Society for Design Administration
Transcription
Society for Design Administration
Society for Design Administration January 2011 SDA NY 2011 Board of Directors President Patricia M. Leyden, CDFA WSP Flack + Kurtz 512 7th Avenue New York, NY 10018 212 951 2834 patricia.leyden@wspfk.com From the SDA NY President Welcome to 2011! May the new year bring the NY Chapter members professional and personal fulfillment! The Chapter has some exciting initiatives planned for this year: • Vice President Annie Tan Cooper, Robertson & Partners 311 West 43 Street New York NY 10036 212 247 1717 atan@cooperrobertson.com • • Treasurer Maria Iacovone ads Engineers 275 Seventh Avenue New York, NY 10001 212 645 6060 maria.iacovone@adsce.com • Recording Secretary Arnhild Buckhurst Lower East Side Tenement Museum 91 Orchard Street New York, NY 10002 212 431 0233 abuckhurst@tenement.org Corresponding Secretary Ellen Blumenthal Robert Silman Associates 88 University Place New York, NY 10003 212 620 7970 blumenthal@rsapc.com Past President/Director Michele Maestri RMJM 275 Seventh Avenue New York, NY 10001 212 629 4100 m.maestri@rmjm.com Director Amy Nanni, CDFA 91 Summit Street Brooklyn, NY 11231 718 596 3591 ajnanni@aol.com Advisors Renee Spodak UNIFOR 149 Fifth Avenue New York, NY 10010 212 673 3434 rspodak@uniforusa.com • • • Programs on 401k (February) and Microsoft 2010 (April). Many other programs are in the works. A brand new Mentoring Committee Study Group for the LEED Green Associate exam Two networking nights 2 project tours Brown Bag Lunch Roundtable discussions on timely topics Our annual national convention, EdSymposium11, in Charleston, SC, this June A Theme for 2011 There is one thought I want to put out there for all of us this year – BE INVOLVED! All of our continuing education and enjoyable events only happen because members come up with the ideas, either individually, or more often, in a group discussion. Come enrich a committee – you will make some great contacts! It need not require a lot of time – you can hold me to that promise! much to think about. 2011 brings back two members who have previously served, Arnhild Buckhurst and Amy Nanni. We are thrilled at their willingness to “boomerang” and give us the benefit of their knowledge. You may not be aware that terms for the Board are one year, and a maximum of two years in one position, except for Treasurer. It usually takes that first term to fully appreciate how the Board works, and often, board members apply for a second term. This is therefore the second year for most of our current members: President, Pat Leyden, CDFA Vice President, Annie Tan Corresponding Secretary, Ellen Blumenthal Recording Secretary, Arnhild Buckhurst Treasurer, Maria Iacovone Director, Amy Nanni, CDFA Past President/Director, Michele Maestri 2010 Member of the Year I’d like to congratulate Mike Jones of Robert Silman Associates on his award as 2010 Member of the Year. Mike was profiled in Skylines last year when he was selected for the Jennifer M. Greene Scholarship to convention for a first time attendee. I have seen Mike in action throughout 2010 and he is a serious professional who is a great contributor to the NY Chapter and to the national organization. Take a couple of minutes to get to know Mike at an event in the next few months. It’s well worth your time. 2011 NY Chapter Board of Directors Jennifer M. Greene Ammann & Whitney 96 Morton Street New York, NY 10014 212 462 8597 jgreene@ammann-whitney.com Liz Block Ferguson & Shamamian Architects, LLP 270 Lafayette Street New York, NY 10012 212 941 8088 lblock@fergusonshamamian.com Patricia M. Leyden, CDFA L-R: Ellen Blumenthal, Mike Jones and Lyn San Pedro of Robert Silman Associates As the New Year starts, I’d like to thank Anne Fidje for serving in 2010 – she brought a fresh perspective to many discussions as a fairly new member and gave us L-R: Maria Iacovone; Cynthia Kracauer, AIA, LEED, Managing Director of the Center for Architecture; Ellen Blumenthal; Michele Maestri; Pat Leyden, CDFA; Arnhild Buckhurst; Annie Tan and Amy Nanni, CDFA We also have three tremendous advisors to the Board: Renee Spodak, Jennifer M. Greene, and our newest advisor to the Board, Liz Block. Our contact information is to the left of this column – get in touch! I look forward to seeing you at our upcoming 2011 events – BE INVOLVED! Canstruction NYC 2010 It’s In The CAN! By Leah Suzanne Kaplan Once again, the creativity and creations executed by the architects and engineers in Canstruction NYC were amazing! The crowds that came out to see this year’s event were larger than ever – which means even more food for City Harvest and New Yorkers in need as almost everyone brought a can of food with them. Schools came in greater numbers, as the teachers used Canstruction as a learning tool for their students on art, architecture, and helping your community. Each student came with can in hand, proud to donate to help those in need. This year’s successful event is a credit to all the dedicated work by SDA Canstruction Committee members Arnhild Buckhurst, Katie Devlin, Leah Suzanne Kaplan, Pat Leyden, Amy Nanni, Eulani Labay, Lisa Rondon, and Annie Tan. We were also very fortunate to have Alberto Quinones, an experienced award-winning Canstruction builder, who worked on the committee this year. Interestingly, this was the first year that 50% of the teams were engineering firms. The teams built with a combined 101,369 cans of food (68,882 pounds) to build 24 beautiful, diverse and whimsical canstructures. This equates to Canstruction helping to feed 70,000 New Yorkers! This count does not include the food donated by the public to view the exhibit, an additional 19,063 pounds. That means this year’s total donation to City Harvest was 87,945 pounds of food! The jurors were blown away by what they saw! They could not believe what a difficult task it was to have to select only six to receive awards. The jury was comprised of Rocco Dispirito – celebrity Chef and author Celebrity jurors Rocco Dispirito, Lisa LaPorta and Gail Simmons stand for photo op with Leah Kaplan SDA NY of Now Eat This; Laura Heim - President of AIA Queens and principal of Heim Architects; Cynthia Kracauer – Managing Director of the AIA Center for Architecture; Bruce Melillo (yes, Cheri’s husband); Lisa LaPorta – designer and host of HGTV’s Designed to Sell; and Gail Simmons, host of Bravo’s Top Chef: Just Desserts. They agonized over what constituted a best meal (could they in good conscience give it to a structure that had an ingredient of something called “potted meat”?). They deliberated over structural ingenuity and best use of labels, going back and forth many times. They finally came to their decision, and the awards went to: Jurors Favorite: The BabushCANs by Thornton Tomasetti Best Structural Ingenuity: FEASTer Island by LERA Best Meal: Paint the Town “Fed” by Dattner Architects Best Use of Labels: I Think I Can by MTA New York City Transit Honorable Mention: Tomato Tornado by Skidmore Owings and Merrill Honorable Mention: Cans Can Only Spill by Gilsanz Murray Steficek (See pictures on following page) The firms that participated this year were: AECOM (cheese and crackers); Arup (graffiti wall); CETRA/CRI Architecture (Gulf Coast oil spill); Dattner Architects (paint can and brush); DeSimone Consulting Engineers (Standard Hotel); Ennead Architects (game Battleship); Ferguson & Shamamian (MOMA salt and pepper shakers); FX Fowle/ WSP Flack & Kurtz (legos); GACE Consulting Engineers (children blocks); Gilsanz Murray Steficek (spilled mug); HLW International (upside down pyramids); HOK (ants on picnic blanket); LERA(Easter Island statue); MTANYC Transit (3D of book I Think I Can); NRI (smart car); NYC Dept of Buildings (slice apple); Rand Engineering & Architecture (City Harvest truck); Severud Associates (Mario brothers); Shen Milsom & Wilke (children’s blocks); Robert Silman Associates (King Kong on Empire State Building); Skidmore Owings & Merrill (tornado); STV Incorporated (Mr. Potato Head); Ted Moudis Associates (orange ribbon); Thornton Tomasetti (Russian nesting dolls). As this was the first year without Canstruction’s founder Cheri Melillo, the committee decided to create a special award in her name. The criteria for this award would change yearly, decided by committee during the summer before Call For Entries are issued, and kept secret until the Gala Awards Night. This year’s criterion was the structure that would help feed the most New Yorkers. The first ever Cheri Award was presented to a first time participating firm, Cheri Award Shen Milsom & Wilke, for their structure ShenaniCANS Care!, which used 9,060 cans that will help feed 8,500 New Yorkers. We were honored to have Cheri’s husband Bruce speak a few words about Cheri, and have her mother Roz Couture (from Wisconsin) and her son Brion Von Over (from Massachusetts) there to witness this award presentation in Cheri’s name. Also present (all the way from Atlanta) was the national Executive Director of Canstruction, Nick Telesca, and Carrie Kirk, Director on the national Canstruction Board. The award statue was designed by committee, created by Alberto Quinones in 3D AutoCad, printed by NRI in their 3D printer, and painted by Joerg Kiesow of Ennead Architects. On Monday night, November 22nd, the teams came back to the World Financial Center to de-canstruct. They were assisted by 66 volunteers from City Harvest, the beneficiary of our event. City Harvest shared that more than 1 million New Yorkers will access emergency food this year. City Harvest will rescue and deliver 28 million pounds of excess food this year that will help feed more than 300,000 hungry men, women and children each week. Events like Canstruction help support City Harvest’s efforts to deliver more food at a time of great demand. On a personal note, I have been honored to work on Canstruction since its inception 18 years ago, and to have chaired the last two. It is an incredibly rewarding experience, and gave me the added gift of working with an extraordinarily talented group of people. I encourage all the SDA members to get involved next year! As I move on, I know that Canstruction will continue as an amazing fundraiser for the A/E/C community to help the communities that they help build. I wish you all continued success! 3 Jurors Favorite The BabushCANs by Thornton Tomasetti NYC 2010 Canstruction NYC 2010 SDA NY Best Use of Labels I Think I Can by MTA New York City Transit Best Structural Ingenuity FEASTer Island by LERA Best Meal Paint the Town “Fed” by Dattner Architects 4 Canstruction The Cheri Award ShenaniCANs Care! by Shen Milsom & Wilke Honorable Mention Tomato Tornado by Skidmore Owings and Merrill Honorable Mention Cans Can Only Spill by Gilsanz Murray Steficek SDA NY 5 Member Profile By Arnhild Buckhurst, SDA Jennifer M. Greene Jennifer moved to New York City in 1979 after graduating with a Bachelor of Arts degree in Speech and Theatre from the University of Tennessee in Knoxville. With $300 to her name that she borrowed from a friend, Jennifer moved in with a college roommate in a tiny studio apartment on the Upper East Side. With acting jobs hard to find, Jennifer answered an ad in the New York Times for a position at Citibank in their data center at 399 Park Avenue and her first career was launched. For the next nine years, she worked for numerous banking institutions in a variety of positions including computer programmer, computer consultant, and systems analyst. In 1988, she lost her last financial job as a result of a merger, and enjoyed a nice severance package by visiting friends in England and spending the summer on Fire Island. That fall, a call came from a friend who needed a temp at Kliment Halsband Architects and Jennifer’s next (and ULTIMATE) career was born. She became their Office Manager on her second day and was later named an Associate and Director of Marketing and Media Relations. For 16 years! Among her many responsibilities in addition to managing the entire office, we can list coordinating proposals; writing resumes and statements of qualifications; keeping the photo library and marketing materials up to date; coordinating publication and exhibition opportunities; submitting projects for competitions; etc. At the request of her then boss, Frances Halsband, Jennifer joined the SDA in 1992 when it was the SAA, Society of Architectural Administrators. Locally, she served as Vice President and President of the New York Chapter, chaired the East Coast Regional Conference in 2002, and currently services as chair of several committees, including SkyLines, Marketing and PR, and Principals’ Breakfast. Nationally, she served for several years on the SDA National Awards Committee and has, since 2004, chaired the national Marketing and Public Relations Professional Emphasis Group. She designed the graphics 6 SDA NY for the SDA National Convention in Denver and was the Mistress of Ceremony at the SDA National Convention Awards Banquet in San Francisco. She received the SDA National Member of the Year Award in 2000, and the New York Chapter Member of the Year Award in 2002. In honor of Jennifer’s numerous and wonderful contributions to the SDA, a scholarship for people attending the annual convention was named in her honor and to date many local members have enjoyed participating in the convention through this scholarship. In an earlier article about Jennifer here in Skylines, she was quoted as follows regarding her feelings about the SDA: “… Joining SDA was one of the smartest things I’ve ever done. I love the networking -- calling someone up to find out what health insurance plan they have, or what phone vendor they use and why. The lunch-time tours are the best; I love to see how the other half lives. the programs are informative and I can’t believe all the friends I’ve made. But most of all, during my membership in SDA, I am amazed at my professional growth. Now, instead of being reactive, I am proactive. ……” Jennifer left Kliment Halsband Architects to be the Director of Marketing and Business Development at Dattner Architects for six years. Since March of 2010, she has been the Director of Marketing at Ammann & Whitney, a 250 person architecture and engineering firm founded in New York City in 1946. As a senior member of the management team at Ammann & Whitney, Jennifer oversees a staff of 3 marketing coordinators and a graphic designer and works closely with the Vice President of Business Development in identifying teaming opportunities and arranging “meet and greets” to introduce her new firm to her many colleagues in the A/E/C industry. And here at the end is a quote from an article Cheri Melillo once wrote about Jennifer, and which still holds true: “Jennifer is a shining example of how you can take a job and make it your own – take a look around, see what needs to be done, see what’s missing, where you can make an effective contribution and then seize the opportunity to do so.” We are very lucky that Jennifer is such a creative, hard-working, enthusiastic and fun member of our own Chapter. Let the others eat their hearts out. Arnhild Buckhurst is an SDA Board member and serves on several committees of the New York Chapter. She is the Operations Manager of the Lower East Side Tenement Museum. She can be reached at 212 431 0233 or abuckhurst@tenement.org. Welcome New Members Stacey Alleyne Beyer Blinder Belle Architects & Planners LLP Susan Appel Back after a lengthy absence as an Emeritus Member! Mary Ann Goduco CETRA/CRI Architecture PLLC Sarah O’Keeffe Leni Schwendinger Light Projects LTD Keti Qipo M Moser Associates Michael Simon H3 Hardy Collaboration Architecture, LLC SDA NY Claims, Claims Go Away! By Joshua Lluch Unfortunately just saying it does not make it so. In today’s litigious society design professionals are often sued for things that they have no control over. The economy being what it is doesn’t help either. Claim frequency trends north when the economy goes south. When people need money where do they go? Why, to the deepest pockets of course! (Much to the chagrin of the insurance companies.) While there is little or nothing that you can do to prevent frivolous lawsuits, there is something you can do to prevent real lawsuits. Educate yourselves. Here are some of the most common problem areas that you and your firm can avoid. Client selection. Those of you that only work with government agencies can sit this one out. For the rest of you, do you know who it is that you are dealing with? Doing quasi-background checks is key to eliminating some of the risks involved in your projects. It is amazing what you can find on the internet. All you have to do is enter your prospective client’s name in a search engine and hit the enter button and see what comes up. Have they recently gone to court to sue another design professional? Did they just lay-off 50% of their work force? Has there been a restructuring of the organization recently? These are things that you can probably find within 10 minutes on the internet. Ask some of your peers if they have ever worked with your prospective client. You may find out that they are prone to filing lawsuits, or to not paying on time (or at all). Run a Dun & Bradstreet report. Make sure they are as financially sound as they say they are. New projects/questionable projects. Now is not the time to start taking on work in fields that you have no experience in. Again, because of the economy, any little thing that goes wrong can potentially snowball into a lawsuit looking for that deep pocket. There are a large number of claims that involve schools, universities, churches, medical facilities, and condos/co-ops/apartment buildings. If you do not specialize in those areas now, do not take on jobs in these areas. If you already have a specialty in these areas be aware of what it is you are getting into. What is the reward relative to the risk you will be taking on? Proper contracts can go a long way to helping you stay out of trouble. Your employees also go a long way to helping you stay out of trouble. Unfortunately some of you have had to let some employees go. While it is never easy to let go of employees, it is even less easy knowing that there is a shortage of talent in the design professional industry. Know the capabilities of your current team (pared down or not). It is ok to pass on work that you know you cannot complete without breaking the figurative and physical bank. It is much more expensive, both in the short and long term, to get involved in a big claim than it would have been to just take a pass. Contracts. Any advice given here does not pertain to public sector contracts. Public sector contracts are take them or leave them, and most firms take them. And while that is not ideal, it is the nature of that particular beast. There are many pitfalls involving poorly worded contracts. Is the scope of services clearly stated? Are there unrealistic expectations regarding schedules and fees? Are the indemnification clauses mutual? Do warranties and guarantees exist which would not be covered under a professional liability policy? Is the standard of care attainable? Is there a mediation provision? Is there a limitation of liability provision? A contract should be in place prior to initial work. Client-authored forms, especially, should be reviewed by your counsel and insurance agent in order to detect any onerous language like assumption of liability as well as any insurability issues. Contracts with subcontractors should also be maintained and reviewed in the same fashion. Communication/Documentation. The title just about speaks for itself. Clear, concise and frequent communication between all parties involved is imperative to the success of any project. Client expectations have to be managed and that simply cannot be done without proper communication. Poorly defined staff responsibilities and scope of services are some of the biggest causes for the elevation of issues. Avoid the types of claims alleging misrepresentation, negligence, or misconduct by simply communicating more clearly and more frequently. Most importantly, document any and all forms of communication so as to avoid mysterious “lapses in memory.” There is an old joke about lawsuits: the person with the most paper usually wins. Live by those words. Also, don’t write anything in internal memos or e-mails about anyone else that you wouldn’t say to their face. You would be very surprised what comes up during discovery. There is a whole industry that is devoted to the field of electronic discovery. It is their job to find all electronic files that pertain to a specific case during the period of discovery. Think about that the next time you want to send an e-mail to a coworker telling him/her what a pain in the neck your client is. Just because you delete an e-mail doesn’t mean that it disappears into an electronic black hole. Trust Your Instincts. The first time you even suspect a problem might become a claim get the insurance company involved. Insurance company studies have shown that the earlier the insurance company gets involved the less likely the problem is to become a claim. Don’t worry about loss preventions (pre-claims assistance) increasing the price of your liability insurance. In general, preclaims assistance does not affect the price you pay for your liability insurance and the assistance is generally free. Most, if not all, insurance companies want to get involved from the beginning. Just remember, however much you pay for your professional liability insurance, the insurance company has more skin in the game than you do. They will fight hard to keep their money in their pocket. While there is no magic bullet that will make all claims disappear, following the simple steps that have been outlined here will get you well on your way to a more claims free life. After all, the cost of insurance is much more than what you pay for your actual policy. Frequent and/or severe claims will cost you in ways that you may never have thought about. Such as: money in the form of lost opportunity costs and deductibles as well as future increases in both the price of your liability policy and future deductibles as well as an overall loss of morale, and of course time away from doing what you love most. If you arm yourself with proper education and safeguards you will ultimately reduce the total cost of your insurance. And who couldn’t use a little extra money these days? Joshua Lluch is a Business Development Manager for Singer Nelson Charlmers and specializes in Insurance for those in the A/E/C Industry. He can be reached at 201 837 1100. 7 Why You Need a Media Plan. Big or Small, You Need a Media Plan! By Guy Bergstrom Whether you're doing all the public relations yourself -- or part of a large organization with a press shop -- you need a media plan. The first mistake is to focus on internal aspects, process and technical details such as "Who will write the material?" and "Should we do a blog or be on Facebook?" It's easy to get lost in those details and lose the big picture. The two biggest questions you have to ask are (1) What audiences are you trying to reach? and (2) What do you want those audiences to do? What audiences are you trying to reach? There isn't a single homogenized audience of "people," so the first step to any media plan is to identify your audiences. Current clients I'm going to say clients as a catch-all, so if you're talking about PR for an actor, author or rock star, it'd be "current fans." In politics it'd be "current supporters." You get the idea. Potential clients This is an entirely separate audience, so the message you're sending to this group should be entirely different than what you'd do when targeting current clients. Stakeholders You've got a small audience of stakeholders who make up a tiny percentage of the population. These are your business partners, colleagues and insiders in the business. The competition Your message doesn't exist in a vacuum. No matter what you do, there are competing messages that you need to think about and counter. The mass media The pitch you give to reporters, editors and news producers can't be the same thing you'd say to anybody else on the list. They're a special niche with special needs. What do you want them to do? Say you magically reach every person. If you reach those audiences, what do you want those people to do, specifically? 8 SDA NY Make a list of possible actions for each audience. Clients and potential clients. Stakeholders. The competition. The mass media. Obviously, you want to turn potential clients into actual clients. But what do you want current clients to do? How about stakeholders? And how would you define victory in terms of dealing with journalists and the mass media? Draw up that wish list. Be specific. In the next issue, we'll work on making it happen with earned media. Guy Bergstrom is a Marketing Contributing Editor at about.com. He has been writing to pay the rent for 20 years, first as an editor and reporter and now as a staffer for lawmakers. Guy knows what it's like inside newsrooms and understands that public figures -- whether they're a governor, a CEO or an actor -- are going to get press coverage. The only question is, will that coverage be good or bad? That's the essence of public relations. Email Guy at marketing.guide@about.com. Computer Usage Policy Trumps Employee's Attorney-Client Privilege By Michelle Abidoye and Curtis Graham What happens when an employee e-mails her attorney from her company e-mail account about suing her employer? According to a recent California Court of Appeal opinion, Holmes v. Petrovich Development Co., LLC, [1] it is likely that the e-mail will not be protected by the attorney-client privilege and will be admissible at trial. According to the opinion, when the employer has an express policy that reduces any expectation of privacy, e-mail communications between an employee and her attorney may be equivalent to "consulting her lawyer in her employer's conference room, in a loud voice, with the door open." The plaintiff, Gina M. Holmes, worked as an executive assistant for the defendants Paul Petrovich and Petrovich Development Company, LLC. After Holmes was hired, she read and signed the company's express computer technology resource policy that governed her usage of the company computer and e-mail account. It stated that: (1) her computer and e-mail account should be used only for company business; (2) she was prohibited from sending or receiving personal e-mails; (3) she had no right to privacy with respect to any personal information or messages created on her computer or e-mail account; (4) e-mails are not private and should be regarded as a "postcard rather than as a sealed letter;" (5) the company may inspect all files or messages at any time for any reason at its discretion; and (6) the company would periodically monitor her computer and e-mail account for her compliance with its policy. In July 2004, approximately one month after Holmes was hired, she told Petrovich she was pregnant and wanted to take a six-week maternity leave in December. She later revised her request to a four-month maternity leave beginning in November. This prompted Petrovich to send the following e-mail to Holmes, "I need some honesty. How pregnant were you when you interviewed with me and what happened to six weeks? . . . That is an extreme hardship on me, my business and everyone else in the company. You have rights for sure and I am not going to do anything to violate any laws, but I feel taken advantage of and deceived for sure." Holmes was offended and e-mailed a response that explained she did not tell him about her pregnancy earlier, in part, because she had two miscarriages in the past and did not want to disclose the pregnancy until it appeared likely that she would carry the baby to term. Because Petrovich was concerned that Holmes may be quitting, he forwarded Holmes' e-mail to human resources and inhouse counsel. When Holmes learned that Petrovich forwarded her e-mails to others, she was upset and sought legal advice concerning a claim for pregnancy discrimination. Holmes exchanged several e-mails with her attorney from her company e-mail account where she stated, "I know that there are laws that protect pregnant women from being treated differently due to their pregnancy, and now that I am officially working in a hostile environment, I feel I need to find out what rights, if any, and what options I have. I don't want to quit my job; but how do I make the situation better." Shortly thereafter, Holmes quit her job and later filed a lawsuit against the defendants for sexual harassment, retaliation, wrongful termination, violation of the right to privacy and intentional infliction of emotional distress. During the course of litigation, Holmes challenged the admissibility of the company e-mails she exchanged with her attorney. The trial court found that Holmes waived the attorney-client privilege and admitted the e-mails during trial. Continued... SDA NY The Court of Appeal agreed with the trial court's ruling because the employer's computer policy made clear that Holmes had no legitimate reason to believe that communications from her company e-mail account were private, regardless of whether the employer actually monitored her e-mail. Thus, Holmes knowingly disclosed her attorney-client communications to her employer and waived the privilege. Beware Of An "Operational Reality" that Contradicts The Written Policy Holmes argued that she had a reasonable expectation that her e-mails to her attorney were private because of the "operational reality" that the company did not audit employee computers during her employment. The Court of Appeal rejected this argument because there was no evidence that the company had an informal policy that contradicted its express, written policy. However, it is important to note that an informal policy that contradicts the company's written policy may support a finding that such communications are private. The "operational reality" test is used in the Ninth Circuit and is discussed in a 2008 opinion, Quon v. Arch Wireless Operating Co.[2] In Quon, the plaintiff had a reasonable expectation of privacy of his personal text messages sent from his company pager because of an informal policy that contradicted the written policy. The plaintiff's supervisor made clear that text messages would not be audited if employees paid any applicable overage charges even though the employer's policy prohibited the personal use of pagers. In other words, the "operational reality" was that the plaintiff had a reasonable expectation that his personal text messages would be kept private. Thus, in some states, an informal policy may effectively void the written policy. An Unanswered Question: Does Holmes Extend To Personal, Password Protected, Web-Based E-mail? Holmes also argued that she had a reasonable expectation of privacy because she used a private password for her company e-mail account and deleted the e-mails after they were sent. The Court rejected this argument because Holmes utilized her company e-mail account, not her personal e-mail account. The Court of Appeal distinguished a 2010 New Jersey Supreme Court decision, Stengart v. Loving Care Agency, Inc.,[3] that held an employee has a reasonable expectation of privacy on a personal, password protected, web-based e-mail account accessed from an employer's computer. In Stengart, the plaintiff used her company issued laptop to access her Yahoo account to e-mail her attorney about bringing an employment discrimination lawsuit against her employer. The Court ruled that the plaintiff did not waive the attorney-client privilege because the scope of the company's computer policy was not clear; it did not expressly reference personal, passwordprotected, web-based e-mail accounts accessed via a company computer. Moreover, the Court noted that a policy that provided notice that an employer could retrieve and read an employee's attorney-client communications accessed on a personal, password-protected e-mail account would not be enforceable because it would be void as a matter of public policy in New Jersey. Thus, in some states, an over-inclusive policy that monitors an employee's personal, password protected, web-based e-mail account may be void as a matter of law especially where attorney-client communications are at issue. his/her personal e-mail account that disrupts business operations. If you have any questions regarding the issues addressed in this Alert, please contact Michelle Brauer Abidoye or Curtis A. Graham cgraham@ fordharrison.com. Ford Harrison is a labor and employment law firm with a national practice in all aspects of labor and employment law. [1] See Holmes v. Petrovich Development Co., LLC, 2011 Cal. App. LEXIS 33 (Cal. Ct. App. Jan. 13, 2011). [2] The Ninth Circuit's holding in Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008), was later reversed, in part, by the U.S. Supreme Court on Fourth Amendment grounds; however, that opinion did not address the "operational reality" test. See City of Ontario v. Quon, 130 S. Ct. 2619 (2010). [3] See Stengart v. Loving Care Agency, Inc., 990 A.2d 650 (N.J. 2010). The Impact Of Holmes Holmes is a good reminder for all employers to review their current computer and e-mail usage policy and make sure that it adequately notifies employees that that their workplace computer and company e-mail account are not private, may be used only for business purposes and may be subject to monitoring by the company. Additionally, the Ninth Circuit's holding in Quon stresses the importance for employers to make sure that their supervisors are not communicating a contradictory informal policy that leads employees to believe that the "operational reality" of the workplace is different from the written policy. Finally, although not directly CONNECTINGAECPROCESSES addressed in Holmes, the New Jersey Supreme Court TOREALWORLDSOLUTIONS decision in Stengart suggests that employees may have a • On-Site •3D Printing reasonable expectation that •Archive •Data Management their personal, password protected, web-based e-mail •Reprographics •Color Graphics accounts are private and, •Technology •Color Management therefore, not subject to monitoring. However, despite 44 West 18th Street, New York, NY 10016 | 212.366.7022 this, an employer may www.nrinet.com implement a policy whereby it may discipline an employee who spends a significant amount of time on 9 On-Site Insights (cool websites for SDA members) This feature provides information on useful websites for A/E firms. If you have suggestions for websites to be included in future columns, please send them to Essie Borden: essie@meridiandesign.com. Information on Federal Health Care Reform The U.S. Department of Health and Human Services has established a comprehensive website – www.healthcare.gov – with information about the new health care reform law and its implementation. To see information for employers, go to this page: www.healthcare.gov/foryou/employers/ There is information for both small and large employers, and you can look up specific coverage options for your state. As the law is gradually implemented over the next few years, you will want to return to this website for updated information. This site is well worth exploring to prepare yourself and your firm for the changes we’ll all be facing soon. Essie Borden is a former Chapter Board Member and is Chair of the Certification Committee. She is Office Manager at Meridian Design Associates, Architects PC. She can be reached at 212.431.8643 or at the email above. Go The Extra Mile By Carol Doscher I heard an amazing statement from a client not long ago. A friend had told him before a presentation, "Don't worry. You're fine. They're not expecting much." Wow. That blew me away because sadly, it's true. Presentation audiences don't expect much because the norm is so low. Business audiences are used to presenters who read their slides, pack too much in, and speak without energy or passion. And to be better than that doesn't take much. But be careful. "Fine" is not good. It's halfway, lukewarm, average. Fine is dangerous and will: 1. Let you off the hook, 2. Encourage mediocrity, and most of all... 3. Cause your client to miss your message, passion and commitment. 10 SDA NY So if you're doing just enough to get by, you're cheating your audience and yourself. The truth is, the difference between a "good" presentation and a “memorable” one (where the human connection happens) is your willingness to go the extra mile. So push yourself and your team. Dig deep, go out of your way, and raise that bar. The results? 1. 2. 3. 4. 5. 6. A great presentation. LOTS more fun! No regrets. Personal satisfaction. A higher hit rate for sales presentations. A new level for other teams in your office to strive for, 7. and, you will have started raising the norm for what audiences should expect! Let it rip. Carol Doscher is President at Graceworks, Inc., who train A/E/C industry professionals to Make the Human Connection. You and your staff can make this connection each time you give a presentation, lead a project, network or even pick up the phone. But it only comes with understanding and practice. Learn more at www.graceworksinc.com or by calling Carol at 212.724.1541. IRS Announces 2011 Standard Mileage Rates The Internal Revenue Service has issued the 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2011, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: • 51 cents per mile for business miles driven • 19 cents per mile driven for medical or moving purposes • 14 cents per mile driven in service of charitable organizations The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study. A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously. The IRS is requesting public comments on whether taxpayers should be allowed to use the business standard mileage rate in this circumstance. Beginning in 2011, a taxpayer may use the business standard mileage rate for vehicles used for hire, such as taxicabs. Also beginning in 2011, the standard mileage rates are announced in a separate notice, which also provides the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate and the maximum standard automobile cost for automobiles under a FAVR allowance. The IRS plans to discontinue publishing the standard mileage rate revenue procedure annually but will publish modifications as required. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. SDA NY Chapter Events Board of Directors Annual Retreat - September 2010 at Ferguson & Shamamian A/E/C Networking Night - October 2010 at WSP Flack + Kurtz Holiday Party and Installation of New Officers - November 2010 at Nino’s Positano 11 SDA NY How Much Should A Company Spend On Marketing? By John R. Graham "How much should our company spend on marketing?" is a question that generates either silence or confusion in many companies. Sometimes both at the same time. "Don't spend a dime more than absolutely necessary," is the usual advice from some corner office. If it is necessary to err, then let it be on the side of too little. Although not very direct or decisive, only one answer determines how much should be spent on marketing, "It all depends." And it does. It all depends on what a company wants to accomplish - what marketing goals and objectives it seeks to achieve. If a company is launching a program or ready to impact in a new market, marketing costs should be significantly higher. If the company is maintaining a marketplace presence, expenses should be lower. A marketing budget is a reflection of what is to be accomplished. Beyond these basic concepts are five guidelines for thinking through the goals and objectives and creating an effective marketing budget. 1. Plan the budget for a period of at least one year. "We don't really know what we want to spend. We'll see how it goes. If the program produces results, we'll spend more." If this is the way the business is run, marketing won't help. The only effective way to develop a marketing program is to make a commitment and that includes time - at least a oneyear period. Marketing is not an instant fix. Successful marketing develops a cumulative effect in that the results increase over a period of time. Just like anything else that's of value, marketing takes time. Companies not allowing sufficient time cannot benefit from marketing. 2. Plan a budget that reflects the business. A successful New York TV production company asked a marketing agency to review its customer materials which included a brochure, presentation folder and assorted insert sheets and flyers. Even though the company's product - video programs - were in full color, its marketing information was oneand two-color. In addition, the average invoice 12 submitted to its Fortune 1000-type customers came to about $25,000. Yet the principals were marketing their firm using inappropriate materials. Of course, color costs more. But the budget must reflect the business. 3. Don't commit the entire budget to one or two activities. Maximize the impact of a budget by creating programs that develop a synergistic relationship so that the whole becomes greater than the sum of the parts. This takes talent, skill and effort, but the results are rewarding. Spending the entire budget on a magnificent brochure is a waste of money, in most cases. Nothing is left to attract prospects so the brochure can be used! Committing the entire marketing budget to a series of ads is both easy and expensive. It is also far less effective than rolling out a program that includes a number of elements that will impact various markets and audiences in a series of ways. Any marketing program (and budget) should include three components: self-promotion, media relations and advertising. The judicious melding of these components creates a much more powerful program without increasing the budget. 4. Match the budget with the goals. When it comes to marketing, many executives appear to live in a fantasy world. They expect - sometimes even demand - unrealistic results because they are unwilling to provide the budget required to reach the objectives. "We want to spend $ 100,000 and here are the markets we want to develop," stated the company president. What he wanted to accomplish required a national campaign, including extensive direct-mailing, trade show participation and advertising. A realistic figure would have been $250,000. 5. View the marketing budget as an investment in the company's future. "What's the return on my investment in marketing?" is a common question. Here are several appropriate answers: • Staying in business. Companies that refuse to market adequately and consistently most often go out of business. • • • Staying ahead of the competition. One achievement of marketing is to differentiate companies from the competition. Creating a flow of prospects. Marketing creates prospects who want to do business with you. Bulletproofing customers. Getting new customers is important, but so is keeping those you have. A marketing program should emphasize why it is in the customer's best interest to continue to do business with you. You can't get blood out of a turnip, and you can hit the target with a BB gun. It's also impossible to implement a successful marketing program with meager or inadequate funding. A marketing budget that will produce the desired results should be a reflection of both the business itself and management's objectives for the company. When this occurs, there will be sufficient dollars to achieve the goals. John R. Graham is president of Graham Communications, a marketing services and sales consulting firm founded in 1976. Graham is a prolific writer of business, marketing, and sales articles which appear regularly in a wide variety of regional and national publications. He can be reached at 617 328 0069. Legal Alert: IRS Delays Nondiscrimination Requirements SDA NY • By Jeffrey Ashendorf Under the Patient Protection and Affordable Care Act (the "Act"), insured group health plans were to be subject to nondiscrimination requirements, effective with their first plan year beginning after September 23, 2010, i.e., January 1, 2011 for calendar-year plans. On December 22, 2010, however, the Internal Revenue Service issued Notice 2011-1, stating that insured plans will not have to comply with the new nondiscrimination requirements until further guidance is issued. According to the IRS, comments that were received regarding the applicability of requirements "similar to" portions of Section 105(h) of the Internal Revenue Code to insured plans led the three agencies responsible for implementing the Act – the Departments of Treasury, Labor and Health and Human Services – to decide to delay enforcement of the nondiscrimination provisions until additional regulatory guidance can be issued. The IRS also noted that there were fundamental concerns about plan sponsors' ability to comply with the new law without further guidance, and requested that further public comments on a number of areas of concern be submitted by March 11, 2011. Specifically, the IRS asked for comments about thirteen concerns that additional guidance should address, including the following: • on what basis should a determination be made that a plan provides nondiscriminatory benefits, as well as what constitutes "benefits"; • how should the new rules apply to insured group health plans beginning in 2014 when health insurance exchanges become operational under the Act, and various other provisions (e.g., employer and individual responsibility provisions) take effect; • should an alternative method of compliance, that would require only a coverage test, be available; • should use of a "nondiscriminatory classification" provision be allowed, and should a definition of "highly compensated employee" from Code Section 414(q) be allowed to be used for those purposes; • should employers be permitted to aggregate "substantially similar" coverage options for purposes of nondiscrimination testing and, if so, on what basis should a "substantially similar" determination be made; and how should the nondiscrimination standards be applied to separate plans that are maintained in distinct geographic locations. If you have any questions about the effective date or any other aspects of the new nondiscrimination tests, please contact Jeffrey Ashendorf, at jashendorf@fordharrison.com. Ford Harrison is a labor and employment law firm with a national practice in all aspects of labor and employment law. Debriefings Done Right By Geoff Webb I'd say only a handful of leaders conduct regular debriefs, and just a few of those go deep enough to identify root causes. Beyond that a tiny number actually have a system in place that allows them to immediately capitalize on what they've learned. Follow all three steps and you'll be in the small company of exceptional leaders. Don't dally, get started right now - pull out your calendar and schedule a debrief sometime this week. I dare you. Geoff Webb is Vice President, Trainer and Coach at Graceworks, Inc., who train A/E/C industry professionals to Make the Human Connection. You and your staff can make this connection each time you give a presentation, lead a project, network or even pick up the phone. But it only comes with understanding and practice. Learn more at www.graceworksinc.com or by calling Geoff at 212.724.1541. Finishing feels good, doesn't it? There's nothing quite like putting a project to bed and moving on. Be careful, though, not to complete a project too quickly. A quiet opportunity waits at the end of every project. It holds the key to continuous improvement, but most leaders let it slip away. What is it? The Debrief. The Here and Now can be so demanding - so urgent - that we don't take time to mine our experiences for wisdom while they're still fresh. Follow these steps for effective debriefs: 1. Assemble Everyone. Get the key players together - preferably in person. Have them show up with their list of issues and recommendations. Listen to everyone. Executive or intern, it doesn't matter everyone's perspective counts. 2. Analyze Performance. What went well? What needs improvement? Push past merely discussing "what happened" into why it happened and how to sustain or improve performance. 3. Adjust Quickly. Make changes fast, don't wait. Develop and use a system that incorporates lessons learned immediately. Communicate what you learned to everyone in your organization; let others learn from your experience. Don’t Get Caught in a Winter Snow Storm! Purchase your SDA Umbrella Now! It’s lightweight, compact, and sturdy – just 6 inches long and very easy to carry – it fits in your pocket, briefcase, purse or glove compartment. At just $15 each, it is perfect for everyone. Contact Jennifer M. Greene at jgreene@ammann-whitney.com to place your order. 13 2011 Upcoming Events January 27 12:30pm Brown Bag Lunch Roundtable Magnusson Architecture and Planning 853 Broadway, Suite 800 (between 13th and 14th Streets) RSVP to Olivia Parker, op@jrsarchitect.com March 8 6:30pm Chapter Networking Night March 9 5:00pm Deadline –Early Bird Registration, EdSymposium10 February 9 8:00am Program: 401K Plans WSP Flack + Kurtz, 512 Seventh Ave, 13th Floor (between 37th and 38th Streets) RSVP to Ross Arnel, arnelassociates@aol.com March 9 5:00pm Deadline – Chapter Financial Report due to SDA National March 15 6:30pm Board of Directors Monthly Meeting ads ENGINEERS, 275 Seventh Avenue February 15 5:00pm Past Presidents Council Professional Development Grant Application Due February 15 6:30pm Board of Directors Monthly Meeting Ferguson Shamamian, 170 Lafayette Street, Suite 300 March 24 12:30pm Brown Bag Lunch Roundtable April 13 8:00am Program: Microsoft 10 Cooper Robertson & Partners, 311 West 43rd Street February 22 6:00pm Deadline for Applications EdSymposium11 Scholarship, NY Chapter April 15 5:00pm Deadline – Chapter Governance Report due to SDA National March 4 Deadline - 2011 Lifetime Achievement Award Nominations Society for Design Administration Annie Tan SDA New York Chapter P.O. Box 2589 New York, NY 10108 April 20 6:30pm Board of Directors Monthly Meeting Robert Silman Associates, 88 University Street April 22 5:00pm Deadline – STAR Awards nominations due to SDA National April 27 Administrative Professionals Day April 28 6:00pm General Business Meeting – All Members Invited Location: WSP Flack + Kurtz, 512 Seventh Ave, 13th Floor (between 37th and 38th Streets) Please Note: • If you would like to volunteer your office to host a Program, please contact Ross Arnel (rarnel@arnelassociates.com) • If you would like to volunteer your office to host a Roundtable Editor Jennifer M. Greene Senior Editors, Essie Borden and Amy Nanni Production and Design by Sharri H. Jackson SkyLines logo by Sharon Kon Luncheon, please contact Olivia Parker (op@jrsarchitect.com) • If you are interested in participating in a committee, please check out our NY Chapter Website: www.sdanyc.org