Attention all ACB members:

There will be an individual and affiliate roll call vote on Wednesday July 13^th for three resolutions and four constitution and bylaw amendments. Individual voting will take place from 4-8pm CT. The affiliate roll call vote will take place at 7pm CT and will be broadcast on ACB Media 1. The three resolutions and constitution and bylaw amendments will all reside on one ballot. The resolutions will have the title of the resolution and the resolve clauses included, and the constitution and bylaws amendments will have the title of the amendment, the language that is changing, and the new proposed amendment included. Below are the resolutions and constitution and bylaw amendments that will be voted on.

Resolutions

Resolution 2022-05: Capitalization of Braille When Referring to the Code

Submitted by: ACB Students

Whereas, the invention of the Braille code has brought truly functional literacy to people who are blind; and

Whereas, since its invention, the Braille code has facilitated access to education, employment, information and entertainment for millions of people who are blind; and

Whereas, Braille was devised by Louis Braille who was himself blind; and

Whereas, Louis Braille is an example to us all of what can be achieved when we as people who are blind solve our own problems; and

Whereas, the Braille Authority of North America (BANA) issued a statement over a decade ago recommending that when referring to the code, the word Braille should not be capitalized; and

Whereas, many other significant inventions named after the inventor continue to be capitalized including the Morse Code, the Fahrenheit and Celsius temperature scales, and even the Nemeth Braille Code; and

Whereas, capitalizing Braille when referring to the code is an appropriate way to show our appreciation and respect for Louis Braille's priceless contribution to people who are blind throughout the world; Now, therefore, be it

Resolved, By The American Council of the Blind in convention assembled this — day of July, 2022, at The CHI Health Center Omaha, in Omaha NE, that The American Council of the Blind, immediately begin capitalizing Braille when referring to the code in all internal and external communications; and

Be it further resolved that the American Council of the Blind calls upon the Braille Authority of North America (BANA) to conduct an independent, fair, and transparent survey of end users of Braille on the capitalizing of Braille.

Resolution 2022-15: Amazon Disability Customer Support Line

Submitted by: Margie Donovan and the California Council of the Blind

Whereas, millions of shoppers, including those who are blind or have low vision, purchase products online from Amazon; and

Whereas, much to Amazon's credit, they have established a Disability Customer Support Line (888(283-1678), for people with disabilities to get assistance with, among other things, browsing their products lines and obtaining detailed visual product descriptions; and

Whereas, many Amazon Disability Customer Support Line representatives do not provide adequate products descriptions, resulting in unwanted items being purchased and the inconvenience of making returns, now, therefore, be it

Resolved, By The American Council of the Blind in convention assembled this — day of July, 2022, at The CHI Health Center Omaha, in Omaha NE, that this organization commence a dialogue with Amazon to determine the best solutions to ensure that Amazon's Disability Customer Support Line staff will provide accurate product descriptions for people who are blind or have low vision.

Resolution 2022-16: Sustaining the Benefits of Successful Accessibility Litigation

Submitted by: Steven Mendelsohn

Whereas, ACB, its affiliates and its members have achieved many advocacy successes through accessibility litigation and structured negotiations; and

Whereas, the majority of these successes have been achieved by settlement agreements between the parties which avoid the costliness, and delay of trials and appeals; and

Whereas, such settlements are entered into for fixed periods of time, frequently 3 years; and

Whereas, once the settlement agreement expires, no legally enforceable mechanism exists for remedying subsequent conduct that would have violated the settlement agreement; now therefore, be it

Resolved By The American Council of the Blind in convention assembled this — day of July, 2022, at The CHI Health Center Omaha, in Omaha NE, that this organization seek systemic change in order to achieve more permanent settlement in disability rights cases; and

Be it further resolved that as a first step toward this goal, ACB, through its advocacy steering committee, seek to collaborate with other entities dedicated to civil rights to identify, evaluate, and implement legal strategies and other means and mechanisms for promoting long-term, positive structural change through civil rights settlements and consent decrees. 

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Constitution & Bylaw Amendments

2022-01

Proposed amendment to ACB constitution Article VI, Paragraph C to expressly specify that written electronic communications are acceptable when ACB board members request that a meeting of the board's executive committee be held.

Article VI Powers and Duties of the Conference and Convention, the Officers, the Board of Directors and Committees:

Current language: (sentences are numbered using brackets only for identification purposes)

C. [1] The Board of Directors shall be the governing body of this organization between conferences and conventions, provided that it shall make no policy decisions and take no official action in conflict with existing decisions or actions of the conference and convention. [2] The Board of Directors is hereby authorized to establish an Executive Committee consisting of five (5) members selected and constituted in the following manner: two (2) members shall be elected by, and from among, the ten (10) Directors; two (2) members shall be elected by, and from among, the five (5) officers and the Immediate Past President; the president shall serve as chairperson. [3] Except for the president, no Executive Committee member shall serve for more than two (2) consecutive one (1) year terms. [4] The Executive Committee shall meet at the call of the president, or upon the written request of three (3) of its members. [5] Such request shall be sent by any method, which provides for written proof of receipt, at least five (5) calendar days prior to the proposed meeting day. [6] In order to expedite the conduct of business which cannot wait until a regularly scheduled meeting of the Board of Directors, the Executive Committee shall be authorized to act on behalf of the Board of Directors between regular meetings of that board, provided it shall make no policy decisions and take no official action in conflict with existing decisions or actions of the Board of Directors or the conference and convention. [7] Minutes of each Executive Committee meeting shall be sent to each member of the Board of Directors within fifteen (15) days after the Executive Committee meeting, or at least seven (7) days prior to the next meeting of the Board of Directors, whichever occurs first.

Proposed language:

Strike the fifth sentence and replace with the following:

Such request shall be sent to each board member or their designee, (which designee shall have signed the confidentiality agreement applicable to all board members),  via any means of written electronic communication at least five (5) calendar days prior to the proposed meeting date.

If adopted, Article VI, Paragraph C would then read:

C. The Board of Directors shall be the governing body of this organization between conferences and conventions, provided that it shall make no policy decisions and take no official action in conflict with existing decisions or actions of the conference and convention. The Board of Directors is hereby authorized to establish an Executive Committee consisting of five (5) members selected and constituted in the following manner: two (2) members shall be elected by, and from among, the ten (10) Directors; two (2) members shall be elected by, and from among, the five (5) officers and the Immediate Past President; the president shall serve as chairperson. Except for the president, no Executive Committee member shall serve for more than two (2) consecutive one (1) year terms. The Executive Committee shall meet at the call of the president, or upon the written request of three (3) of its members. Such request shall be sent to each board member or their designee, (which designee shall have signed the confidentiality agreement applicable to all board members),  via any means of written electronic communication at least five (5) calendar days prior to the proposed meeting date. In order to expedite the conduct of business which cannot wait until a regularly scheduled meeting of the Board of Directors, the Executive Committee shall be authorized to act on behalf of the Board of Directors between regular meetings of that board, provided it shall make no policy decisions and take no official action in conflict with existing decisions or actions of the Board of Directors or the conference and convention. Minutes of each Executive Committee meeting shall be sent to each member of the Board of Directors within fifteen (15) days after the Executive Committee meeting, or at least seven (7) days prior to the next meeting of the Board of Directors, whichever occurs first.

2022-02

Proposed amendment to ACB constitution Article IV, Paragraph H to specify that notice of special ACB board meetings be sent by written electronic communication rather than postal communication and shortening the time for such notice from fourteen to seven days.

Article IV Officers:

Current language: (sentences are numbered using brackets only for identification purposes)

H. [1] The president may call a special meeting of the Board of Directors at any time, and shall call a special meeting of the Board upon the request of at least five (5) members of the Board. [2] Written notice of the meeting shall be forwarded to each member of the Board, postmarked at least fourteen (14) days prior to the meeting date. [3] The time, the location, and the specific purpose of the meeting shall be included in the notice.

Proposed language:

Strike the second sentence and replace with the following:

Notice of the special meeting shall be sent to each board member or their designee, (which designee shall have signed the confidentiality agreement applicable to all board members),    via written electronic communication at least seven (7) days prior to the meeting date.

If adopted, Article IV, Paragraph H would then read:

H. The president may call a special meeting of the Board of Directors at any time, and shall call a special meeting of the Board upon the request of at least five (5) members of the Board. Notice of the special meeting shall be sent to each board member or their designee, (which designee shall have signed the confidentiality agreement applicable to all board members),    via written electronic communication at least seven (7) days prior to the meeting date. The time, the location, and the specific purpose of the meeting shall be included in the notice.

2022-03

Proposed amendments to ACB constitution Article IV, Paragraphs A and B to raise the current limitation on the number of persons who may be elected as directors to the ACB board from any one state from one person to two persons, and addition of new subsection C1 to clarify that No more than three persons from the aggregate of officers and directors may be elected from any one state, nor shall more than two officers nor more than two directors be elected from any one state.

Article IV Officers:

Current language: (sentences are numbered using brackets only for identification purposes)

A. [1] The officers of this organization shall consist of a President, a 1st Vice President, a 2nd Vice President, a Secretary and a Treasurer, and their terms of office shall be two (2) years or until a successor has assumed the duties of the position. [2] The officers shall be elected in each odd-numbered year at the annual conference and convention. [3] No more than two (2) officers shall be elected from any one (1) state.

B. [1] In addition to the officers, this organization shall have ten (10) directors, to be elected by the conference and convention for terms of four (4) years or until a successor has assumed the duties of the position. [2] Five (5) directors shall be elected in each even-numbered year. [3] No more than one (1) director shall be elected from any one (1) state.

C.

1. A candidate for the position of officer or director shall be considered to be from the state in which the candidate maintains legal residence at the time the election is conducted, and, if elected, shall be considered to be a resident of that state until the end of that particular term.

2. For purposes of sections A and B, state shall be defined as the fifty (50) United States, and other political subdivisions of the United States including but not limited to: the District of Columbia, the Commonwealth of Puerto Rico, and other United States territories.

3. Officers and directors elected under sections A and B respectively shall assume their duties at the close of the conference and convention at which they are elected.

Proposed language:

Strike the last sentences of Article IV, Paragraphs A and B; add an Oxford comma after the word "secretary" in the enumeration of officers in Paragraph A, add new Paragraph subsection C1 below, and renumber existing Paragraph C subsections accordingly

C.

1. No more than three (3) persons from the aggregate of officers and directors shall be elected from any one (1) state, nor shall more than two (2) officers nor more than two (2) directors be elected from any one (1) state.

If adopted, Article IV, Paragraphs A, B, and C would then read:

Article IV Officers:

A. The officers of this organization shall consist of a President, a 1st Vice President, a 2nd Vice President, a Secretary, and a Treasurer, and their terms of office shall be two (2) years or until a successor has assumed the duties of the position. The officers shall be elected in each odd-numbered year at the annual conference and convention.

B. In addition to the officers, this organization shall have ten (10) directors, to be elected by the conference and convention for terms of four (4) years or until a successor has assumed the duties of the position. Five (5) directors shall be elected in each even-numbered year.

C.

1. No more than three (3) persons from the aggregate of officers and directors shall be elected from any one (1) state, nor shall more than two (2) officers nor more than 2(2) directors be elected from any one (1) state.

2. [unchanged language of previous paragraph C1]

3. [unchanged language of previous paragraph C2]

4. [unchanged language of previous paragraph C3]

2022-04

Proposed amendment to Bylaw 6B to impose a deadline for the submission of resolutions.

Bylaw 6 Committees:

Current language: (sentences are numbered using brackets only for identification purposes)

B. Resolutions Committee: [1] The president, within sixty (60) days after the close of each national conference and convention, shall appoint a chairperson and not less than four (4) additional members as a Resolutions Committee. [2] This committee shall receive and prepare resolutions to be considered at its opening meeting in conjunction with the ensuing national conference and convention. [3] All resolutions submitted to the committee shall be reported upon with or without committee recommendation, unless the resolution is withdrawn by its author or an individual representative of the author designated in writing. [4] If a resolution is adopted by the conference and convention, and during this process, any conflicting previously adopted resolutions are not rescinded, the most recently adopted resolution on the subject shall take precedence.

Proposed language:

Strike the second sentence and add the following sentences:

Any resolutions to be considered shall be submitted not less than sixty (60) days prior to the opening date of each conference and convention. Resolutions submitted after this deadline shall only be accepted if it can be demonstrated that circumstances effectively precluded their consideration prior to the deadline. The committee shall communicate this deadline using the ACB Braille Forum and other ACB Communication channels not less than one hundred and twenty (120) days prior to the day of the opening session of each conference and convention.

Strike the current third sentence and replace with the following:

All resolutions submitted to the committee within the aforementioned deadline or that have been accepted after that deadline shall be reported upon with or without committee recommendation, unless the resolution is withdrawn by its author or an individual representative of the author designated in writing.

If adopted, Bylaw 6, Paragraph B would then read:

B. Resolutions Committee: The president, within sixty (60) days after the close of each national conference and convention, shall appoint a chairperson and not less than four (4) additional members as a Resolutions Committee. Any resolutions to be considered shall be submitted not less than sixty (60) days prior to the opening date of each conference and convention. Resolutions submitted after this deadline shall only be accepted if it can be demonstrated that circumstances effectively precluded their consideration prior to the deadline. The committee shall communicate this deadline using the ACB Braille Forum and other ACB Communication channels not less than one hundred and twenty (120) days prior to the day of the opening session of each conference and convention. All resolutions submitted to the committee within the aforementioned deadline or that have been accepted after that deadline shall be reported upon with or without committee recommendation, unless the resolution is withdrawn by its author or an individual representative of the author designated in writing. If a resolution is adopted by the conference and convention, and during this process, any conflicting previously adopted resolutions are not rescinded, the most recently adopted resolution on the subject shall take precedence.

Good afternoon, all,

Here are the resolutions which will be voted on Wednesday with any changes made.

Please feel free to share.

Sincerely,

Malaina VanderWal, Assistant Secretary

Michigan Council of the Blind and Visually Impaired

ACB 2022 Resolutions

**** Resolution 2022-05

Capitalization of Braille when referring to the code Submitted by: ACB Students

Whereas, the invention of the Braille code has brought truly functional literacy to people who are blind; and

Whereas, since its invention, the Braille code has facilitated access to education, employment, information, and entertainment for millions of people who are blind; and

Whereas, Braille was devised by Louis Braille who was himself blind; and

Whereas, Louis Braille is an example to us all of what can be achieved when we as people who are blind solve our own problems; and

Whereas, the Braille Authority of North America (BANA) issued a statement over a decade ago recommending that when referring to the code, the word Braille should not be capitalized; and

Whereas, many other significant inventions named after the inventor continue to be capitalized including the Morse Code, the Fahrenheit and Celsius temperature scales, and even the Nemeth Braille Code; and

Whereas, capitalizing Braille when referring to the code is an appropriate way to show our appreciation and respect for Louis Braille's priceless contribution to people who are blind throughout the world; Now, therefore, be it Resolved, By The American Council of the Blind in convention assembled this — day of July 2022, at The CHI Health Center Omaha, in Omaha NE, that The American Council of the Blind, immediately begin Capitalizing Braille when referring to the code in all internal and external communications; and

Be it further resolved that the American Council of the Blind calls upon the Braille Authority of North America (BANA) to conduct an independent, fair, and transparent survey of end users of Braille on the capitalizing of Braille.

**** Resolution 2022-15

Amazon Disability Customer Support Line

Submitted by: Margie Donovan and the California Council of the Blind

Whereas, millions of shoppers, including those who are blind or have low vision, purchase products online from Amazon; and

Whereas, much to Amazon's credit, they have established a Disability Customer Support Line (888)-283-1678), for people with disabilities to get assistance with, among other things, browsing their products lines and obtaining detailed visual product descriptions; and

Whereas, many Amazon Disability Customer Support Line representatives do not provide adequate products descriptions, resulting in unwanted items being purchased and the inconvenience of making returns;

now, therefore, be it Resolved, By The American Council of the Blind in convention assembled this — day of July 2022, at The CHI Health Center Omaha, in Omaha NE, that this organization commence a dialogue with Amazon to determine the best solutions to ensure that Amazon's Disability Customer Support Line staff will provide accurate product descriptions for people who are blind or have low vision.

**** Resolution 2022-16

Sustaining the Benefits of Successful Accessibility Litigation submitted by: Steven Mendelsohn

Whereas, ACB, its affiliates and its members have achieved many advocacy successes through accessibility litigation and structured negotiations; and

Whereas, the majority of these successes have been achieved by settlement agreements between the parties which avoid the costliness, and delay of trials and appeals; and

Whereas, such settlements are entered into for fixed periods of time, frequently 3 years; and

Whereas, once the settlement agreement expires, no legally enforceable mechanism exists for remedying subsequent conduct that would have violated the settlement agreement;

NOW THEREFORE, Be It Resolved By The American Council of the Blind in convention assembled this — day of July 2022, at The CHI Health Center Omaha, in Omaha NE, that this organization seek systemic change in order to achieve more permanent settlement in disability rights cases; and

Be it further resolved that as a first step toward this goal, ACB, through its advocacy steering committee, seek to collaborate with other entities dedicated to civil rights to identify, evaluate, and implement legal strategies and other means and mechanisms for promoting long-term, positive structural change through civil rights settlements and consent decrees.

Hello Donna and Bob, 

Donna, let us keep asking such questions. Also, I truly would hope that there was a way to quickly vote on resolutions. It appears that we have a lot of time during this week to hear many of them.

I feel so bad for the Media Team as the Alexa media convention sessions are difficult to hear. Let us hope the future will see improvement here. Hotels are usually very hard to make complicated internet connections work.

Bob Acosta

Bob and all:

I’ve asked this question for just a few years now, and having sat in the presidents seat in CA and observed things from the sidelines when Mitch was ACB President, I know there are a lot of moving parts which is why I’m now asking the question since we are having this discussion now and not able to ask questions from the floor or through Zoom since I am not at the convention.

I do know a number of other folks have wondered this for awhile besides yourself which is why I’m asking now cuz I’m still wondering. All questions are good questions.

Many thanks and hope to hear soon, as am sure I would have from the floor if I was allowed to ask that question if I was there.

Donna Pomerantz

626.233.2991

dmpomerantz@...

Donna, I have always wondered about your inquiry. How do we know that those hands reaised are all from members? Bob Acosta

Sounds like there has been a lot of thought put into the voting on resolutions…thanks to everyone for that.

Question…and you might not have the ability to do this, this time around so please directly say so if that is the case as am sure there are a lot of moving parts...

Do you have the ability to send out a “members only” Zoom information for members to use to log on to so that it can be assured that “only members” are seeking role call, etc…or will Nancy or someone else make sure that all hands up are members only before any Zoom votes are taken…before moving on?

Thanks so much.

Donna Pomerantz

626.233.2991

dmpomerantz@...

Donna, I have always wondered about your inquiry. How do we know that those hands reaised are all from members? Bob Acosta

Sounds like there has been a lot of thought put into the voting on resolutions…thanks to everyone for that.

Question…and you might not have the ability to do this, this time around so please directly say so if that is the case as am sure there are a lot of moving parts...

Do you have the ability to send out a “members only” Zoom information for members to use to log on to so that it can be assured that “only members” are seeking role call, etc…or will Nancy or someone else make sure that all hands up are members only before any Zoom votes are taken…before moving on?

Thanks so much.

Donna Pomerantz

626.233.2991

dmpomerantz@...

Hello fellow Lions,

On behalf of the Nomination Committee, I would like to congratulate the newly elected officers. We wish you much success in your new role and a great year with ACB Lions.

I would also like to think Sharon Howerton and Debbie Deatherage   who served on this committee with me. I thank them for their time, work and participation. It was a pleasure to work with them and serve as committee chair.

I was disappointed that I could not be present today  but  I have just started a new job and the timing was not good for me,, however, I was there in mind and spirit.

 

The Nomination Committee,

Rosanna Beaudrie : chair

Sharon Howerton

Debbie Deatherage