Both Sides Get Voice in BOC Matter

The O&P EDGE has received several statements this week in response to questions surrounding the recent departure of several members of the Board of Directors of the Board for Certification for Orthotist-Prosthetist Certification (BOC).

On Friday, December 30, 2005, The O&P EDGE was first notified of the resignations. See http://www.oandp.com/edge/issues/articles/NEWS_2005-12-30_01.asp

On Tuesday, January 3, 2006, BOC responded to the initial report. http://www.oandp.com/edge/issues/articles/NEWS_2006-01-03_14.asp

The recently-departed BOC Board members now have provided The O&P EDGE with the following statement:

"Following a special Board of Directors meeting of The BOC on December 17 and 18, 2005, five members of the Board for Orthotist-Prosthetist Certification Board of Director's officially submitted their resignations to the Board for Orthotist Prosthetist Certification prior to their terms ending. Two of those Directors submitted their resignations prior to the expiration of their term of service of December 31, 2005. All of those BOD members submitted their resignation as a public statement of their opposition to decisions made by the remaining members of the BOC BOD's during that meeting.

"After a cursory review of corporate financial practices, policies, and procedures, by members of a committee appointed by the Board of Directors of BOC, questions remain outstanding for which explanations and/or documentation to answer those questions have yet to be made available. A member of the committee presented documentation of the preliminary findings to the BOD's. A motion was introduced to 'retire' the preliminary report, and to have the preliminary report and supporting documentation immediately collected and shredded. In addition, members of the Board chose to rescind both a previously passed resolution, and a motion upholding that resolution, reversing the direction the Board had chosen to take prior to the December special meeting.

"On December 12, 2005, a follow-up correspondence addressing the preliminary report submitted by members of the finance committee was sent by BOC's legal counsel to the BOC BOD's. This correspondence, has yet to be addressed by the remaining BOD's. BOC's relationship with BOC's legal counsel, has subsequently been discontinued by BOC's CEO.

"The BOC Directors that resigned are; Public Director, Garry Moore; Chairperson, Michael Madden; Vice-Chair, Keith Crownover; previous Chairperson, Beth Durham; and previous Vice Chair, Michael Wheatley."

The BOC Board of Directors has today released another statement regarding its position on the matter.

"BOC regrets the necessity of having to deal with some incomplete, misinformation presented to the O & P journalism arena, however, we are taking serious any and all conflicts with breach of confidentiality and fiduciary responsibility by those so involved. BOC is administered and governed by leaders with integrity, honesty, and professionalism. We have taken leadership in making sure all aspects of the corporation are run properly with monitoring both legal and financial audits.

"For example: Back in 2003 there was an employee theft that involved credit card use. When it was discovered the CEO fired the employee immediately and was only able to gain partial restitution. That employee made a claim challenging the CEO's use of the credit card, resulting in a thorough audit that was reported back to the Board by means of a formal report through legal counsel Richard Goldberg. It was determined that there was no basis of the charge of the fired employee and cleared Dr. Fedder of any charge.

"In the summer of 2005, following the break down of BOC-ABC merger negotiations there developed some dissension on the BOD and Mr. Goldberg, serving as a facilitator seemed to settle. At the September BOD meeting the BOD, on Mr. Goldberg's advice, met in executive session excluding Dr. Fedder and staff, at which time charges of financial improprieties were raised, including those vetted in the 2003 audit. These were aimed at the CEO. Fedder was asked to respond to a series of financial questions submitted without specific dates or details. The point is that these charges were aired before the entire BOD on a number of occasions with counsel present but without the presence of the target, Dr. Fedder.

"The 'investigation' of supposed charges continued, and at Dr. Fedder's repeated request, the Board asked Mr. Michael Madden and Ms. Kay Zehms to conduct a site visit of the office to investigate the allegations of financial improprieties. The two met for several hours with the BOC accountant on Sunday evening, with Dr. Fedder for 3 to 4 hours on Monday morning and with the entire staff for 3 to 4 hours on Monday afternoon. They found no evidence of gross misappropriations, embezzlement, or anything meeting the test of improprieties. There were one or two gray areas and to resolve the issue Dr. Fedder said he would reimburse them for the two gray areas, less than $5,000.

"Following the BOD's meeting of the BOC in mid-December, Dr. Fedder announced his retirement plans. In anticipation of this retirement, the BOD approved with an overwhelming majority to accept Dr. Fedder agreeing to actively participate in the transition of BOC's management to another administration or an interim management company. We at BOC admire and commend Dr. Fedder for his years of dedication and leadership of this organization."

The BOC also said that certificants have elected new Board members which will be announced in a forthcoming news release.

The O&P EDGE continues to look into the entire matter.

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