By CONNIE KORBEL Staff Writer -
Updated: 05/21/2009 11:43:57 AM PDT
Last week, the Mendocino County Grand Jury released its report, "Nobody Was Listening," following a September through March investigation of the Redwood Coast Senior Center in Fort Bragg.
The opening paragraph reads, "Over a six-month period, jurors documented a striking absence of the active, viable leadership and board oversight that are critical to the success of direct service non-profit organizations. As the investigation was reaching its conclusion, the executive director unexpectedly submitted his resignation."
The grand jury made 16 recommendations that address personnel and financial policies, the board of directors, the website and facilities, based on the 13-page investigation report.
They wrote, "The center's capacity has been undermined by an ill-advised board executive committee decision to permit the executive director to attend an inland law school three days a week, while being compensated as a full-time employee with an extensive benefits package, including tuition subsidy.
"The executive director's compensation has been financially costly to the center. His absence created a serious void in leadership. The board executive committee, with the executive director, failed to involve the full board in key decisions thereby weakening the board members' ability to provide needed oversight."
According to Interim Executive Director Charles Bush, the current executive committee is comprised of President Don Sheffel, M.D., Vice President Barbara Durigan and Treasurer Brandt Stickel. The officers during the period of time preceding the investigation included Sheffel and Durigan.
Grand jury members attended the December 2008 meeting when the senior center board voted to conduct an evaluation of former executive director Joe Curren and to order an audit of the center's finances.
Curren resigned on March 13, four days after jurors were informed the center was in the process of soliciting bids for audit services. The last formal audit of the center was in 2002.
The investigation, initiated in response to numerous citizen complaints, raised "serious" concerns, including those voiced publicly at two Area Agency on Aging meetings held in Fort Bragg last fall. Written complaints used phrases such as unfair treatment, fearful, nervous, intimidated, retaliation, unethical practices, harassment and unprofessional conduct.
"If anyone voiced their opinion or questioned his authority, they were fired without notice," said one complaint. Another said, "Disagreeing with [the executive director] was cause for dismissal."
In response, Curren told jurors, "... a concerted effort has been made by a small group of people to damage [my] reputation."
Written complaints also expressed concerns about the governance of the center, the termination of long-term employees and dissatisfaction with Curren's paid absences to attend law school.
Jurors conducted 15 interviews and examined available documentation (several board minutes were missing) and the website (the most current information was dated 2002). They toured the site — including visits to comparable centers in Mendocino and Sonoma counties — ate lunch with seniors, attended board meetings and talked to the individuals responsible for providing program funding.
Jurors learned that Curren, who was employed for 12 years, was paid $71,000 annually (comparable position at Ukiah Senior Center pays $50,000), was paid thousands in bonuses, accrued 12 weeks vacation every year and for the past two years was compensated an additional $3,000 each semester for law school tuition (on which he did not pay taxes), was allowed to work about half-time and still receive his full salary. At one point, Curren "cashed in" $5,000 in vacation hours to purchase a car, the report says.
The grand jury found no before-the-fact documentation that supported Curren's statement the board had approved tuition payments.
In a March 2009 retroactive letter, the jury was told the executive committee (Durigan and Sheffel) had approved tuition support, and permission to telecommute to work two days a week beginning in 2006. Also in March, Curren provided belated August 2008 board minutes that he had executive committee approval since 2007.
However, President Sheffel and Treasurer Stickel told jurors, "they had no knowledge that tuition was being paid."
The tuition checks only required Curren's signature.
Questionable board
governance
The self-selecting six-member board (they nominate and approve members) self-described their responsibilities for policy, financial oversight and supervision of the executive director. Some members have served more than a decade.
According to the bylaws provided jurors in October, there is no cap on the number of three-year terms members may serve and no record of when the bylaws were adopted. Previous bylaws stated a seven-year term limit.
There are meeting minutes that state the bylaws were amended in September 2008 to permit two members of the executive committee (president, vice president and treasurer) to transact business with full authority. No documentation of their actions was available and the committee did not discuss all of its decisions with the rest of the board.
"In several cases, minutes for one month were identical to those prepared for the previous meeting," states the report.
Only Curren was allowed "official" contact with board members.
Even though the employee handbook, dated 2003, placed a 200-hour cap on vacation accrual unless approved by Curren, he told jurors he knew nothing about a cap and had cashed in vacation time for money.
In regards to Curren's attendance at Empire College in Santa Rosa, board minutes note a discussion that approved his telecommuting to classes but not a specific work schedule.
Curren's benefits and other "important" financial and personnel decisions had been approved by the executive committee "without timely review" or approval of the full board.
Curren stated to jurors that he did not do staff evaluations because he could terminate employees at will and "doing evaluations can lead to lawsuits."
Programs, finances
During Curren's tenure, the meal programs steadily increased, but there was a "marked decline" in the adult day care program — the only one of its kind serving the coast population — to the point where the required minimum daily census for funding was at risk, the report states. Social, health and education programs were limited, the newsletter was defunct and the website not functional.
Day Care Center participation dropped from 2,257 census days in 2005/06 to 1,572 two years later. A daily census of 10 is required to receive Area Agency on Aging funding.
AAA provides partial funding for meal programs, community outreach and the day care center ($268,942 in 2007/08, $222,459 in 2008/09), Mendocino Transit Authority provided $147,800 this year and a grant from United Way supports a suicide prevention program.
The remaining 49 percent of the budget is raised through transportation fees, meal contributions, donations, fund-raisers and the thrift store.
Relationships
According to the report, relationships were in a decline with participants and volunteers, accompanied by high turnover with staff. Eight of the remaining 16 employees had been employed less than two years; nine employees left in 2007 another 10 in 2008.
Connections with Fort Bragg Unified School District, the property owners, were nearly nonexistent as were relationships with community organizations.
Charles Bush
"I was invited to join the [senior center] board last October [2008], served for five months, then became director after Joe's [Curren] resignation, and [I] left the board at that time. I had been on the board for about two months when I was interviewed by the grand jury," wrote Bush in an email received on Tuesday afternoon.
"In January [2009], the board asked me to conduct an assessment of Joe and of the operation of the center. This is work that I have done professionally for many years, and I agreed. I interviewed all key staff, spent 20 hours with Joe, and discussed the center with a dozen clients.
"I was about 75 percent completed when Joe resigned. I shared my assessment with the board, and they asked me to take the director's position with the understanding that I would complete a strategic plan, develop a strong staff team, and correct any problems that I had uncovered. We agreed to review progress in six months, and decide how to proceed.
"The work is going very well. We will have an annual budget and operating plan completed by the beginning of the new fiscal year on July 1."
Barbara Durigan
Barbara Durigan is the longest serving board member but she says she was never interviewed by the grand jury for this investigation.
"The grand jury never talked to me," said Durigan in a telephone interview. "It doesn't make sense."
Durigan confirmed the board did agree to pay Curren's tuition. She said the board had made tuition payments for other employees in the past.
She said they felt, "After nine to 10 years [employment], it would further his ability to serve [the senior center].
"We [she and Sheffel] met, [decided], and didn't write it down," Durigan said.
She also stated that 12 weeks of vacation "wasn't outlandish after 10 years [of employment]."
Durigan defended Curren, stating that when he started his position the senior center was in "such financial ruin it nearly closed," but now it has "reasonable" reserves.
"Joe pulled it out; that's what he did," she said.
According to Durigan, most of time there were only four active board members.
"We never turned anybody down to be on the board; no one was begging to be on," she said. "We did not always do the best things we could."
Who's who?
The grand jury investigation requires responses from the senior center board, Interim Director Bush and Mendocino County Area Agency on Aging Director Susan Era.
The AAA holds a limited oversight role; the agency transmits county and federal funds to the center for meal, community outreach and adult day care programs. It also inspects the financial and service records annually.
AAA is a five-member board that has recently changed members. There is also a 16-member advisory council that is the main working body. The council does not handle contract issues directly; that is the responsibility of Director Susan Era and county counsel.
Redwood Coast Seniors Inc. formed as a California 501(c)(3) non-profit corporation in 1973, and has a $1 million budget. It is located at 490 Harold St., in a wing of the historic high school campus, which is now the middle school.
http://www.mendocinobeacon.com/ci_12420767?source=most_viewed
No comments:
Post a Comment