Legal Topics

What Should I Talk About?

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Now that I am back living in the lower 48, I have begun thinking a little more seriously about possibly presenting at some of the national or regional conferences. I had actually thought about it a bit when I was in Hawaii, but distance limited my opportunity to attend many conferences and hampered collaboration opportunities.

That gave me the idea to ask my readers–what do you think I should do a session on? This is actually a double duty question because I am also essentially asking what topic would you want me to write blog entries on to.

I understand that many people can’t attend conferences so I would ultimately be planning on posting whatever I talked about on the blog. And readers might see bits and pieces of what I was working on emerge on the blog as my research brought me in contact with new information.

Rather than to ask what topics I should blog about, I wanted to frame in the context of what do you want to know about so badly that you would seriously consider undertaking the expense of travel, hotel, food, etc to attend a conference where someone was talking about it?

I also suspect I take for granted people’s familiarity with many topics I come across in my daily reading. The reality might be that people are desperate for information. So even if I didn’t do a conference session on it, your feedback will help determine topics I blog about in the future.

Just as examples of conferences sessions to get you started, Arts Presenters is looking for session proposals on Catalyzing Communities around the arts, Making the Case for the Arts and The Art of Transition. That last one seems like it could encompass everything from leadership transition to changing your organizational approach to programming and marketing.

I just found out that I probably will be attending APAP conference this year. Though I am not sure I would get a proposal together by the deadline next Thursday so I am not necessarily looking for a topic that would fit that conference.

I figure I can either lead or contribute to a conversation about:

-contract negotiations, submitting offers, reading contract riders
-closely partnering with multiple arts presenters to organize a tour as a consortium
-partnering with artists to create performance works reflecting stories/values of indigenous cultures

Of course, I can talk about many other topics like marketing, social media, presenting in higher education environments (and bureaucracies) but I feel like a lot of other conference presenters can and have done so before. Though I am certainly happy to produce blog posts on these topics

I feel what I have listed are areas in which I have more specialized knowledge than many others. It is also likely that I am forgetting some too. If there is a subject area which you have come to value my expertise, let me know.

Thanks.

Info You Can Use: Generating Interview Questions

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I have only been at my new job for six weeks and already they have me on a search committee. Some may groan at the thought, but the position being hired will likely impact my area pretty significantly so I was actually relieved when I was asked to serve.

We had our first committee meeting today which was preceded by a training session on interviewing. In addition to reminding us about the usual forbidden subjects of age, race, religion, martial status, etc, the human resource director talked a little about a new approach the university was using with searches.

It is a little difficult to explain clearly here, but essentially it starts with the committee prioritizing the most important areas of the job (e.g. leadership, communication, experience, strategic vision, collegiality etc).

This would help us determine what questions should be asked at what stage of the process. If leadership and experience are top priorities and were going to make or break a candidate for us, we would ask questions that related to those areas during the phone interview phase rather than exploring collegiality.

At later stages we might have more questions touching on leadership and experience since they are high priorities, add in questions dealing with middling priorities to help us expand our impression of the candidates, but choose to only ask a few questions on low priority items or omit them altogether.

What really impressed me about this approach is that it keeps the early interview rounds focused and theoretically dictates how long latter phases of the interview process actually need to be.

Instead of saying, we should have the candidate meet with Bob because it just seems like a good idea, looking at the prioritization you may realize there isn’t any reason for an official meeting with Bob. If there is, a low prioritization might point to a 20 minute meeting or a meal alongside others rather than an hour long one on one meeting in Bob’s office.

Now, notice I say theoretically. Politics may dictate the candidates meet with Bob even in the absence of a compelling reason. That could be detrimental to the search. The HR director mentioned that searches often fail because highly qualified candidates can identify weak processes like undue focus in irrelevant areas.

There was one slide in the HR director’s presentation that I immediately knew I wanted to feature here on the blog. After the committee had finished its discussions, I ran down to the human resource office to ask her permission to share it with you.

It is a general template for the interview questions.  Clicking on the image will open a new window so you can refer to it and my commentary on it without having to back arrow.

Interview Guide Template. Used with permission. © Shawnee State University
Interview Guide Template.
Used with permission. © Shawnee State University

The bullet points on the left under “Leadership” note general activities the university has identified that person possessing leadership qualities will have/need to engage in.

The italicized text in the center is how these qualities are specifically exhibited in relation to this job. (This being an example document, they are exceedingly general.) Under that are the questions that are derived from this.

The Situation/Obstacle/Action/Results at the bottom allow the committee member to make notes about how the candidate’s answer touched upon these different phases during the situation being described.

What I really like about this format is that it places the elements from which the questions emerged on the same page with the question. There are always going to be answers you never anticipated when you envisioned the qualities of the person fulfilling the job. It is easy to become confused about whether the response illustrates that they are qualified or not.

But if you gaze down and see the answer being given touches upon all the qualities that comprise the foundation of the question, you can feel more confident about their qualifications.

I am looking forward to continuing in this process. I may end up with a different impression later on, though the search chair has used it in a few searches before and speaks highly of it.

Not So Special, Not So Dedicated Arts Tax

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A cautionary tale for the “Beware Politicians Bearing Gifts” file. (A pretty thin file given the relationship between politics and the arts.)

Four years ago, I posted about how the State of New Jersey was trying to ignore a law that guaranteed funding to the arts from hotel tax revenue. This was a particularly unwise move given that cutting funding to the arts meant the tax would go away entirely thanks to a poison pill provision.

In other words, for want of cutting a couple million from arts funding, the state would lose many more millions when the hotel tax disappeared due to making the cut.

The government received a lot of criticism for contemplating the move, including from a former governor.

Now there is a new administration and a new attitude. When the tax was created, it was contemplated that the funding for the arts would increase as tax revenue increased. The problem is where the previous administration had viewed the $28 million minimum funding limit as the floor they wanted to demolish, the current administration sees it as the ceiling they are happy to bolster.

Instead of providing more funding as more revenue comes in to the dedicated tax, the state is raking the excess revenue into the general coffers.

“…the tax generated more than $1.1 billion for state and local governments since it was introduced 10 years ago, but only $184 million has gone to the New Jersey State Council on the Arts, the largest of the four agencies that should have received a far bigger chunk of the money.

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It’s a cautionary tale for supporters of a separate bill that would take a slice of the sales tax to fund the state’s open space and historic preservation programs, which have run out of money. It might look great on paper, but without the political will behind it, the promises are hollow.”

This story makes me wonder about the fate of the funds collected as a result of the tax increase that was passed in Minnesota to provide support to wildlife areas and the arts.

I know the Minnesota legislature has been asking if the Minneapolis Orchestra has betrayed the public trust by accepting funding but not providing concerts. My hope is that it is motivated by an appreciation of the arts and a desire to see them produced rather than a desire to scrap the funding.

Can anyone from Minnesota give me a sense of how things have worked out?

Info You Can Use: Let’s Play Find The Exploitative Clause

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About a month ago, I wrote about webcomic Penny Arcade’s online reality competition Strip Search which is aimed at finding the next great webcomic artist. (By the way, both the comic and the show are often NSFW)

I had mentioned that it seemed like the aim of the show was to use the Penny Arcade fame to help advance the careers of these artists.

I think their most recent episode of Strip Search provides a model for teaching arts students of all stripes about contracts.

Penny Arcade has famously signed away the rights to their intellectual property at least twice and only regained it by dumb luck. This is a topic near and dear to their hearts. I have seen the creators, Mike Krahulik and Jerry Holkins, and their business manager, Robert Khoo, talk about it in interviews and convention panels a number of times.

Khoo is probably the only business manager in the gaming world to achieve hero status for saving Krahulik and Holkins from themselves and helping to grow their company.

In this episode they have the contestants read through an exploitative contract and then go in and talk to Khoo about what they want struck or changed. Khoo basically plays a bumbling idiot in the negotiations because the whole point was to get the artists to evaluate the contract rather than necessarily deal with a combative negotiation environment.

Also, because it was a contest they only had a set amount of time to evaluate the contract and conduct negotiations. In real life situations everybody acknowledges the importance of investing all due care reading contracts and consulting with an attorney.

After the contestants spoke with him, Khoo mentioned that there were two basic approaches to the contract they could have taken. Either decided what their core values were and question whether the contract achieved or impeded those values or go through line by line analyzing each condition (or obviously a hybrid of both).

Because a classroom setting is similar to the contest environment with only a limited time to evaluate a contract (even if a student gets to take it home over the weekend), having a similar opportunity to look at a contract with many elements not in the artist or organization’s best interest and then roleplay a negotiation could certainly be helpful to arts students.

One of the things I never thought I got enough of in grad school was contracts. We got to look at a few contracts to see the sort of things that went into them and I got to read all the Actors Equity handbooks I wanted.

There really wasn’t a discussion about the type of things you would want to change because it wasn’t in your best interest.

Many people may be under the impression that a contract is something that you need to comply with as best you can if you want to do business with them at all. I think there is a basic assumption that the other party is acting in completely good faith and little acknowledgment of the possibility that the other guy may be trying to fleece you to the fullest extent possible.

Most people acting good faith with a reasonable bias toward themselves, but you had still better read the contract every single time it gets set before you.