Oklahoma Tobacco Settlement Endowment Trust Fund
Board of Directors
March 3, 2006
Board of Directors Members Present: D. Robert McCaffree, M.D., Don Cooper, M.D., Susan Walters Biz¿, George E. Foster, O.D., Casey Killblane, Kenneth D. Rowe
Board of Directors¿ Members Absent: W.R. Lissau
Staff Present: Tracey Strader, Jon¿s Mata, Dorothy Antwine
Guests Present: Kelley Chambers, Lee Johnson, Sherian Kerlin, Pat Marshall, Doug Matheny, Michael McNutt, Frank Merrick
Open Meeting Act and Call to Order
Dr. Robert McCaffree called the board meeting to order and announced that the requirements of the Open Meeting Act, including the filing of the meeting and posting of the agenda, had been met.
Approval of Minutes of the November 18, 2005 Board Meeting
Dr. Donald Cooper made a motion to approve the minutes of the November 18, 2005 board meeting of the Board of Directors. Susan Biz¿ seconded the motion and the motion passed unanimously. Dr. Robert McCaffree and Dr. George Foster abstained as they were not present for the November meeting. Bill Lissau was not present for the vote.
March 1, 2006 smoke-free restaurants
Dr. McCaffree announced that all restaurants in Oklahoma were smoke-free as of March 1, 2006 as a result of the Oklahoma Smoking in Public Places and Indoor Workplaces Act. It is estimated that no more than three percent of the nearly 7,000 restaurants in the state had built smoking rooms.
Dr. McCaffree reported that the legislation requested by TSET, SB 1091, was authored by Senator Mike Morgan and co-authored by Senator Glenn Coffee. Representative Susan Winchester is the principal author in the House. One question raised in the Senate Appropriations Committee was about the amount of the administrative cap at 15% of certified earnings. The response was that the 15% was not a target but a cap, and 10% would be an acceptable alternative if needed. The 15% figure simply restored the original language of the bill.
Upcoming board meetings
Dr. McCaffree announced that the April 14, 2006 board meeting would be to review the Specific Populations grants and to conduct an evaluation of the executive director. He also indicated that a meeting in late May or early June was needed to establish FY 2007 budgets and approve contracts for renewal.
Dr. Donald Cooper made a motion to approve a special board meeting of May 26, 2006 to approve preliminary FY07 budget. Casey Killblane seconded the motion and the motion passed unanimously. Bill Lissau was absent for the vote.
FY 2005 Annual Report
Tracey Strader reported that the FY 2005 annual report had been distributed to all the required parties, legislators, and partners. It is also available on the TSET website.
Presentations and Conferences
Tracey Strader said that Susan Biz¿ had invited her to participate in an American Democracy project, sponsored by the New York Times, at the University of Central Oklahoma. Tracey prepared a table display to highlight the agency and its programs.
Ms. Strader reminded the board of two conferences this summer: 1) the National Institutes of Health (NIH) State of the Science in Tobacco Control on June 12-14, 2006, and 2) the World Conference on Tobacco or Health on July 12-14, 2006. Both are in Washington DC.
Board of Investors Activities
Program Committee Report
Communities of Excellence update
Susan Biz¿ reported that the Communities of Excellence first year of implementation was well underway and the grantees were implementing their strategic plans. Jon¿s Mata reported that the Social Marketing training was well received and the grantees should now have the tools to strategically plan their program and marketing initiatives.
Oklahoma Tobacco Helpline update
Susan Biz¿ said the Helpline continues to provide exceptional services and that promotional efforts ¿ radio, television, and print ads ¿ were underway to facilitate the goal of serving 20,000 callers in Fiscal Year 2006.
Specific Populations update
Susan Biz¿ reported that the proposals were under review and the board would prepare recommendations at the April meeting.
Youth Counter-marketing campaign update
Susan Biz¿ said that at the UCO American Democracy Project exhibition, almost all of the students they spoke with had seen the Truth ads and were enthusiastic about them. Ms. Biz¿ said that since the truth ads are geared toward ¿sensation seeking youth¿ other ads would be placed on channels and programs that would include family viewing. This will allow a greater reach for the prevention messages.
Public Education campaign update
The board previewed several television and radio ads that would be airing soon.
Evaluation Committee Report
FY 2005 Program Evaluation Results
Dr. Cooper reported that it was still early to provide information on the evaluation of the grantees because they were in the early stages of implementation. Counter-marketing efforts are underway and are not being evaluated formally because we can rely on the national evaluation results for the truth ads. In addition, the duration of the other counter-marketing efforts is not long enough to warrant evaluation.
Helpline Promotion Evaluation
Dr. Cooper reviewed the Helpline evaluation and reported that over 75% of participants were very satisfied, the nicotine replacement therapy was showing strong results, and 91% would recommend the Helpline to others. He also mentioned that there has been some good national promotion of the Helpline and Oklahoma has benefited from use of the national portal number (1-800-QUIT-NOW).
Agency Operations Committee Report
Second Quarter FY 2006 Budget to Actual
Tracey Strader reviewed the second quarter FY 2006 budget to actual for both administration and programs with the board. She said she would send a new Budget-to-Actual sheet for the Programs budget to correct the information on the Communities of Excellence line, which incorrectly reported some of the funding that was encumbered for FY 2007.
Jon¿s Mata reported that overall the grantees were making good progress. The implementation phase was going more smoothly than the planning phase as the grantees were more familiar with the model and tobacco control interventions, and the SPO and TSET have refined their procedures based on feedback from the grantees. Mr. Mata also reported that he and the State Program Office staff have spent time working with the grantees on budget clarifications during the renewal process which has helped the grantees understand what was needed in order to complete a budget revision.
Evaluation of the Executive Director
Casey Killblane said that Dorothy would send out Tracey Strader¿s evaluation form by March 7th and asked the board to return those to Ms. Killblane directly by April 7th. The evaluation would occur in Executive Session at the April 14th board meeting. Casey asked that the board members call her for any questions or comments, and that the evaluation would remain anonymous.
Certification of Non-acceptance of Tobacco Funds
Tracey Strader said the purpose of the ¿Certification of Non-acceptance of Tobacco Funds¿ form was 1) to avoid a conflict of interest, and 2) to avoid supporting the ¿good corporate¿ image the tobacco companies would like to portray. As an example, the tobacco companies have had a long history of donating a small amount of money to nonprofit organizations, and then spending millions of dollars to advertise their charitable giving. The current Certification is too broad and is not clearly stated. It is also difficult to enforce because there are so many parent and subsidiary companies.
A proposed draft copy of the form was presented for discussion. The new Certification would have only two categories: one for universities and colleges, and another for all other organizations. In this version the tribal nations would not have a separate provision. Both provisions would eliminate any reference to the parent or subsidiary companies or distributors and focus solely on companies engaged in the manufacture of tobacco or tobacco products. In addition, the provisions more clearly articulate the types of relationships that are prohibited. The universities and colleges provision also does away with the five year look back clause. Dr. Foster suggested having Charlie Babb, attorney for the Board of Higher Regents provide input to assure that the colleges and universities would not have a problem with the principal investigator signing such a document.
The board agreed that the Certification should apply only to grantees and similar program contractors.
Dr. McCaffree recommended the Agency Operations committee come up with recommended language for an upcoming meeting.
Waiver of Immunity
Tracey Strader reported that the ¿Waiver of Immunity¿ is essentially clause in TSET¿s contract or grant terms and conditions. The point of the waiver is to allow the State of Oklahoma courts to have jurisdiction in the event of a dispute related to a contract or grant. She indicated that tribal representatives who have attended informational meetings or applicant workshops have stated that the current legal language is a barrier for the tribal nations to apply for TSET funding. Representatives indicated that the tribes see the waiver as a sovereignty issue and that some only provide a waiver for large grants or contracts (e.g. $1 million or more).
The board discussed that the risk that funds would be misused or that the TSET would have to request reimbursement or engage in a dispute with a tribal grantee, would be very small. Lee Johnson, with the Department of Central Services, said due to the quality of oversight being provided currently, the TSET is more likely than other state agencies to catch a problem early enough to provide notice of corrective action and or cancel the grant before a repayment would be required.
Ms. Strader indicated that Joann Stevenson¿s advice from the Attorney General¿s Office was that without the waiver, the contract or grant terms would be unenforceable and would therefore be a ¿gift.¿ Under the Oklahoma Constitution, state money cannot be given as a gift.
Ken Rowe stated that it was the Agency Operations Committee¿s recommendation that the Waiver of Immunity be maintained. After further discussion, the consensus of the board was that they agree with the concept of a Waiver of Immunity, but that they would like the staff to work with the Attorney General¿s Office to explore any possible options for language that would be sensitive to the issue of sovereignty, but would allow the tribes to use TSET¿s standard language or negotiate other mutually acceptable language.
Ken Rowe, on behalf of the Agency Operations Committee, withdrew the motion and requested that staff bring the issue, and any revised language, back to a subsequent board meeting.
Dr. McCaffree called for new business and there was no new business.
Pat Marshall with the American Cancer Society spoke to the board on behalf of Wes Glinsmann, Chair of the Oklahoma Alliance on Health or Tobacco. Ms. Marshall said the alliance felt the tobacco-free restaurants as of March 1st was a great start but there was still a lot of work ahead. The tobacco tax has experienced some great public benefits as in the number of smokers quitting and the health programs that are being funded. The Alliance is currently waiting on the outcome of the tobacco tax enforcement issues that are in arbitration or in court.
Discussion of goals and agenda for the retreat ¿ Frank Merrick
Frank Merrick opened the meeting with discussions of goals and agenda for the retreat. He commended the board for funding evaluation efforts early on. Goals discussed were 1) to plan for the future and do it well, 2) lay a solid foundation on which the TSET could build as it becomes a major funder in 20 or 30 years, and 3) how to use the media and other program interventions to change behavior.
Board Retreat Frank Merrick led the board in a discussion of a vision statement or ¿tagline.¿ The board¿s selected ¿Improving the Health of Every Oklahoman¿ as its vision statement.
Board Retreat ¿ Frank Merrick and Tracey Strader Tracey Strader lead the board in a discussion of past successes and lessons learned. The board reviewed both the original and current strategic plans, and a funding chart covering the period FY 2006 through FY 2020. Based on current funding commitments, the board agreed to a three year lead time before beginning any new funding initiative.
The board discussed the development of a funding strategy that would set out percentages of funding for tobacco control, other prevention programs, and research. The board also agreed that a three year lead time would be needed to adequately plan and prepare for any new funding initiative.
The board retreat recessed for the evening.
Oklahoma Tobacco Settlement Endowment Trust Fund
Board of Directors
March 4, 2006
Board of Directors Members Present: D. Robert McCaffree, M.D., Don Cooper, M.D., Susan Walters Biz¿, George E. Foster, O.D., Casey Killblane, W. R. Lissau, Kenneth D. Rowe
Staff Present: Tracey Strader, Jon¿s Mata, Dorothy Antwine
Guests Present: Frank Merrick, Joann Stevenson
Future Funding Options
Casey Killblane made a motion to approve the ¿Future Funding Chart¿ that continues to use 100% of the earnings through FY 2009 in tobacco control; then beginning FY 2010 the funding would be split between two categories ¿Tobacco Control and Other Prevention¿ and ¿Research and Other Programs¿ (compatible with the language in the Constitution); in FY 2010 the funding would be split 90% (Tobacco and Other Prevention) to 10% (Research and Other Programs), then in subsequent years from FY 2011 through FY 2017 the funding would be split as follows: 88%/12%, 86%/14%, 84%/16%, 82%/18%, 80%/20%, 78%/22%, 76%/24%. In FY 2018 and every year thereafter the funding is split 75% for Tobacco Control and Other Prevention and 25% for Research and Other Programs. The motion also affirmed that all research dollars would only be spent in Oklahoma. Ken Rowe seconded the motion and the motion passed unanimously.
¿ With regard to the future funding chart approved by the board:
¿ In the ¿Tobacco Control and Other Prevention¿ column beginning FY 2010, the board still needs to decide at what point in time or what dollar amount ¿Other Prevention¿ issues could be funded.
¿ With regard to the ¿Research and Other Programs¿ column:
¿ By the May 2006 board meeting, Tracey will identify other funders of research in cancer and other tobacco-related diseases through the Grantmakers In Health and National Cancer Institute. She will also check on other foundations or organizations established with MSA dollars that are funding medical research and find out how they¿re going about funding research.
¿ Frank Merrick will follow-up with Mike Cawley to ask him to facilitate the discussion.
¿ The board further discussed that the study group meeting should be facilitated with strict guidelines, and to avoid vested interests only funders of research would be invited. Future meetings might include those who are funded to conduct research.
¿ Tracey Strader will work on forming the study group with Dr. McCaffree and email the board some draft options.
¿ Bill Lissau recommended that we ask NCI, CDC, and others about potential collaborative funding opportunities with national funders who might be interested in funding Oklahoma based research if our matching funds would be available.
The board agreed to change the May 26th meeting date to May 15th or 16th, pending confirmation from Dr. McCaffree and Bill Lissau.
¿ The board wrapped up with a discussion of governance, including board skill set and board evaluation.
¿ The board agreed that they should always have a physician, someone with a depth of experience in public health, an administrator (or health administrator), a funder, an attorney, and CPA. A priority should be placed on having physicians and other public health representatives on the board. They should also assure that they have someone from the private sector and as much diversity as possible.
¿ The board also recommended that TSET be proactive in telling the appointing authorities that the board needs these types of people. Frank Merrick recommended that it should be the Chair who does this and that the effort should start early.
¿ Potential board members should be aware that this is a working board and if possible some orientation should be conducted with potential board members before they accept the position.
¿ Frank Merrick suggested that the board could establish advisory committees. The board discussed the possibility of inviting other key stakeholders to certain committee meetings. Tracey Strader reminded the board that in funding tobacco control initiatives, the board has historically looked to the Oklahoma Tobacco Use Prevention and Cessation Advisory Committee for funding recommendations.
¿ The board agreed that they would like to engage in a self-assessment. Frank Merrick indicated that he has some tools that could be used for this.
Next Steps/Action Items
¿ Ken Rowe recommended that Tracey provide a staffing needs assessment for FY 2007 and into the near future.
¿ Tracey Strader will develop a planning timeline with benchmarks for the next three years.
(View the minutes in Adobe Acrobat (.PDF) format)