution 20(17) Campaign Financial Reform

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Resolution 20(17) Campaign Financial Reform

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RESOLUTION: 20(17)

SUBMITTED BY: Douglas Char, MD, FACEP

Marco Coppola, DO, FACEP

Henderson McGinnis, MD, FACEP

Jamie Shoemaker, MD, FACEP

Annalise Sorrentino, MD, FACEP

Jennifer L'Hommedieu Stankus, MD, JD, FACEP

Arlo Weltge, MD, FACEP

Anne Zink, MD, FACEP

SUBJECT: Campaign Financial Reform

PURPOSE: Directs the Council Steering Committee to: 1) create expenditure limits in the Candidate Campaign Rules; 2) amend the Rules regarding chapter visits by candidates; 3) consider other changes in the election process such as financial disclosures, other campaign expenditure limitations, prohibiting chapter and residency visits during the period of declared candidacy, restricting publication of non-scholarly work in non-peer reviewed journals, and restricting the use of social media.

FISCAL IMPACT: Budgeted Council and staff resources for the Council Steering Committee, updating the Candidate Campaign Rules, and distributing the updated Rules to candidates.

Resolution 20(17) Campaign Financial Reform

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WHEREAS, The American College of Emergency Physicians (ACEP) is the world’s premier and leading organization representing emergency medicine and its members; and

WHEREAS, It is an honor and a privilege for an ACEP member to serve in leadership roles; and

WHEREAS, The founders of ACEP made every attempt to “level the playing field” so that pursuing leadership opportunities would not be hindered because of exorbitant financial obligations and hardship; and

WHEREAS, In recent years, many candidates for Council Officer, the Board of Directors, and the President-Elect have increased expenditures to appear at chapter annual meetings to “campaign” for their candidacy; and

WHEREAS, Appearances at chapter annual meetings would hinder the candidacies of qualified individuals from geographically remote areas; and

WHEREAS, Also in recent years, many candidates for Council Officer, the Board of Directors, and the President-Elect have increased expenditures for professional “coaches,” fashion consultants, and high quality video presentations; and

WHEREAS, Such need for increased expenditures would limit the variety of candidates for leadership positions to those who are older in age and have more financial resources; and

WHEREAS, Such need for increased expenditure would also exclude members from a younger demographic and those from academic circles who may lack financial means; and

WHEREAS, The Leadership Development Advisory Group, the National/Chapter Relations Committee, and the Compensation Committee have long recognized the financial concerns and hardships of members considering candidacy; and

WHEREAS, The campaign rules of the American Medical Association state, “Candidates for AMA office should not attend meetings of the state medical societies unless officially invited and could accept reimbursement of travel expenses by the state society in accordance with the policies of the society.;” therefore be it

RESOLVED, That the Council Steering Committee create expenditure limitations in the Candidate Campaign Rules to allow younger members to consider candidacy for leadership positions without the concern for financial means; and be it further

RESOLVED, That the Candidate Campaign Rules be amended by adding: “Candidates will not attend annual chapter meetings unless officially invited, on the meeting’s agenda for a planned educational endeavor, and accept reimbursement of travel expenses in accordance with the chapter’s policies.;” and be it further

RESOLVED, That the Council Steering Committee consider changes in the election process such as:

·  requiring candidates to disclose financial expenditures on their candidacy;

·  capping the monetary amount that can be used on all candidate-related expenditures, including travel, “coaches,” videos, etc.;

·  prohibit ACEP residency and ACEP chapter visits for each candidate during the period of declared candidacy;

·  restricting publication of non-scholarly work in non-peer reviewed journals such as ACEP Now and other Emergency Medicine open subscription media; and

·  restricting social media “public service announcements.”

Resolution 20(17) Campaign Financial Reform

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Background

This resolution directs the Council Steering Committee to: 1) create expenditure limits in the Candidate Campaign Rules; 2) amend the Rules regarding chapter visits by candidates; 3) consider other changes in the election process such as financial disclosures, other campaign expenditure limitations, prohibiting chapter and residency visits during the period of declared candidacy, restricting publication of non-scholarly work in non-peer reviewed journals, and restricting the use of social media.

The Candidate Forum Subcommittee, a subcommittee of the Council Steering Committee, is tasked with the responsibility of reviewing the Candidate Campaign Rules each year and recommending any changes to the Steering Committee. The subcommittee is also responsible for developing the requirements for candidate campaign material and implementing the annual Candidate Forum. The intent of creating and implementing the Campaign Rules is to ensure fairness in the campaign process for all candidates. This process has been in place for decades, although the Campaign Rules have evolved over the years to address campaign issues that have arisen and also based on feedback from councillors and the candidates. The intent is not to be proscriptive or prevent members from learning as much as they can about each candidate.

The Council Steering Committee has discussed campaign expenditure limitations many times over the years and has attempted to make changes that are reasonable and fair to all candidates. Many individuals who have considered seeking nomination have reported that the expense for being a candidate is a barrier.

The Steering Committee has struggled with prohibiting, or limiting, the amount of travel for candidates. Visits to various chapters by candidates is typically self-funded, although some candidates may receive a portion of their travel costs paid by the chapter if serving as faculty for the meeting. Some smaller chapters have expressed concerns because the candidates do not necessarily give equal consideration for attending the smaller chapter meetings. Attending chapter meetings is a great opportunity to learn about the chapter and not just an opportunity for campaign purposes. There may be unintended consequences if chapter visits by candidates are banned and it may be difficult to enforce such a rule, particularly if a candidate (or candidates) is invited to participate in their program. However, it may be an unfair advantage to the candidate(s) invited to attend a chapter meeting and other candidates are excluded.

The last Resolved asks the Steering Committee to consider additional campaign limitations. Some of these suggestions are addressed in the Campaign Rules, but not to the extent that is requested. This year, the candidates were required to disclose the financial expenditure for developing a video (if one was submitted). Limiting residency visits by candidates could have unintended consequences. Residency programs can select whomever they want for the visit, and their selection is probably not because the individual is a candidate for ACEP president-elect or the ACEP Board of Directors. The current Campaign Rules prohibit communications and/or interviews regarding candidacy in emergency medicine newsletters or publications other than those published by ACEP, but allows publication on issues other than candidacy. Restrictions regarding the use of social media are also included.

ACEP Strategic Plan Reference

Goal 2 – Enhance Membership Value and Member Engagement

Fiscal Impact

Budgeted Council and staff resources for the Council Steering Committee, updating the Candidate Campaign Rules, and distributing the updated Rules to candidates

Prior Council Action

Each year the Council Steering Committee reviews and approves the Candidate Campaign Rules. All action taken by the Steering Committee is subject to final approval by the Council at the next regularly scheduled meeting. This action occurs by the Council ratifying the minutes of the Steering Committee meetings.

Resolution 16(14) Freedom of Speech not adopted. Requested the Council to revoke the Candidate Campaign Rule prohibiting communications or interviews in non-ACEP publications by candidates and encourage candidates to conduct such interviews.

1992, the Council Speaker appointed a Council Steering Committee Subcommittee on Election Norms to develop a paper on Norms of Behavior for Elections.

Resolution 19(76) Expenditure of Funds for Campaigning adopted. Limitation of campaign expenditures provided by the College in its official publications.

Prior Board Action

None. The Board does not take action on the Candidate Campaign Rules.

Background Information Prepared by: Sonja Montgomery, CAE

Governance Operations Director

Reviewed by: James Cusick, MD, FACEP, Speaker

John McManus, MD, FACEP, Vice Speaker

Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director