Ray called the meeting to order at 9:03. He informed the delegates that $40,000 had been raised yesterday for the Baltimore Symphony Orchestra musicians. (Some of that came from orchestras, of course, and likely would have come later as a response to a call for action from ICSOM. But still impressive.)
Ray introduced Rob DiPaolo, head of the Sound Recording Special Payments Fund. Talked about increases in fund income due to new sources of revenue negotiated by the AFM. Last year Fund paid out $7 million to almost 24,000 musicians; included a $1.9 million special distribution (based on settlement with Sony and Universal over unaudited company income). I have to admit that I didn't pay a lot of attention to the bulk of the presentation. It would be lovely if the AFM put the presenters' Powerpoint slide shows on the website; I'm sure a lot of this stuff is of more interest to various segments of our membership than it is to the delegates as a whole. I know that, if I made money from this Fund, I'd want to see this presentation. And lots of the presentations are very hard to read from where I sit.
Ray talked about the "ton of new money" that streaming has created, and how we want to replicate the AFM's success in negotiating for streaming revenue from sound recording in film and TV as well.
Ray introduced Dan Beck, Trustee of MPTF.
Beck talked about increase in revenue from streaming due to new agreements negotiated by the AFM. Last Convention, we had about 30 months until the Fund was insolvent. When your negotiating team saw that streaming was the future, that was a magic moment for the Fund. Imagine no MPTF; it's really important to understand how critical your efforts really are. We grew our distribution by 25% this last year; $848,000 in total. We'd been operating at a loss for probably a dozen years; we've turned that around. Will probably grant $1.1 million this year. We funded over 2,000 events last year, a growth over previous years.
Two years ago, 93 locals received grants. This last year, 105 Locals shared our grant resources. This FY we're projecting 120 Locals to receive grants. Talked about MusicianFest; an initiative to put solo musicians into senior centers strapped for money. We've done 500 of these a year; this year we'll do 1,000. A film about that is on the Fund website. (showed excerpt from film). Standing ovation after clip.
Our next goat is to appear in bigger arts and community events. People need you and live music.
Standing ovation. Ray thanked Beck. He said that the employers of the SLRA were determined to let MPTF die. Their lead negotiator said "we are not going to put more money into your favorite charity." Today we saw Universal's VP of Royalties talk about great MPTF was. After John Hall died, employers hired Dan Beck without even talking to us. We almost filed a ULP over it. When I got to know Dan, though, I found it he was what we really needed.
Ray returned to Resolution No. 12; said that the proponent (John O'Connor) had withdrawn it yesterday and had intended to submit an Emergency Resolution as a substitute, but had decided not to. Ray said that the AFM would provide best practice guidelines in the next 12 months regarding the issues raised by the Resolution, and invited comment. I went to the mic and thanked John O'Connor for raising an important issue and the IEB for taking the issue on formally, thereby helping many of us in the field, even if we didn't realize we needed help.
I thus broke my resolution not to speak once at the mic at this Convention. O well.
Ray proceeded to Emergency Recommendation No.1 (AFM Code of Conduct). He read most (maybe all) of it. He introduced General Counsel Emeritus Jeff Freund to speak on the origin of the Code of Conduct; impetus came from events that occurred at AFM events.
Alan Keys: point of order; doesn't this require permission of the body to be introduced?
Ray: not according to standing rules of convention; IEB can introduce by 2/3 majority vote.
Eddie Bayens: this was considered and recommended by Law Committee.
Freund: as I was saying, concerns arose about previous events. We concluded we didn't have language to deal with that. At the same time, various organizations developed various approaches and responses to these issues. AFL-CIO adopted codes of conduct like this one; this language comes directly from an AFL-CIO organization's rules of procedure.
Jennifer Garner; would just add hat this administration has always taken this issue very seriously. It's past time to have this codified.
Local 815: am huge proponent, but have one concern regarding definition of discrimination. Concerned that it might invalidate bylaws (Article 17 Section 4b (re merged locals and additional delegate) that allow for diversity delegates, as they are chosen partly on the basis of race and ethnicity.
Ray: scope of ER is about behavior at AFM events; should not be viewed as a vehicle to infringe on other bylaws.
Freund: you'll remember a long discussion at a previous convention on how Article 17 Section 4b needed to be changed. There is now nothing inconsistent between ER and that bylaw.
Local 99: thank the IEB for this; question re 14c (line 72); want clarification that when designated person is the person about who the complaint is made, what happens.
Ray: good question. Jay's not going to do anything (laughter) If there ever was a high priest of this organization...
(consultation on the dais)
Ray: house counsel suggests adding "or his or her designee" after "international S/T" We'll take under consideration.
Local 6 Beth Zare: in suport.
Ray: if you'll just agree that we'll modify this to solve that problem, we'll go ahead
Local 193: you asked us to look this over carefully, and I did so. I have nothing to say about about content, but I do have a comment about the Oxford comma; practice is not consistent. Encourage to to fix it.
Ray: we will make those changes.
Local 99: if we need an amendment, I've got one. Add to Line 74 "designated person shall not the be the subject... (after S/T) or the most senior IEB member in attendance."
Local 149: amendment will cause a circular reference.
?: article 18 section 9 refers to amendments in writing.
Ray: requested that amendment be put in writing.
Local 4: point about senior vs highest-ranking.
Ray shot me down (correctly) when I raised a point about another issue.
Local 99: New amendment re line 74; didn't quite catch it. (some by-play about bad handwriting; turns out it was actually Jeff Freund's writing.)
Me: is that fact that not every characteristic listed in lines 5-6 not actually protected by law in every jurisdiction an issue that could open a loophole?
Freund: no.
? amendment Line 20 insert "unjust or prejudicial" before "decision."
Freund: Gives me some pause. Neither term is defined by policy, and actually narrows the policy rather than expand it.
Local 47: intention was to narrow; (not quite sure I understood the point).
Francine Local 802: I agree that just the word "unjust" would be good.
Local 400: asks lawyers to speak to overarching nature and maybe dispose of all these things by that. This is about negative actions, not positive ones.
Ray: this is pretty much a carbon copy of what the AFL-CIO put together to protect people from being hurt; not intended to create a pathway for other expressions. This is my 18th convention; I've witnessed and seen things that have given rise to need for protection.
Garner: appreciate the point; Ray is correct that was intended to protect against harmful acts. Perhaps change "prejudicial" to "harmful."
Local 47: happy to withdraw amendment in terms of suggested amendment.
Ray; asked permission to withdraw. need permission of seconders and body; no objection hears, withdrawn.
ROPA: concerned about adding limiting language; don't need it.
Ray: previous speaker suggested the IEB insert the word "harmful" in line 20. (consultation). With the permission of the body and deference to delegate from 359, ask permission of body to insert "harmful" before "decision" on Line 20. (no objection).
Ray: further discussion on main motion. None; ER 1 adopted on voice vote.
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