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
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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
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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