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NaCCRA Forum: Governance of CCRC/LifePlan Communit

elections
Linda Kilcrease

For your resident council annual elections. Do you have any rules or process to follow if you are a candidate? If so, what are they?


If someone is a write-in candidate, with your name not on the ballot, are you forbidden to email people who are voting to let them know you are running as a write-in candidate? Are you forbidden to include / send email to people who do not know you, and if you do you are reprimanded?


Can you campaign in any way, like put a post on a bulletin board? Hand out flyers? Hold a meeting to invite people to get to know you?


Do candidates get a pamphlet about what activity is permitted to avoid misunderstandings and problems during the election?


Linda Kilcrease

Resident of a CCRC

Ed Welch

At Westminster Place in Evanston Illinois. We do not have any of the rules you mention but so far as I know, no one does most of those things you mentioned. It seems to be assumed here that the Nominating Committee will select and sort though the suggested candidates, choose one candidate for each office and those candidates will become members of the RAC. This surprises me and strikes me as rather undemocratic. How is it done in other places?

William Samuel

At Ingleside at King Farm (Rockville, Maryland), the Resident Council also has a process to vet and choose a candidate for each position. Anyone else can run with a petition signed by 10 residents, which has never happened.


Bill Samuel

Leslie Durr

I have become aware that at Westminster Canterbury of the Blue Ridge, the nominating committee gleans names from the various IL areas, discusses who would be best for the two open offices each year, submits the two names to the resident association who then get to vote 'aye'. It's totally undemocratic and against the norms of every professional association/non-profit I have ever been a member of.

Others?

William Samuel

At Ingleside at King Farm in Rockville, Maryland, when I came here in 2014, residents could put their hat in the ring for positions or others could put their names in. There was always a forum where candidates could speak, and then we had elections which were sometimes competitive, although sometimes only one had put in for a position or even no one. When we began preparing for expansion, there was a task force to work on modifying the governance to be appropriate for the new situation with two residential buildings. The elections system was then modified to provide for a Nominating Task Force to select candidates, with the possibility for additional residents to petition to be candidates. The 2022 revision of the Bylaws further changed the system to the following:


ARTICLE V

Elections

Section 1. The Council encourages and facilitates participation in elections by all members of the Association.

Section 2. A Nominating Task Force shall be selected annually each January by the Executive Committee (see Article VI) to propose candidates for each open elected position on the Council (i.e. Officers and At Large members). This Task Force shall consist of five Residents not running for office, including current and past members of the Council. In selecting the Task Force, the Executive Committee shall seek equitable representation from Fountainside and Gardenside. By March 15 of the first year of a two-year election cycle, the Task Force shall propose candidates for President and each of two Vice Presidents (one each from Fountainside and Gardenside). The following year, the Task Force shall propose candidates for Secretary-Treasurer and each of three At Large positions, including at least one At Large candidate from both Fountainside and Gardenside.

.

Any Resident may submit his or her name or the name of any other Resident to the Nominating Task Force for consideration as a candidate, provided that the proposed Resident agrees to serve as a member of the Council if elected. The Council is of the view that, while more than one candidate may be proposed for any position, the Nominating Task Force shall strive to narrow the nominations to one candidate per position where possible.


Elections shall be held in April for terms to begin in May. All members of the Resident Association shall be eligible to vote for any and all of the candidates nominated by the Nominating Task Force.


---------------------------



Ed Welch

This is now being debated at Westminster Place in Evanston, IL. There are very strong feelings both ways.


It seems to me that when a committee nominates only one candidate for each position, it gives the impression that a small group of people are choosing who is on the RAC.

William Samuel

It's a difficult matter. Yes, it does seem like that. OTOH, the purpose is to ensure there is someone capable and ready to serve for each position, and that there is balance on the Council as a whole (which was a major consideration at my community in moving to such a system). Without that, you can wind up with no candidate or a candidate who is not suited for the position, and you can also wind up with a Council significantly unrepresentative of the total population. There are no easy answers.


Bill Samuel, Ingleside at King Farm, Rockville, Maryland

Leslie Durr

This is interesting. Whose definition of "balanced" is used? We are probably a vast majority of women, yet the same men seem to run things. Is that balanced?

Capable and ready? Is the chair of the healthcare committee with no healthcare experience (but male) more qualified - capable - than several seasoned nurses?

William Samuel

Quoted Text

This is interesting. Whose definition of "balanced" is used? We are probably a vast majority of women, yet the same men seem to run things. Is that balanced?

Capable and ready? Is the chair of the healthcare committee with no healthcare experience (but male) more qualified - capable - than several seasoned nurses?

Sounds like you have problems at your CCRC. In my community, many women are in leadership roles in the Resident Council and resident committees (and in staff - the top three staff positions are all held by Black women, and in our corporate office both the CEO and COO are women). The Healthcare Committee has been consistently composed mostly of retired healthcare professionals, and I believe all of its Chairs have been retired physicians. Of course, not every community is going to have as many retired healthcare professionals as we do, partly because we are near the NIH headquarters. One aspect of balance considered here is between residents of our two buildings.


We also use term limits to keep the same residents from running things all the time. For example, all positions on the Resident Council are for two years, and only one term in an office is permitted.


Bill Samuel, Ingleside at King Farm, Rockville, Maryland



Bruce MacLaury

Re single candidate for given office proposed by Nominating Task Force, under earlier bylaws at Ingleside King Farm, any ten residents could propose an alternative candidate, whose name would then appear on the ballot. That alternative was not in practice used, but it overcame the appearance or fact of pre-selected outcomes. Very important.

Leslie Durr

That would be an improvement. We have a slate of two people chosen by the Nominating Committee (after discussing who would be good I suppose) and at a meeting of the entire residents in IL, we get to affirm them by saying aye. No ballots, no opportunity to write in anyone. Just 'aye' or nominate oneself AT the meeting (I understand no one has).

Leslie Durr

Will someone please share their facility's bylaws pertaining to the election process? I may be optimistic but I'd like to propose an amendment to our "just vote yes for whom we want" process. If I don't have to reinvent the wheel, that would be great.


For those at facilities what have the type of officer elections like we have (very undemocratic) is anyone disturbed by that?

Enver Masud

Ashby Ponds Resident Advisory Council Constitution & Bylaws

William Samuel

Here at Ingleside at King Farm in Rockville, MD, there has been an evolution in how we run elections. When I first came here, residents would choose to run for seats and there were sometimes several different candidates. Then they moved to a system where a Nominating Task Force selected candidates, with an option for others to petition to be candidates with 10 signatures from residents. Last year, they removed the option for additional candidates by petition. This makes the Resident Council in effect a self-perpetuating body. The Residents Association as a whole never meets.


ARTICLE V


Elections


Section 1. The Council encourages and facilitates participation in elections by all members of the Association.


Section 2. A Nominating Task Force shall be selected annually each January by the Executive Committee (see Article VI) to propose candidates for each open elected position on the Council (i.e. Officers and At Large members). This Task Force

shall consist of five Residents not running for office, including current and past members of the Council. In selecting the Task Force, the Executive Committee shall seek equitable representation from Fountainside and Gardenside. By March 15 of the first year of a two-year election cycle, the Task Force shall propose candidates for President and each of two Vice Presidents (one each from Fountainside and Gardenside). The following year, the Task Force shall propose candidates for Secretary-Treasurer and each of three At Large positions, including at least one At Large candidate from both Fountainside and Gardenside. Any Resident may submit his or her name or the name of any other Resident to the Nominating Task Force for consideration as a candidate, provided that the proposed Resident agrees to serve as a member of the Council if elected. The Council

is of the view that, while more than one candidate may be proposed for any position, the Nominating Task Force shall strive to narrow the nominations to one candidate per position where possible.


Elections shall be held in April for terms to begin in May. All members of the Resident Association shall be eligible to vote for

any and all of the candidates nominated by the Nominating Task Force.


Section 3. Terms of elected members of the Council shall be two years. All Council members shall be eligible to serve consecutive terms. Any elected member of the Council whose term is expiring may be nominated for a different

position on the Council. And any elected member may be nominated for their previously-held position after at least one year off the Council, provided that he or she has not previously served for two terms in that position.


Section 4. Chairpersons of the Council Committees (see Article VII) shall be selected by the members of their respective Committees in December to serve two-year terms beginning in January, ordinarily with a limit of two terms.


Section 5. If a member of the Council (elected or Committee Chair) resigns or is unable to serve until the expiration of his/her term, that position shall be filled as expeditiously as possible by the following procedures: President: by a Vice President, elected by secret ballot of the Council; Vice President: by an At Large member, elected by secret ballot of Council; preserving building representation; Secretary-Treasurer: by an At Large member, selected by the Executive Committee; At Large member: selected by the Executive Committee, preserving representation balance; Council Committee Chair: by the relevant Committee.


Section 6. A person selected or elected to serve the balance of the term of a Council member who resigns or is unable to serve may be nominated to serve two full two-year terms if he/she has served as a replacement member for less than one year.



Leslie Durr

So Residents don't really vote for one of several nominees. The Nominating Committee pre-selects and Residents only affirm.

Enver Masud

Candidates running for election to Ashby Ponds Residential Advisory Council (RAC) are not told how many votes each candidate received. In any case RAC is NOT in compliance with Code of Virginia § 38.2-4910.A. at https://law.lis.virginia.gov/vacode/title38.2/chapter49/section38.2-4910/, that requires the Resident Advisory Council (RAC) be “self-organized”.

On July 21, 2023, the State Corporation Commission's (SCC) Daryl Hepler responded to my complaint, filed pursuant to State Corporation Commission (SCC) Consumer Guide (page 05) at https://scc.virginia.gov/getattachment/6c1252ee-0060-41c9-b3db-28fb3379cbb7/CCRC-Guide.pdf, that "Chapter 49 of Title 38.2 does not define the term, and a search of Title 38.2 does not reveal a definition."

Until “self-organized” is defined, the SCC complaint procedure that VaCCRA lobbied for will lack enforcement power. To be effective, the Ombudsman proposed by VaCCRA will also need a definition of “self-organized."

The study of self-organization spans various scientific disciplines, and its roots can be traced back to different fields and time periods. Here are a few key points in the history of the study of self-organization:

1. Physics (19th Century): The idea of self-organization has roots in physics, particularly in the study of thermodynamics and statistical mechanics. Scientists like Ludwig Boltzmann and Josiah Willard Gibbs made contributions to understanding how order can emerge from disorder in physical systems.

2. Biology (20th Century): In the mid-20th century, biologists started to explore self-organization in living systems. Conrad Waddington, a developmental biologist, introduced the concept of "epigenetics" and "canalization," which referred to the self-regulation and robustness observed in biological development.

3. Cybernetics (20th Century): The field of cybernetics, which emerged in the mid-20th century, also played a role in the study of self-organization. Cybernetics focused on the communication and control in living organisms and machines, and it contributed to the understanding of self-regulating systems.

4. Nonlinear Dynamics and Chaos Theory (late 20th Century): In the latter half of the 20th century, advances in the study of nonlinear dynamics and chaos theory further deepened the understanding of self-organization. Scientists like Edward Lorenz and the development of the Lorenz attractor highlighted the sensitivity to initial conditions and the emergence of complex behavior in dynamic systems.

5. Complex Systems and Network Theory (late 20th Century to present): The study of complex systems, including self-organizing systems, gained momentum towards the end of the 20th century and continues to be a vibrant area of research today. Network theory, which explores the relationships and interactions between elements in a system, is often used to understand self-organization in various contexts.

Self-organization, is a phenomenon in which a system or a collection of individual components autonomously and spontaneously arranges or restructures itself into a more organized or coherent state without external guidance or central control.

Systems lacking self-organization can have order imposed on them in many different ways, not only through instructions from a supervisory leader but also through various directives such as blueprints or recipes, or through pre-existing patterns in the environment (templates). Such systems would not be called self-organized.


Enver Masud

Ashby Ponds Resident Advisory Council Constitution & Bylaws are attached. Note the sections highlighted. Clearly, Ashby Ponds' RAC is not self-organized, therefore, not in compliance with Code of Virginia § 38.2-4910.A. at https://law.lis.virginia.gov/vacode/title38.2/chapter49/section38.2-4910/, that requires the Resident Advisory Council (RAC) be “self-organized”.

Linda Kilcrease

Enver, what is the role of the Executive Director? In our community, this management person is cited as the one who makes the final decisions. Minutes are sanitized and can miss having key points in meeting discussions. Nothing written on this from what i see. But management has ultimate control. This does not seem to be a "Residents" Council. And elections are not democratic. This year there was no election due to no opposing candidates, and 3 seats left vacant.


Linda Kilcrease

Resident of a CCRC

Enver Masud

Linda, the Executive Director works for Erickson Living — hired by Ashby Ponds to manage the community. Erickson Living seems to follow guidelines set by Senior Housing Communities. No one physically at Ashby Ponds can make decisions on anything major. Only Sales & Marketing are employees of Ashby Ponds. Most everyone else is an Erickson employee or contractor. RAC does not keep minutes (they keep meeting notes). Controversial issues submitted by residents are not placed on the Agenda.

Richard Ober, Jr.

National Senior Communities is the largest nonprofit 'owner' of CCRC communities and hires Erickson to manage them. According to an October 2020 press release, "Under the terms of the JV, future CCRCs will be developed and managed by Erickson Living, while NSC will provide oversight to ensure that the organization’s mission is carried out, according to the Friday announcement." Reality would appear that NSC is a nonprofit with about 12 employees that outsources management to Erickson.

Enver Masud

Linda, sorry I didn't reply to the first part of your question re the role of the Executive Director. He is supposed to be the person deciding (as far as I know) but when the answer may go against perceived Ashby Ponds policy or procedure he does not reply to the resident. It's been this way since I moved in to Ashby Ponds about 8 years ago.

Linda Kilcrease

Can anyone add to this for the state of PA? Enver writes about Virginia law for a resident council being self-organized.


PA law 1984 Act 82, has in its heading, "Regulating continuing-care facilities; ...  establishing an advisory council ....  


This is without further definition of a council. However, can Section 15, below, be understood to be a definition for the resident council, that the council must be self-organized? I think so, it is meant to be that.


Section 15. Right to organization. (a) Residents living in a facility holding a valid certificate of authority under this act shall have the right of self-organization.


The concern in VA is, "Systems lacking self-organization can have order imposed on them in many different ways, not only through instructions from a supervisory leader but also through various directives such as blueprints ....


Linda Kilcrease

Resident of a CCRC

Enver Masud

I am in the process of setting up Ashby Ponds Residents Association (APRA) — flyer attached

Linda Kilcrease

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Enver Masud

Ashby Ponds, Executive Director (an employee of Erickson Living) replied to my question regarding the definition of self-organization as follows: as you have challenged the self-organization of our Resident Advisory council. Erickson does not support or deny any specific definition of “self-organized”. Every situation is different and a definition that makes logical sense in one scenario may not make sense in another. This allows  the spirit and intent in a situation to be considered in the evaluation.


I asked the Executive Director to reconsider his response. The text of my email follows:


Multiple definitions of a phrase used in the Code of Virginia would not be acceptable to the State Corporation Commission and Virginia courts — unless the multiple definitions are essentially the same.


The Code of Virginia, § 38.2-4910. Right of organizationhttps://law.lis.virginia.gov/vacode/title38.2/chapter49/section38.2-4910/ states:


A. Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents' organization or for filing any complaint. The provider shall be required to provide to the organization a copy of all submissions to the Commission.

B. The board of directors, its designated representative or other such governing body of a continuing care facility shall hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. These issues may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs, facilities and services. Residents shall be entitled to seven days' notice of each meeting.


As an engineering management consultant — https://www.twf.or/bio/em.html — I may qualify as an expert witness. Based on extensive research I offer the definition of self-organize stated in the included flyer for ASHBY PONDS RESIDENTS ASSOCIATION (APRA):


Self-organization, is a phenomenon in which a system or a collection of individual components autonomously and spontaneously arranges or restructures itself into a more organized or coherent state without external guidance or central control.

Systems lacking self-organization can have order imposed on them in many different ways, not only through instructions from a supervisory leader but also through various directives such as blueprints or recipes, or through pre-existing patterns in the environment (templates). Such systems would not be called self-organized.


Multiple definitions of a word or phrase would not be acceptable in any just court. Effective communication is not possible unless there are clear definitions of words and phrases. That’s why we have Blacks Law Dictionary, and scientists work with clear definitions to study phenomena. If the matter went to court Ashby Ponds would have to offer a definition and to justify it. I ask that you reconsider your position in this matter.


Enver Masud

MP-125

William Starling

At Bethany Village in Mechanicsburg, PA, the Residents' Council has a nominating committee which solicits nominations from the 5 different RL areas. The nominees have to agree that they want to run and can nominate themselves. Then then nominating committee holds elections for the open positions from each area by secret ballot. The only concern is that they do not announce the vote totals, only the names of the winners.

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