NSCA

The following amendments to the NSCA Bylaws pertaining to the NSCA Certification Commission have been submitted by the NSCA Board of Directors to the NSCA members for a vote. Resolution Number: 2008-01-03-02.4. These proposed amendments appear as Ballot Item No. 2 on the NSCA Election Ballot. The Election Ballot is included with the March/April edition of the NSCA Bulletin (Issue 30.2). The NSCA Board of Director's statement in support of these Bylaw amendments and the Certification Commission Executive Council's statement in opposition to these Bylaw amendments are printed following the presentation of these proposed amendments.

Note: unchanged language is reflected in: black font
proposed additions are reflected in: blue font
proposed deletions are reflected in: ~~red~~ font

ARTICLE II, Section 4: The Board of Directors shall have the authority to evaluate and act upon any change in the Bylaws and Articles of Incorporation, as it deems necessary in accordance with the Colorado Revised Nonprofit Corporation Act and in accordance with ~~Article X and~~ Article XIV.

ARTICLE II, Section 6: The Board will approve an annual budget in March of each year, which budget will include the budget pertaining to the NSCA Certification Commission. A certified audit of the financial affairs of the NSCA, ~~Association~~ including the NSCA Certification Commission, will be presented for acceptance to the Board of Directors at the Annual Conference.

ARTICLE III, Section 3:

b) The President shall request nominations from the membership, committees, and the Board of Directors for committee positions. The President shall recommend for approval by a majority vote of the Board, committee chairs, with the exception of the Nomination Committee and the NSCA Certification Commission Executive Council;
e) The President shall be an ex officio member of all committees except the Nomination Committee and the NSCA Certification Commission Executive Council.

ARTICLE X - NSCA CERTIFICATION COMMISSION

Section 1: The NSCA Certification Commission (the "Commission") is a division of the NSCA and serves as the certifying and recertifying agency ~~for~~ of the ~~National Strength and Conditioning Association(~~NSCA). As such, the Commission operates under the auspices of the NSCA and is operationally and financially responsible and accountable to the NSCA and is subject to the Articles of Incorporation of the NSCA, these Bylaws, and the policies and procedures of NSCA. However, the essential certification and recertification decisions of the Commission may not be subject to approval by or undue influence by the NSCA Board of Directors.

In an effort to protect the public, the Commission develops and administers valid and reliable examinations and provides for continued competency of strength and conditioning and fitness professionals.

~~Goals:~~
1.To provide standards that ensures safe and effective practices among strength and conditioning and fitness professionals.
2.To promote appropriate standards of practice and ethical conduct in the fields of strength and conditioning and fitness.
3.To establish eligibility criteria for becoming a Certified Strength and Conditioning Specialist or NSCA-Certified Personal Trainer.
4.To establish examination criteria that accurately reflects the roles and responsibilities of strength and conditioning and fitness professionals.
5,To develop and provide review materials specifically related to the Certified Strength and Conditioning Specialist and NSCA-Certified Personal Trainer examinations.
6.To encourage continuing education criteria that maintains continued competency of Certified Strength and Conditioning Specialists and NSCA-Certified Personal Trainers.
7.To recognize those who become certified and those who meet continuing education requirements.
8.To inform the public of the benefits of employing Certified Strength and Conditioning Specialists and NSCA-Certified Personal Trainers.
9.To respect the privacy rights of examination candidates.
To meet the accreditation requirements of the National Commission of Certifying Agencies (NCCA).

Section 2: The Commission shall be governed by a committee ~~to be~~ designated as by the Commission Executive Council., which shall manage the business, affairs and property of the Commission. The NSCA Board of Directors shall appoint a member of the Board of Directors to serve as a liaison to the Commission and the Board of Directors liaison will attend all meetings of the Commission. The Commission will appoint a liaison to the NSCA Board of Directors and the Commission liaison will attend all NSCA Board of Directors meetings. The Executive Director of the NSCA may attend the Commission meetings and the Executive Director of the Commission may attend NSCA Board of Directors meetings. The Executive Council shall have all powers specified by the Code of Rules and Regulations for the Commission (attached) and not precluded by the Articles of Incorporation and Bylaws of the Association, the rules and regulations of the Internal Revenue Service governing the exempt status of Associations qualified under I.R.C. 501(c)(3) , or rules, regulations and other requirements of the National Commission for Certifying Agencies.

Section 3: The Commission shall have a director who is an employee of the NSCA and who, subject to the direction and supervision of the Commission Executive Council, shall be responsible for the administration of all policies and procedures of the Commission. The Commission director shall have general and active control of the affairs and business of the Commission and general supervision of the employees who are assigned to the Commission.

a)Section 3:
The Commission shall, to the extent provided by the Bylaws of the NSCA, adopt a separate budget and segregate its funds from those otherwise maintained for other operations of the NSCA. The Commission shall receive all examination-related program fees and income directly and pay all expenses associated with the Commission operations from its budget. The Commission shall further reimburse NSCA for any claims, taxes or assessments of any kind made against NSCA as a result of the operation of the Commission.Section 4:

~~a) The NSCA shall not be required to supplement the Commission budget, but may do so upon approval of the NSCA Board of Directors.~~

Section 5: The NSCA Bylaws relating to the Commission may only be amended by the affirmative vote of at least two-thirds (2/3) of the members of the Commission’s Executive Council and the affirmative vote of at least two-thirds (2/3) of the members of the NSCA Board of Directors.

Section 6: The Code of Rules and Regulations for the Commission may only be amended by the affirmative vote of at least two-thirds (2/3) of the members of the Commission Executive Council and the affirmative vote of at least two-thirds (2/3) of the members of the NSCA Board of Directors provided that no amendments to the Code of Rules and Regulations for the Commission shall be permitted which are inconsistent with the Bylaws .

NSCA Board of Directors Statement in Support of Proposed amendments to NSCA Bylaws related to the NSCA Certification Commission:

NSCA UNITY

Your NSCA Board of Directors (NSCA-BOD) urges you to Vote YES On These Proposed Bylaw Amendments. UNITY of NSCA is our #1 goal - by voting YES you are voting for UNITY.

The Certification Commission (CC) is NSCA's certification arm. The CC:

Is not a separate legal entity, only a sub-group within NSCA.
Does not have its own taxpayer ID number or tax-exempt status and does not exist for government/tax purposes – only the NSCA does.
Employees are employees of NSCA.
Operates from a building in Lincoln, Nebraska owned by NSCA.
Exists only under NSCA Bylaw Article X.

Bylaw Article X states that it cannot be amended by NSCA without approval of 4/5's of the CC. Therefore, 2 individuals who may not be NSCA members could block amendments desired by the NSCABOD or members. These provisions are contrary to Colorado law and must be eliminated. Approving the amendments WILL NOT violate NSCA Bylaws or the law.

The CC showed fiscal irresponsibility when it filed a lawsuit against NSCA that cost you, the members, approximately $500,000. This lawsuit was later withdrawn when the CC agreed that members should vote on these amendments.

The CC refuses to be accountable to the NSCA-BOD on many business, operational, financial, employment, contractual, legal and tax matters. Outside legal and financial experts say this jeopardizes NSCA’s tax-exempt status, with adverse tax, employment and insurance consequences. The CC:

Refuses to allow NSCA's auditor to examine its financial records.
Insists it can adopt a budget without review and approval by the NSCA-BOD.
Established a secret pension plan without NSCA BOD knowledge or approval, refusing to provide copies of documents.
Adopted an employee benefit program not coordinated with NSCA.
Refuses to advise NSCA-BOD about outside contracts involving non-certification NSCA business.
Spent thousands of dollars to resolve an employment matter involving its former Executive Director (CC-ED) without NSCA-BOD knowledge.
Refuses to allow NSCA-BOD and selection committee approval of the CC-ED, who is an NSCA employee.
Refuses to cooperate with the NSCA-BOD decision to consolidate the CC offices within NSCA headquarters in Colorado Springs achieving annual cost savings estimated at $500,000 and realization of sale proceeds of the Lincoln building estimated at $2 million.

The NSCA-BOD must protect NSCA members' interests and NSCA's financial integrity. The amendments to Article X will allow your member-elected BOD to exercise responsible legal authority over affairs of NSCA, including the CC.

If Article X is amended, the CC Code of Rules and Regulations will become operating policies pertaining only to essential certification activities.

The amendments to Article X will provide unity for NSCA, ensuring that autonomy of the CC’s essential certification activities is preserved and NSCA certifications are the gold standard in our industry. Based on written correspondence from NCCA and NOCA (accrediting agencies) these Bylaw changes WILL NOT interfere with our certification accreditation and there will be NO adverse impact on NSCA certifications.

VOTE YES On These Proposed Bylaw Amendments.

NSCA Certification Commission Executive Council Statement in Opposition to Proposed amendments to NSCA Bylaws related to the NSCA Certification Commission:

“Protect the value of your certification!”
The CSCS and NSCA-CPT certifications bring with them occupational prestige, employment opportunities and financial benefits. The Bylaw changes proposed by the NSCA Board will jeopardize these advantages for more than 35,000 currently certified professionals and everyone who wants to become certified in the future.

NCCA (National Commission for Certifying Agencies) informed the NSCA Certification Commission’s Executive Council that it “will need to report any Bylaw changes during its next scheduled annual reporting cycle and the changes will be reviewed by the NCCA at that time.” The Executive Council believes that if the Bylaw amendments are approved, NCCA may revoke its accreditation of the CSCS and NSCA-CPT credentials. If that happens, NCCA-accredited certifications from ACE, NASM and five other organizations will have more value than the CSCS and NSCA-CPT.

“Why change what works?”
The NSCA Board may suggest the proposed Bylaw changes affecting the Commission are necessary to be “legal.” In reality, Colorado law supports the existing Bylaws; there is no legal reason why the Commission’s relationship with the NSCA needs to change. The Commission continues to follow the Bylaws established by the NSCA Board 15 years ago. Later, in 2002, another separate NSCA Board reaffirmed the Commission’s scope, operations and relationship with the NSCA Board. This long-standing structure has allowed the Commission to develop the expertise, people and reputation necessary so that CSCS and NSCA-CPT certifications are highly desirable career-advancing credentials.

“At what cost to you?”
You may also hear the proposed Bylaw amendments will result in financial savings by eliminating people and closing the Commission office—but at what cost to you? You will lose the benefit of the expertise the Commission has gained over the past 15 years by working solely within the certification industry. The NSCA Board and staff do not have this expertise and without this expertise, the value of your certification cannot be maintained.

The mudslinging you may have been exposed to is unfortunate and the Executive Council will not participate in such behavior. The Commission’s long history of developing, promoting and protecting the certification you hold speaks for itself. Don’t allow statements made by the NSCA divert your attention from the reality that taking away the Commission's decision-making capabilities will ultimately have a profound negative effect on the “premier” status of your credentials. Whoever controls the decisions of the Commission will dictate the future direction of the CSCS and NSCA-CPT credentials and their perceived value in the United States and throughout the world.

The elected Executive Council members are all certified NSCA members and are devoted to the mission of the NSCA and the value of your credentials. If you want to discuss any of the issues of this vote, please contact the Executive Council at ExecutiveCouncil@nsca-cc.org or call the Commission at 888-746-2378.

Don’t let the actions of the current NSCA Board undermine the value of your certification. If you have benefited from being CSCS or NSCA-CPT certified, vote AGAINST the proposed Bylaw amendments pertaining to the Commission.

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