The list of allegations filed CACF by Mary Brown were addressed in a peer review by the Northeast Institute for Quality Community Action. “[the] NIQCA Peer Review Team could not find any substantive documentation of illegality or wrongdoing in the allegations submitted to Commissioner Starkowski,” concluded the report, with a point by point dissection.
#1. Failure to conduct agency business under the existing by-laws.
Such a broad and sweeping allegation lacking specific references made it difficult to evaluate. … the Board has drafted a new set of Bylaws for adoption which reduces the size of the Board, clarifies responsibilities and procedures for the recruitment and election of new members and specifies consistent tripartite Board composition. Beyond this matter the Team found nothing to support the allegation.#2. The attempt to change the number of Board members, which would result in a loss of poverty area residents. This plan, coupled with rumored change in the designation of target areas, would get rid of some target area Board members who have continually challenged the administrative staff’s daily operating procedures.
Proportional representation of low income representatives (one-third) would be maintained under the proposal. Revising language to make the NEON, Inc. Board a more manageable and effective vehicle for agency oversight, planning and governance seems to be in both the agency’s and community’s interest. The motivation for this change is clearly more substantive than simply removing one or more existing Directors.#3. The establishment (which has already been accomplished) of a “governance committee†which would supersede the power of the board executive committee and the board itself which was in place.
The responsibilities for the Committee do not undermine or conflict with the responsibilities or the Executive Committee and, like all other agency committee’s, it is fully and completely accountable to the agency’s Board of Directors per existing as well as proposed Bylaw language.#4. Proposed change of title of the Executive Director to CEO and President. This it is widely believed would place too much power in the hands of the Director.
The change does not affect the balance of power or authority of the Executive relative to the Board of Directors but assures the Executive of an active, ex-officio non-voting presence in Board and Committee deliberations.#5. The Director’s insistence that the entity may choose its own board members and those members can be removed without cause.
Section 676B of the Community Services Block Grant Reauthorization Act of 1998 states that…. “members of tripartite boards “shall be selected by the entityâ€â€¦â€ The agency’s Director is correct in his assertions regarding both the election and removal of Board members. Further clarification of this matter can be provided by CAPLAW, Inc.
The rest the allegations centered on personal attacks of the Exectuive Director Joe Mann. A request for more documentation was curtly dealt with by “The NIQCA team reviewed the documentation assembled to address this request and found it more than sufficient to address a reasonable inquiry.” Inquiries into leased space, renovations, fire marshall permits, renovation costs wee all dismissed with findings of appropriate conduct and documentation. One allegation that a NEON staff member was a relative of Mann’s was explained,
Mary Mann who is the Executive’s sister and was employed by NEON, Inc prior to Mr. Mann’s employment with the agency beginning in 1996. Mary Mann left the employment of the agency in 2000 but was, due to her knowledge and effectiveness, was persuaded to return to agency employment in 2001. At the time of her return to agency employment Mr. Mann did not serve as the agency’s Executive and had no supervisory or oversight responsibilities for Ms. Mann. Ms. Mann continues to serve as a NEON, Inc. employee in good standing.
The second employee is Alvia Hilliard (no relation to the Board Chairman) who is the Executive Director’s wife’s sister. Ms. Hilliard was hired by the former Executive Director Mr. Callis in December 2005. Ms. Hilliard was originally hired as a part-time, temporary employee but due to her effectiveness and growing service demands she was transitioned to full-time employment in May of 2006.
It is the Team’s conclusion that no violations of policy or statute have occurred in the hiring or current employment of the two identified staff.
The actions of one of the chief trouble makers John Mosby were harshly criticized: NEON, Inc. does have a designated Affirmative Action Officer. Concerns expressed by some Board members regarding the inactivity of the Affirmative Action Committee led to the appointment this year of a Board member who had expressed concerns as the Chairman of the Committee (Mr. Mosby). Since Mr. Mosby’s appointment in February, 2006 the Committee has only met one time. At that meeting the Chairman attempted to remove the current Affirmative Action Officer and appoint another staff member in her place. This unauthorized and inappropriate action by a Board member and Committee Chair was reversed by the NEON, Inc. Executive Director when the matter was brought to his attention.
The report serves as vindication for Joe Mann and good work he has managed to accomplish in the short time he has lead NEON. For NEON to continue to improve services, the larger issue of the NEON’s board committee structure should be addressed in the Bylaw revision process.
