Firing Documentation – Part 2

November 25, 2018 9:46 am

So, part one was all the way up to just before actually getting notified that I was fired, part two is what happened afterwards. Things go from being “at will” to “just cause” and from “personnel” issues to “policy issues” and “inefficiencies”. Then eventually, the public message will all be about finances. Like I said, buckle up for a ride through crazy town!

So . . . I’m going to start out with the TRC policies about just cause – since that is really what this all boils down to – they didn’t follow their policies . . .

TRC POLICIES
TRC Personnel Policy – November 2013 (they’ve been further amended since then – but not these portions of the policy) has the following relevant definitions and processes:

Just Cause

Discharge shall mean the permanent termination of an employee from the employment of the corporation for just cause.

Just Cause shall include, but not be limited to: insubordination, inefficiency, excessive unauthorized absences or tardiness, and violation of board policy, the constitution of this corporation, statutes, or other valid rules, laws or contracts governing the corporation.

Fair procedure?!?

Section 18.10 DISCIPLINARY PROCEDURES. It is the intention of the board of directors to secure a fair and effective disciplinary procedure for employees.
(1) Any supervising authority may:
a) Issue a written reprimand
b) Suspend an employee without pay for a period not to exceed 30 days.
c) Suspend an employee with pay for a period not to exceed 30 days, pending consummation of an investigation to determine the appropriate measure of discipline.
d) Discharge an employee
e) All such action is subject to the right of appeal of the employee to the appointing authority in the manner set forth herein.

So . . . resuming the timeline

GETTING FIRED – FRIDAY EVENING, OCTOBER 26th
Unofficial notice
So, I’m sitting at home and realize I’ve lost access to my work email . . .

Official notice
And then I got this letter at 10:28 pm: Konkel Termination

Dear Brenda,

This letter is to notify you that your employment with the Tenant Resource Center (TRC) is terminated effective immediately.

To the extent applicable, this notice is intended to comply with Article 18.09 of the Tenant Resource Center bylaws, a copy of which is enclosed. If you choose to invoke Article 18.09(3), you must submit written notice to me by Monday, November 5, 2018.

The Board acknowledges your many contributions to TRC over your more than 20-year tenure and does not take this action lightly. But the Board has a duty to act in the best interests of the organization not any one person. Accordingly, the Board is taking this action because it does not have confidence in your ability to effectively lead the organization. Reasons for this action include your:
• Violation of TRC Financial Policy for Cash Disbursements
• Violation of TRC Financial Policy for use of the Credit Line
• Failure to follow the Hiring Process in the TRC Bylaws
• Inefficiency in operation of the TRC, including in bookkeeping, in the supervision of employees,
and in the administration of payroll and insurance policies

I will meet you at 6 p.m. on Sunday, October 28 to arrange to pick up your keys and let you remove your personal effects from the TRC premises. If this time does not work for you, please contact me by 4 p.m. Sunday to arrange for another time.

You can expect a separate benefits status letter that will outline the status of your benefits upon termination. The letter will include information about your eligibility for continuation of group health coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) or other applicable law.

Regards,

Pearl Foster
President, Tenant Resource Center Board of Directors

SATURDAY, OCTOBER 27th
I couldn’t pick up my things on Sunday at 6pm, I had other commitments, so . . . this email exchange ensued . . .

10:49 am Saturday I say

I am not available at that time tomorrow – I can do today, but I will have to arrange for a truck for my desk, the lockers, my chairs and some of the totes in the basement. The last items may need to be picked up tomorrow morning depending upon when I can get the truck.

8:44 pm I get a response from Pearl

Brenda – I’m wondering if these items were picked up today? And what time would work to meet with you to leave your key? I am not available until later tomorrow evening but depending on your availability, another board member might be available at your earliest convenience.

Thank you,

*PEARL*
“Be the change you wish to see in the world” – Mahatma Gandhi

SUNDAY, OCTOBER 28th
10:30 am

I was under the impression that you wanted someone to be with me when I picked up my stuff so I did not pick it up. I may be able to grab some of it today but not all.

Pearl at 11:09

That would be great. What time is best for someone to meet you today?

Me at 11:11

I’m about to go over there now – probably about 11:30 – I only have until 2:00 when I have a meeting (at SJC). I also have the TRC debit card.

No one showed up to be there with me. I just packed up my stuff and left some notes.

Obviously, this makes no sense if I’m such a financial risk to the organization that they didn’t supervise me packing my things – that’s firing 101. I should note, I had SEVERAL credible witnesses! 🙂

We picked the rest of the things up on October 31st with the truck.

COMMUNITY RESPONSE
So, I posted on Facebook, there was a protest Monday morning, the board hired Sterling Lynk to step in, a community letter was written and signed by over 200 people, the board issued press released, and of course the newspapers and television stations covered it all . . .

COMMUNITY LETTER

Dear TRC Directors:
We, the undersigned community supporters of the Tenant Resource Center, write in opposition to your shocking decision to terminate longtime Executive Director Brenda Konkel. We are deeply concerned by your lack of understanding of TRC programs and services and the role that Brenda plays in TRC’S success. It’s not just that you fired Brenda. It’s that you fired Brenda without consulting staff and TRC membership and without considering the impact on TRC client services and newly acquired funding. It is very difficult to understand your extreme action given Brenda’s knowledge of landlord/tenant law, federal, state, and local funding requirements, and her record of growing TRC by 8.5 times. Your abrupt decision does not seem consistent with your fiduciary duties to the TRC and requires more deliberation and engagement with TRC members. We urge Board President Pearl Foster to promptly call a special membership meeting to discuss this decision, receive input from the membership, and consider the future of TRC.

At last count 219 people and organizations had signed on: Protect TRC_ Membership Meeting Now! (8)

MEMBERSHIP MEETING REQUEST
November 2nd

Dear President of the Board of Directors of the Tenant Resource Center,

As mentioned in the meeting Monday, October 29, several members of staff would like to call a special voting membership meeting. We followed up by email that same day, and would like to clarify our request in this petition.

In the “Constitution of the Tenant Resource Center,” under Section 3.01(1) and Section 3.01(1)d., “a voting member of the Tenant Resource Center shall include”… “any person employed by the corporation” (during their continuance under the employment of the corporation). As such, we as staff believe that we have rights as voting members.

Under Section 3.02(3), the bylaws state, “Ten percent of the duly enrolled voting members may petition the president of the board of directors to call a special voting membership meeting.” Section 3.01(2) clarifies that “the Board of Directors shall oversee maintenance of accurate voting membership lists.” We are not aware of a current list of the voting membership. If there is one, we request to see a copy no later than 1 week before the meeting. We believe that it’s unlikely to be more than 70 people, and therefore think 7 of us are sufficient to call this special voting membership meeting.

Section 3.02(3) further clarifies that, “Only items placed on the agenda by the petition shall be in order.” Based on these cited sections in the TRC’s Constitution, we are awarded the right to call a meeting and set the agenda.

We request the following items to be on the agenda:
1) Public Comment
2) Termination of ED Brenda Konkel
3) Next steps

In the same section, the explanation of timing is that “the call shall be mailed or delivered to every voting member at least fourteen days prior to such a special voting membership meeting, and not less than five days after the receipt of the petition by the president of the board of directors.” We understand that under these rules, the timing must be, at a minimum, 14 – 19 days from the receipt of this petition. However, given the urgency of this matter, we call that the meeting be held on November 9, 2018 at 10 am, at the Social Justice Center. If this cannot be accommodated, we request that the meeting be held on November 26 at 4pm at the Social Justice Center. This is an alteration to our earlier request.

We look forward to this meeting. We hope that we can build a plan moving forward that will truly stabilize and shape the TRC.

Sincerely,

Laura Dixson-Kruijf and 8 additional staff members

APPEAL
Nov. 3rd I sent this to officially appeal

Pearl Foster

President, Tenant Resource Center Board of Directors

Via email only: onepeacelove@yahoo.com

Dear Pearl:

I am hereby appealing the decision of the board to terminate my employment. Under Board Policy 18, the “Personnel Policy,” the Board can only discharge me for “just cause.” (18.03 (5), (8); 18.09.) No just cause exists. Your letter of October 26, 2018 indicates that the reason for termination is that the board “does not have confidence in [my] ability to effectively lead the organization.”

This comes as a shock to me, as the board has not previously expressed that any concerns about my “effectiveness” could merit discipline, much less discharge. As you know, the board was unable to meet quorum January, March, April and June of this year and this board was just elected in July at the annual meeting, the evening of my brother’s funeral, with a majority of new members. I have only attended two board meetings with this board of directors. You have not given me an adequate chance to hear, much less address, any concerns this board might have. When you first indicated the board’s desire for my termination, you told me it was due to high staff turnover. With the formal termination letter, however, that reason has been abandoned, and you state new reasons for termination which you refuse to give me details about.

Specifically, you first claim that I violated two sections of the TRC Financial Policy; one on “Cash Disbursements” and one on ”Credit Line.” The TRC Financial Policy is contained in Chapter 16 of the policies. There are no such sections in Chapter 16. Upon inquiry, your attorney provided a May 17, 2006 document titled “Financial Policy,” which contains sections titled “Cash Disbursements” and “Credit Line.” Apparently, you believe that the financial policies enacted in 2006 have continued to be unmodified and in full effect. Those 2006 policies were modified many times in the past 12 years and eventually revoked. They were, however, recently provided to the board as a sampleof the types of policies we shouldhave in place. This may be where the confusion lies.

Regardless of disputes over what our formal policies actually are, at all times I have managed cash disbursements and the credit line in good faith and as directed by the board of directors, formally and informally. Any accusation that I mismanaged the finances or funds of the Tenant Resource Center, or violated the organization’s policies with respect to cash disbursements or use of the credit line, is false. My attorney asked for the factual allegations underlying the accusation that I violated policy in these areas, but you have refused. Without such information, I cannot further respond to the accusation.

You also claim that I failed “to follow the Hiring Process in the TRC bylaws.” I am again perplexed. The bylaws, chapter 1 – 10 of the Constitution, contain no reference to a “Hiring Process.” I can only assume that you mean to refer to the hiring process described in the board policies, Chapter 18. In response to our request for the policy referred to, your attorney forwarded the 1999 Constitution and policies. This document has also been modified in the 20 years since it was adopted, including at the general membership meeting on June 11, 2009. The board has also made informal modifications to the policies, and delegated authority to me, from time to time. With respect to hiring, at all times I have handled hiring in line with board direction and authority granted to me. Any accusation that I have engaged in any unauthorized hiring or inappropriate hiring practices is false. We also sought the underlying factual allegations to this claimed policy violation, but again you refused. I therefore cannot further respond to the accusation.

For the same reasons, I cannot respond to your fourth and final allegation of “inefficiency in operation of TRC, including bookkeeping, in the supervision of employees, and in the administration of payroll and insurance policies” other than to say that for 27 years, including the last 23 years as the TRC’s Executive Director, I have performed my duties to the best of my ability, with very little negative feedback, and to the great benefit of the organization. I have never been disciplined and have always worked collaboratively with all stakeholders to meet and exceed all reasonable expectations.

The board’s apparent misunderstanding of the policy documents of the organization, the majority of its members’ short duration on the board, and the lack of quorum for many months seem to be significant contributing factors to your erroneous and unfounded decision to discharge me. Moreover, the board’s failure to include a staff report on the agenda of the board meetings, or, when included, pushing it to the end and rushing to get out of the meeting, have made for a difficult environment in which to perform my duties, including educating the board and obtaining guidance.

The board’s decision to discharge me was reached without any investigation, without communication with me about any specific concerns, and based on expired and modified policies. The Tenant Resource Center, and each and every member of this board, is better than that. The disrespect you and the rest of the board have shown me and my 27 years of dedication to this organization astounds me. I would never do anything to hurt this organization in any way, and for you to imply otherwise is appalling. I urge the board to reverse its decision to terminate my employment, reinstate me, and work with me, the staff, and the membership to define a path forward. Anything less than that could interfere with the TRC’s grant obligations, harm the vulnerable communities that rely on the TRC to help them obtain and keep safe housing, and ultimately destroy the organization.

Sincerely,
Brenda K. Konkel

Cc: Attorney Tamara Packard

BOARD DENIAL OF MEMBERSHIP MEETING REQUEST
Wednesday, November 7th

Dear Laura,

This email confirms receipt of your petition for a special voting membership meeting. We would like to clarify that while a sufficient portion of the membership may petition the president of the Board of Directors, it is ultimately at the president’s discretion whether or not to call the meeting. This is based on the language found in Section 3.02(3) of the TRC bylaws.

The Board will not call the petitioned meeting at this time. Rather, we will call a separate meeting for the evening of November 26, 2018, to discuss the organization’s finances and financial plans moving forward.

While the Board has many topics we’d like to discuss with you, we are constrained by personnel policy and legal concerns. We know how frustrating that must be to hear, in part, because we share that frustration.

Our members’ concerns and input are vitally important to the continued existence of this organization. With that in mind, we will share financial information to inform membership and solicit feedback.

The formal call for a meeting pertaining to TRC’s financial situation will come shortly after this email.

Thank you,

Pearl Foster,
President, Tenant Resource Center Board of Directors

BOARD’S ALTERNATIVE MEETING
Nov 7th
The board then sent out a membership meeting notice to an extremely unusual list of people – that I got from a former board member . . . clearly, obvious members of the organization were not sent the notice.

Tenant Resource Center Invitation to a special membership meeting

Dear TRC Member ,

You are invited to a special membership meeting to discuss the Tenant Resource Center’s current finances and financial plan moving forward.

Date: Monday, November 26, 2018
Time: 6:30 p.m.
Location: Tenant Resource Center, 1202 Williamson St # 102, Madison, WI 53703
Agenda: Will be shared out closer to the date

Please note: We have done our best to invite all recipients who qualify as members of the organization. Members are defined as current staff, current board members, former board members from 2017 or 2018, former staff from 2017 or 2018 who were not discharged, and current or former volunteers who have donated at least 5 hours to TRC in 2017 or 2018. If you know of anyone not invited who you believe may meet any of these criteria, please don’t hesitate to let us know by November 24, 2018.

Why are we discussing finances? We have many topics we’d like to discuss with you, but at this time, we are limited from a legal perspective in what we are able to discuss in terms of personnel matters. Instead, we propose to discuss an issue of vital importance to the TRC’s future: finances. It is our goal to be as transparent as we are able in our decision-making processes, and the TRC is currently facing some pressing financial decisions that would benefit from your input and insight.

What are the goals of the meeting?
Situational awareness: To share with our membership information necessary to make informed decisions
Shared leadership: To receive input from our membership on the TRC’s financial plan moving forward
Recognition: To recognize the vital role our members (including staff) play in sustaining this organization

We know the last month has been a difficult one, and that our actions have been met with serious concerns, which we would like to address as much as we are legally able. It is our hope that we can come together for the sake of this organization whose work is so important to us all, and to our communities.

Thank you and we look forward to hearing from you,

Pearl Foster,
President, Tenant Resource Center Board of Directors

UNMET REQUESTS FOR DOCUMENTATION
On October 27th we requested:

A narrative of the underlying factual allegations which TRC believes supports the conclusions stated in the letter regarding Ms. Konkel’s performance

They never provided it.

October 31 we requested for information as follows:

If the Board cannot articulate the facts underlying its blanket accusations, then Brenda cannot effectively respond to those accusations in her written appeal. This then makes the hearing more difficult for everyone, as it is unclear what is in dispute. She will need time to corral her evidence and witnesses after hearing the organization’s case. On a related note, I’m interested to hear what the TRCs plans are for who will prosecute the termination decision. I assume you will continue to advise the hearing body (the Board), but obviously you cannot also prosecute the decision.

No response.

November 13th

In follow-up to the specific claims, please provide me the following:

1. the WC and HI bill due dates, the check dates and the bill approval documentation;
2. the dates, amounts and person(s) not paid timely, as well as the payroll approval documentation that goes with those paydates.

You also told me that the board has withdrawn its claim that Brenda failed to follow hiring procedures because they found the current policy.

No response.

3rd SET OF THINGS THE BOARD CLAIMS I DID WRONG

First it was personnel issues, then it was the policy issues listed in the official letter, then November 13th my attorney talked to their’s a the new reasons why I was being fired were articulated as

1. Worker’s Comp. premiums not paid since “early in the year;”
2. Health insurance premiums paid “late;”
3. People not taking their paychecks “on time”—you as well as others.

At that point they were still discussing me coming back to the organization.

APPEAL PROCESS FOR NOVEMBER 18th
On November 13th we asked

Brian, I have not heard any proposal on how the hearing will be conducted on Sunday. What is it? Who will be “prosecutor,” who will be advising the board?

November 15th

Neither I nor Brenda have heard anything about the logistics of the hearing. We need that information at once, as well as the information and documentation requested in my message yesterday (below).

Finally, on November 15th, 3 days before the appeal “hearing” we got this

Dear Brenda,

This message is to inform you about the details of your upcoming appeal of the Tenant Resource Center Board of Director’s decision to terminate your employment. The appeal will take place at the TRC office at 5 pm on Sunday, November 18. The members of the board will be present, and you are invited to bring yourself and your counsel, if desired. Your counsel may advise you in your appeal but may not participate. No other attendees are permitted. The hearing will be an informal format and may not be recorded.

You will have 45 minutes to elaborate on your written statement (email received November 3) appealing the board’s termination decision. You may address the items listed in the notice terminating your employment and respond to Board questions.

Following your appeal, the board will enter closed session to discuss. You will receive an email with our decision within 10 days following the appeal and the decision of the Board will be final, as stated in, TRC’s bylaws, section 18.10(5).

Thank you for your time, and please do not hesitate to contact me if you have any questions.

Sincerely,

Pearl Foster
President of the Board of Directors

Our response to this process:

Below please find the email outlining the procedure the TRC board intends to follow on Sunday. As you know, Brenda Konkel can only be discharged for just cause. The burden is on the employer to prove just cause. This procedure seems to place the burden on Brenda. This procedure also expects her to present a case when she still has no information about the facts that the TRC relies on, despite our repeated requests for that information.

Brenda Konkel will participate in the procedure as currently dictated by the Board. However, should Brenda Konkel not be returned to her job following Sunday’s “hearing,” and otherwise made whole, she reserves all rights to bring a breach of contract action and any and all other claims against TRC and its board members.

APPEAL “HEARING” PROCESS
When we got the appeal hearing, they had a new process they decided to use. They said they would finally tell me what I did wrong – for 10 minutes. Then I could respond, but they still provided me no documentation. My notes say that I was fired for:

Cash disbursements – according to the 2006 amended and recinded policies

Signing checks over $500 without a second signature
Signing reimbursement checks to myself
The debit card was only supposed to be used for office supplies but I used it for other things

Line of credit -according to the 2006 policies which were amended and recinded

Line of credit is to be used for payroll only and I used it for paying rent, paying for pizza for the volunteers that helped paint and paying a person who cleaned our offices

The hiring claims were withdrawn

The “inefficiencies” included

Bookkeeping – bouncing checks, overdrawing account, late payments, fees
Supervision – escalating turnover (was at 15%, then 25% and then 33%)
Payroll not paid on time, the last payroll bounced (the day I was fired)
Board insurance police lapsed
Not paying staff health insurance on time

However, not one single shred of documentations was provided, no dates or times or specific instances that I could respond to. I don’t know if they were talking about last month, last year, last 6 years? Just the same vague statements and reliance on 2006 policies that are no longer in place. I don’t believe the I signed any checks inappropriately or used the debit card or line of credit inappropriately. I also think that if they hadn’t shut down the TRC for two days and messed with my ability to do my job, that the last payroll wouldn’t have bounced. I don’t recall bouncing checks in the past 6 months. I admit, cash flow is always a problem because many of our grants require us to spend the money first, then get reimbursed. That is why I was getting a bigger line of credit for the TRC. Increasing the line of credit took and entire year of working with the bank, but was finally signed in my last week of employment with the TRC. Ironically, the bank was finally satisfied we were in a sufficient position to justify the increase in the line of credit. They did so based on our latest financial statements from our CPA. So, if the bank had been looking at our statements for an entire year and was finally satisfied that things had improved, I’m confused as to why the board finds otherwise.

Also, please note, when you read the press release, several of the things in the press release were not the reasons they listed as to why I was fired. That seems to be a 5th set of reasons.

They did nothing to prove I did any of these things wrong – and didn’t address any concerns I raised about the policies being the wrong one. They refused to provide me documentation that shows I did these things wrong.

With the new process for appeal sprung on me, I decided to read my statement as I prepared it. I also responded to this more detailed set of reasons for being fired part way through my written statement.

Bottom line is that the cash disbursements and line of credit claims are still based on old policies no longer in effect. And the “inefficiencies” that they list have no detail to which I can respond.

WRITTEN STATEMENT FOR APPEAL

As the person who has served as the Executive Director of the Tenant Resource Center for the past 23 years, I have always been proud of the fairness with which we treat our employees. For at least nearly 20 years, and probably longer, TRC has guaranteed its employees that they will not be discharged unless there is “just cause.” The concept of “just cause” is not unique to the TRC; union employees throughout the nation have historically had this kind of protection against unfair discipline. While TRC includes a definition of “just cause” in Section 18 of its policies, that definition is necessarily just a starting point, acknowledging that the concept of “just cause” protection is more complex than can be captured in a brief definition. There are extensive bodies of work, decisions in employment disputes, which flesh out what “just cause” is, as applied in a wide variety of situations. Central to the concept of just cause is the two-part inquiry: (1) did the employee violate the workplace rules or otherwise engage in misconduct as accused; (2) is the penalty appropriate for the violation that the decision maker finds occurred.

Discharge is considered the “capital punishment” of employment discipline. When discharge is the penalty, the answer to this second question involves an inquiry into whether the employee can be rehabilitated through lesser discipline, training, additional support, or some other change in circumstances. When considering whether just cause exists, decision makers also take into consideration such things as the employee’s longevity with the organization, history of prior discipline, whether they were on notice that the infraction they are accused of could result in discipline including discharge, how the employer has dealt with the same or similar infractions in the past, and whether a sufficient and fair investigation was conducted prior to issuing the discipline.

The TRC adopted the just cause standard and has applied it for decades. The concept of just cause is not whatever the Board wants it to be: we are not the Trump Administration, we’re better than that, if we don’t like the meaning of a word, or if it is inconvenient, we don’t just change it. I urge you to carefully consider the accusations against me (which I still don’t fully understand) in light of the just cause standard. When you do, you should determine that while there are opportunities for me and the organization as a whole to improve, there is not a legitimate basis to discharge me. There is no “just cause.”

Today’s meeting is meant to be an appeal of your decision to fire me; a hearing through which, as our policies say, you “determine whether the action complained of was justified.” The difficulty I have in presenting my case to you is that you have not given me much information about what I am accused of doing wrong. Your letter of discharge told me only that you believed I violated certain policies, but did not tell me what facts made up such violations. My appeal letter was therefore limited to telling you that the policies you relied on were no longer in place; they had been amended or repealed. Additionally, I was never asked for my side of whatever story it is you rely on: the investigation, if there was any, was not sufficient or fair.

Despite this, it seems like there may be a real possibility to resolve something, either at this meeting, now, or through a mediation with a neutral mediator. Ultimately, I hope we all wish for a way forward for the Tenant Resource Center that will help TRC continue to give our clients a high quality of service and assure our staff, funders and donors that the TRC will continue in its current role in the community.

Today, I’m hoping to talk about the process leading to where we are now and why it doesn’t justify my firing; and convey a strong plea to consider some common ground so that we can really work together to solve the many challenges the TRC faces.

When you asked me to resign, or said I would be fired, I expressed concerns that the board hadn’t followed the process in TRC policy. That there had been no prior instances of discipline or corrective actions. I asked for the reasons why I was being asked to resign, and I was told things like:
– It’s a pattern of behavior, but when I asked for examples, I wasn’t provided any.
– (you indicated) I didn’t follow up with having Michael mentor me or take management classes – I asked if the board knew what I have done in response to the staff satisfaction survey, and Michael said no. The board hadn’t addressed any of these issues with me in the past 8 months, so if there were concerns, I was unaware of them.
– There were other vague statements about wanting to “go a new direction” or that you had “lost confidence” in me, but no detail.
– And, at that time it seemed to be primarily about not being able to manage a large staff and staff turnover, or staff management issues.

None of those reasons sounded to me like the just cause required in the policies. I was completely caught off guard in the moment as there had been no indication from the board collectively that you were dissatisfied with my performance. I have never been disciplined or given corrective actions and goals. And since this board came on in July, the night of my brother’s funeral, and the board was so new, we were still getting to know each other. I have to admit it felt incredibly insulting to imply that I couldn’t manage the organization that I had managed for 23 years when you all were new to the organization. I believe that my frustration was exacerbated by the seeming lack of interest in my staff reports (either missing from the agenda or rushed at the end of the meeting and met with impatience) and because I had received so little help or feedback from the board due to lack of quorum over the past year. Essentially, I felt as I was left to manage on my own and felt I was doing the best I could without a functioning board. I have to admit, clearly there were many challenges to be resolved, but there simply wasn’t enough time – and firing me was going to make them worse for the immediate future. At the time, firing me and then hiring me back in some capacity also made no sense to me without some type of formal proposal about what that could look like. And I couldn’t imagine how you would be able to afford that – it seemed insincere. Additionally, at the time, and to some extent now, I have or had no idea of what work I did for TRC was worthy of being continued and which work was worthy of me being fired. And I couldn’t agree to resign and agree to something which I had not seen. We’d question any client that came to TRC with such a proposal from a landlord to agree to something unseen!

I regret that we didn’t work something out at that point, when you first proposed I leave TRC, but I felt you had no interest and were insincere. This was particularly difficult because I had so little time to figure out a response to this shocking news with only vague references about what I had actually done wrong.

As you know, when I didn’t resign, you fired me. At that point, there was a completely different set of issues that were listed in my formal termination letter. It now was about not following policies, policies that were out of date and weren’t modified for more recent board decisions – (1999 versions and 2006 versions). The reasons stated at that time were:
– Violation of TRC Financial Policy for Cash Disbursements
– Violation of TRC Financial Policy for the use of the Credit Line
– Failure to follow the Hiring Process in the TRC bylaws
– Inefficiency in operation of the TRC, including in bookkeeping, in the supervision of employees and in the administration of payroll and insurance policies.

When I asked for details – days, dates, actions taken, I did not receive any further information. As I said earlier, for that reason, I really can’t defend myself with such vague statements as I don’t know what specific instances to address. My response to those issues, such as it is, is in writing from November 3rdand I won’t take the time to read that response here, if that’s ok? I can only say that at all times with regard to the policies I was acting in good faith in my stewardship of this organization that I have worked for over the past 27 years. I was never made aware of or asked to address the policy issues in the past, formally or informally.

Since then, I believe you have found at least some of the correct policies and have dropped at least the Hiring Process concerns.

The latest I’ve been told through attorneys is that I’ve been fired for
1. Worker’s Comp. premiums not paid since “early in the year;”
2. Health insurance premiums paid “late;”
3. People not taking their paychecks “on time”—myself as well as others.

These seem like a third set of issues, all related to bookkeeping. Through my attorney, I have asked for further details and documentation related to these allegations, but that request has been met with silence. I believe if I were provided the requested documentation, things would become clear about why these things happened. I believe that there is additional information you need in order to make an informed decision about these issues, but without a better understanding of the facts underlying these accusations, I am not able to provide that information.

Instead, I call your attention to the Section 18.09 of the TRC Policies, which says:
Section 18.09 DISCIPLINARY PROCEDURES: It is the intention of the board of directors to secure a fair and effective disciplinary procedure for employees.

So far, the process with me has not met this standard because
– the reasons for my discharge have changed multiple times
– the final reasons that you are now citing don’t constitute “just cause” for immediate dismissal as intended in our polices
– there was no progressive discipline or attempts to work out any issues that might exist,
– there was no investigation into any alleged incidents,
– I was not given details of the reasons for being fired and I can’t adequately defend myself without clear details of what I’m being accused of

I believe you have not followed TRC disciplinary policies in providing a ‘fair” process or proving “just cause” so I formally ask that
– I be fully reinstated in the position of Executive Director.
– I receive a public apology
– I be compensated for attorney’s fees
– I am fully reimbursed for my PTO

As you can imagine, I have personally suffered other losses here that I don’t believe you can compensate me for including
– Having a negative effect and potential ending my race for mayor
– public humiliation and
– damage to my reputation – At least one of you has failed to maintain confidentiality around my termination and has told outsiders that I was fired for financial misconduct; that is defamation, and has exacerbated the harm that this discharge has done to me

Furthermore, my unemployment claims have been denied in part because you have not responded to their inquiries about why I was fired and I couldn’t really be clear since the stated reasons continue to change. If I am not returned to employment, I request that you reply to the Unemployment Claims paperwork.

That’s the end of my more formal statement. I would now like to turn to a discussion with you, if you are willing, to hear what is going on from both sides and see if there is some sort of way to resolve this.

I never heard a response back from your attorney about our last offer which was as follows:
– Returned to full-time employment with TRC as a co-executive director (alongside Sterling) for one year.
– If after one year, the Board wants me to resign, I will.
– If it wants me to stay, I will stay unless I wish to leave.
– The termination would be withdrawn and all related documentation destroyed.
– The hearing would be canceled.
– The parties would issue a joint statement aimed at restoring confidence in the organization.

I’m not sure why we didn’t get a response, and I think going back and forth through the attorneys isn’t getting us where we need to be to protect the TRC clients, staff, funders and donors.

The TRC doesn’t have the financial capacity to make me whole for what I have endured: the damage to my reputation, the harm to my mayoral campaign, to begin with. There is very little in this appeal for me, personally – in fact it seems like a lot of difficult work – except – I have a firm belief in the mission of the organization and continuing the strong programs we have with the high level of service we provide.

Together, we need to make sure TRC stays strong in the most difficult environment for nonprofits I have seen since I’ve been involved.
– Our clients need our services, now more than ever because of the affordable housing crisis and the rollback of tenants rights over the past 7 years – TRC has to stay strong to make that happen. We have been overwhelmed with the number of people who have been seeking our services and the law changes have been devastating.
– We need our current dedicated staff to stay focused and to do their jobs without fear of retaliation or getting randomly fired – and we certainly don’t want them to leave because of the unstable environment – we need their expertise – and training new staff at this point seems daunting.
– Our funders and donors need to keep faith in the organization so we maintain the funding to keep those services strong for our clients
– And, I think TRC needs me to make it happen – in some capacity. Organizations that have gone through transitions of Executive Directors (Housing Initiatives, Commonwealth Development, Porchlight, etc) took 2 years to make that happen, TRC didn’t even take 2 seconds. As I suspect you have found, that simply doesn’t work and it has serious consequences.
– TRC has always been under resourced, we’ve always had cash flow issues with our grants, and we joke that its stays together by duct tape and bubble gum, awesome staff and my stubbornness not to let it die, in fact I’ve been doing 2-3 jobs for the better part of the last 3 years – not because I want to, but because I had to. I’d much rather be working 35 hours a week and having my Friday’s off in the summertime – that just hasn’t worked out.
– My response to this underfunding, was to put the organization in a place where it was more regularly funded by long term on-going grants – and to put us in a position to get that county money back . . . and more. The board approved these actions through budgets and other actions and all of this was reported to the board, however brief or unheard. We already got the city and county to give us $45,000 each, bringing us to even – and now we can apply for the Housing Help Desk money again in the spring – that would give us an additional $165,000 beyond what we had lost – plus they have more money for singles rapid rehousing to serve as match money for federal grants. Those things happened, that funding became available, because of my advocacy and we are in a strong position to get that more flexible (non-HUD) funding to help with TRC’s challenges.

I’ll be the first to admit, the growing pains have been real, its been rocky – especially with me taking care of my brother once a week the months prior to his death, his eventual death that was sooner than I had expected and my inability to take time off to grieve, plus the SJC loan delays, the new programs starting at unexpected times (all earlier than expected) and unfortunate timing of the move. Additionally, I know I’m not perfect, I know I’ve been overwhelmed by being under-resourced and doing several jobs while starting new programs. But I can assure you there was a plan to continue improvement over the next 6 months and at all times I felt I was acting in the best interest of the organization – but sometimes it just didn’t happen fast enough. Many pieces to move forward are in place or – unfortunately – in my head. Many of those ideas have been enhanced, modified and sometimes thrown out through working with staff and getting their feedback. I think you would benefit from hearing my vision and drawing on the strengths I do have, and together we can work on my weaknesses or those duties can be assigned to others.

I think we need to come some mutual agreement about how to move forward to prevent further damage to the organization and restore the faith of the clients, staff, community partners, funders and donors so we can continue to serve our clients. I’m willing to do that, if you are. I think I’m the right person to do this work with you – I clearly have a passion for this work and I work really hard. And you have been putting in an incredible amount of work as well, TRC often doesn’t often benefit from having an active and engaged board. I think if we can figure out how to use that time working together instead of against each other, the TRC will be much better for it and I think we will all feel that we have used our time more productively to better TRC and our community instead of weaken it. To me, that’s what really matters here.

FORMAL REJECTION LETTER

November 23, 2018

Ms. Brenda Konkel
30 N Hancock St
Madison, WI 53703-2802

Dear Ms. Konkel,

This letter is to notify you that the Board of Directors of the Tenant Resource Center (TRC) has considered your appeal and has affirmed its decision to terminate your employment. As previously shared with you, the Board terminated your employment for the following reasons:

• Violation of TRC Financial Policy for Cash Disbursements
• Violation of TRC Financial Policy for use of the Credit Line
• Inefficiency in operation of the TRC, including in bookkeeping, in the supervision of employees, and in the administration of payroll and insurance policies

The information you shared in your appeal was not sufficient to outweigh the documented management problems, operational inefficiencies, and outright policy violations we identified.

To the extent applicable, this notice is intended to comply with Article 18.09 of the Tenant Resource Center bylaws.

Sincerely,

Pearl Foster
President, Tenant Resource Center Board of Directors