From: Nancy Toner Weinberger
<weinberger@mindspring.com>
Sent: Thursday, August 14, 2014 5:10
PM
To: cwilkins@bws-law.com; Ben
Thompson; admin@bmbt.org; etpreston@gmail.com
Cc: holly.foster@wilkescc.edu;
Darinda Davis; larrygreen1008@gmail.com
Subject: The Dale Atkinson Memo
Dear Board Members,
The founding of the FSMTB and its subsequent philosophy regarding
delegation of authority was based on the Dale Atkinson Memo (2005). Atkinson
& Atkinson, attorneys for the FSMTB, produced the memo for the Director of
the FSMTB, at that time- Rick Rosen. You can read the memo here: http://www.coalitionofmbceinstructors.com/AtkinsonMemo_121905_Delegation_of_Authority.pdf
The memo is also on the FSMTB website. The FSMTB and its member Boards have
embraced what is at best a shaky proposition written by a law firm- not a law,
regulation, or federal policy. Who is to say that they are right in their
interpretations regarding delegation of authority. Please review Larry Green’s
letter to the NC Board in which he requests that the Board have the state
Attorney General vet and publically comment on the Atkinson Memo here: http://www.coalitionofmbceinstructors.com/Green-6-27-2014-Letter%20sent%20to%20NC%20Massage%20Board.html
Larry also made his request during the public comment period today at the NC
Board meeting, and Charles Wilkins and Ben Thompson, attorneys for the Board,
agreed to this request. They also stated they had not seen the memo, thus this
communication.
I do not have details, but the history is basically that Rick
Rosen was at odds with the AMTA, and he and many others were dissatisfied with
the NCBTMB. Rick went to ABMP, the competing membership organization of the
AMTA, for funding to set up the FSMTB (in direct competition with the NCBTMB).
The Dale Atkinson memo was the lynchpin for the phenomenal success the FSMTB
has experienced, effectively making the FSMTB the only organization that had
the coveted understanding and proper positioning regarding delegation of
authority.
Who’s to say that this memo is correct and meaningful? We are
making a lot of important decisions about how our Board functions. If the
Atkinson position holds true, widespread changes will need to be made in
government. It would behoove us to have more than one opinion on the legality
of the situation.
Thank you for your consideration,
Nancy Toner Weinberger
On behalf of the Coalition of Massage & Bodywork CE
Educators
919-562-1548
http://www.coalitionofmbceinstructors.org/