Since the gloves are off and the board has gone to the press and issued a press release . . . and it’s up to the membership or the courts now . . . and the court of public opinion! Here you go . . . all the details I have documented. Warning – this is detailed – nothing is simple.
Sorry for the rather long information dump. Hopefully people who have been asking questions will get them answered here. It sucks to have to air dirty laundry of an organization I love – to protect myself. I’m left to choose between the board members smearing my good name, and potentially hurting the organization I love. This is a new board, I only attended 2 meetings with the new configuration – 5 of the 8 members are new, and prior to that the board struggled to get quorum. The new board jumped to a lot of conclusions, have very little history of the organization and certainly never asked me about the reasons they ultimately fired me nor did the provide any documentation of any of the accusations so I could properly defend myself. And, as you will see, the reasons I was fired, changed 5 different times. It’s like they fired me because they wanted to, then made up the reasons later. It’s a bit of a rollercoaster ride, and if you start, you have to finish it!
BACKGROUND – 8 days leading up to the firing
THURSDAY, OCTOBER 18
Initial Text
So, at 12:13am (yes, a little after midnight) on October 18th I got a text message from Michael Donnelly saying “Hey Brenda – could you swing by SJC around half past seven so we can talk about something before the TRC staff meeting in the morning” I didn’t see the text until 7:15 am when I replied – “oooo, I think I can make that – does it still work for you?” He said yes. I skipped a shower and ran to work . . .
Meeting with the board
I walked into the SJC conference room and 6 of the board members were there (Amanda and Jackie were not). This was the first time I knew something was up. Michael started off by saying “This is going to be a difficult conversation . . . ” And then told me that he wanted me to resign or be fired. I, of course, asked why? They said a smattering of things with little detail – mostly about personnel issues and staff turnover and “going in a different direction”. I said that they went from 0 to 80 and skipped a whole bunch of steps and they needed to give me an opportunity to correct things. At first they seemed to be saying that it was about the employee satisfaction survey last winter. I followed up with questions about their lack of follow up with me about those issues and asked if they knew what I had done. I asked point blank if they had that information. Michael Donnelly answered simply “no”. They didn’t know what I had done in response to that staff satisfaction survey, they just assumed I did nothing. And they never once followed up in the 8 months after the survey and initial conversation about it.
They insisted that I agree to resign and they would present a separation agreement. I said I couldn’t agree to resign without seeing the agreement. They said if I didn’t I’d be fired. I asked for 2 weeks to consider this. They gave me until 2:00 the next day. I said I need to consult an attorney and see what they wanted me to sign. I thought I was going to go to my staff meeting, not say a word, have my staff meeting and start finding an attorney – quietly going about my business as if nothing had happened.
Staff meeting
Instead, at this point, it was time for the staff meeting and to my surprise, the entire board marched into my staff meeting. They wanted to hear my staff’s opinions about me. I think they wanted me to sit there, but I offered to leave so the staff could speak freely. So I don’t know what happened, but staff report that not much was said and there was just a lot of confusion. I asked Michael to text me when the staff meeting was over. And I went back to the office after taking a shower.
Return to office after staff meeting
At that point, the staff were all freaked out and asked what was going on. I have no poker face – so I said they’re firing me – and I expected to sit down and have a conversation with staff about what this meant and what we should do. That freaked out the staff even more. Three of the board members were still in the conference room and several (5?) of my staff members went in there and several just started screaming at the board. Some of the other staff members were assembling and trying to figure out what to do. There was a lot of crying. The staff decided to close the office for Thursday and Friday and to meet off site on Friday morning at 9am so they could deal with this. I started to leave the building with Martha, my new office manager – who immediately quit. As we were leaving we ran into another staff member on the back steps and were telling them what had happened.
Kicked out of the office and barred from talking to staff
At that point Jim White (a board member) came to get me and pulled me back in the conference room. They said this didn’t go the way they expected it to, they asked me to leave the premises and not talk to staff for the day. We had discussion about what a decent amount of time for a transition might be, they told me I could take Friday off if I needed it, but they wanted my answer by 2:00 the next day and expected me to show up to work on Monday. I pointed out that without the separation agreement, I couldn’t agree to anything but that I would try to find an attorney. They said they would get me the separation agreement but it wasn’t done being drafted. I assured them I wanted what was best for TRC. We decided to go back in and talk to staff together and that we would send a joint email about doing what is best for the organization.
Meeting with staff again
The board members (Jim and Pearl) tried to say TRC would be shut down for the day but that they expected all the staff to be at work on Friday. The staff said no, they were shutting down for Thursday and Friday. They weren’t really in the mood to listen to anything the board had to say. We told them Pearl Foster, the board president and volunteer Housing Counselor and I were going to draft an email to send out a joint statement to the staff – about how we needed them to pull together in these difficult times. The staff had decided they were meeting off premises at 9am the next day but were all going home to try to clear their heads.
At this point I left and hung out with friends for a bit, and then went home to talk with Rob. And then had the exchange below.
Correspondence with the Pearl (board president), October 18th
I drafted this for the staff:
It’s about a strong TRC for our clients
We know recent news has been difficult. We are hoping that you all feel the way we do. We feel that the most important thing here moving forward in a way that serves our clients well and preserves the fundamentals of the organization so that staff can serve our clients well.
Brenda was asked not to speak to staff or be on the property on Thursday, but may return to work and talk to staff on Friday. Brenda will make herself available to any staff that need to speak with her, but will likely not be in the office on Friday.
Next week we hope we can move forward in creating a plan for the next few months as we transition to a new phase for the Tenant Resource Center.
This was the response I got from Pearl.
Brenda – Thanks for starting this off. I like the subject line. I guess we should have been more clear on what we were asking for, too. So much going on. I’m not sure all the staff have heard the news so what the board is asking for is a notice of the changes. If you’d like to write an official letter of resignation later, I think that is best. This letter’s purpose is to get all the staff on the same page as not all the staff were at the meeting today and that several different meetings happened. I guess a simple statement of resignation followed by words of empowerment and collaboration from the staff in regards to a transition. In addition, that you will not be in the office today, may be limited tomorrow, but would like to get back to your regular schedule next week. That you will be working with staff and the board on a transition and for staff to have some patience with that. I think it’s important to remind staff (as you told the board) that you are committed and hope the staff continues to be committed to the clients and mission. I feel it’s also important to remind staff that the organization is strong and sewn together by a great group of people, all playing vital roles.
I like this: “We feel that the most important thing here moving forward in a way that serves our clients well and preserves the fundamentals of the organization so that staff can serve our clients well.”
I hope this makes more sense. Let me know if you have any questions. A final draft can then be sent out to the board today and to all staff. I believe Michael will be in contact with you regarding a contract.
Thank you, Brenda, truly, for everything you do.
I responded:
I’m not ready to sign an official resignation letter – I want to see what the terms of the separation agreement are. I am committed to making sure TRC doesn’t fully fall apart and will be at work Monday through whatever date we agree upon and I will cooperate in the transfer of knowledge for the sake of the clients we serve. I’ve remembered quite a few urgent things that need my attention but I need access to the office or to talk to staff and I believe that I’m not allowed to be on the premises or talk to staff about these items until tomorrow, but I have to deal with some things tomorrow – tho I don’t think anyone is planning on showing up.
I’m not sure I fully understand what the changes are at this point – so I don’t think I should write that part. I don’t even know what the next steps are at this point. Are we meeting at 2:00 tomorrow? Am I getting a separation agreement and will I have time to have my lawyer review it? That was my understanding of the process as Jim laid it out.
I still can’t believe the board didn’t want to hear anything from me and this all feels very sexist and power-oriented and unfair – especially that there was no attempt at corrective actions and no discussion of what has been done since last January – no facts or information, just assumptions.
I’m so disappointed in how this was handled and concerned it will destroy the organization and jeopardize our funding.
Pearl said:
Brenda – I can understand your sentiments. Again, we’re looking for a message as I stated below. As far as the separation letter/contract, I believe Michael is working on that piece and will be in touch and I remember Jim saying you’d have time to look that over. I recall from the meeting today that we hope to have the contract tomorrow and if so, 2PM would seem like a good time to give that but maybe another time is better. Again, it’s hard to set a time on that without the contract. The 2PM time was to let us know what your decision was but later this morning you told us that you were choosing the resigning option, with time to transition in a new ED. Therefore, you’ve already given us the answer (correct?) so the 2PM time limit no longer applies. What does, though, is that we’d like to get all staff on the same page with the knowledge before rumors go out or anything is leaked to the press.
We were thinking something like this: “In consultation with the Tenant Resource Center Board of Directors, I’ve decided to resign with a transition period to ensure a smooth transition to a new executive director. I know this will be extremely hard on many of you, but myself and the board are committed to fulfilling our obligations to staff, clients, and the mission of the Tenant Resource Center. The details of this transition will be evolving in the days and weeks ahead and we hope that we will pull together to continue the success of TRC.
Next week I’ll be continuing my daily responsibilities and hope for your continued support as well. Thank you everyone for your continued dedication and hard work for our clients and community.”Feel free to modify to your own wording.
I also believe the agreement was that we wanted your answer by 2PM tomorrow (but that has now been given) and then we wanted a message sent out to all the staff, as above/below. I understood the agreement was that if this is sent out by the end of today, you could go back and finish the work duties tomorrow, but only after something was sent out to the staff and board. This is to minimize conflicts with staff.
I responded:
I simply can’t agree to resign until I know the terms and I haven’t been given them yet. What I was saying is that I’m committed to help with a transition – whatever that means. If I walked out the door today it would be a disaster and I want to avoid that. That would be terrible – there’s too much not written down. I have not resigned yet.
My understanding is that an agreement will be presented to me and there may be some negotiation (Joanne mentioned consulting work or changing the end date, I’m guessing there may be other issues) and I want to work on that with you to help the organization and our clients.
Of course, I need to speak to my attorney and it seemed Jim said I would have “over the weekend” to do that and I may need a bit longer since she need the agreement before she meets with me and I doubt she works on the weekend. I’ve done the intake but they are still doing the conflicts check.
I don’t think anyone is planning on leaking anything to the press . . . but then again, I haven’t talked to anyone except Martha, Heidi (shes not my attorney) and Rob.
I don’t feel comfortable telling the staff I have resigned until I have actually done that until we’ve reached an agreement. I have no idea what you will present me with for a separation agreement. I simply don’t know what I’m being asked to agree to. I hope you understand that. I’m trying to signal that I want what is best for the organization more than anything. And I will work with you on that, but I can’t say I’ve resigned.
FRIDAY, OCTOBER 19th
It’s a little bit of a blur what happened during these two days, but . . . the office was closed again for the day. But I was allowed to come back to work.
Email communications
I did send this email at 10:30am to the board – letting them know the consequences of their actions:
A few things to know or questions that I have:.
1. Yesterday when I wasn’t allowed back on the property for the day, and not allowed to talk with staff, a couple things happened that need attention:
a. The rest of SJC bank loan was supposed to be signed
b. We didn’t make a deposit and the bank account is at -$5,000, plus more withdrawals today.2. My understanding is that xxx is not coming back (he was originally working through Monday and training the new DVR volunteer), xxx won’t work here unless I’m staying permanently (she is staying with xxxx) and xxx says he agreed to help before he knew what was going on and I don’t have a commitment from him to come back. Who is going to fill the role of office manager and work on the finances now? How do we stay compliant with our finance procedures of separation of duties to ensure we get a clean audit? And if xxx is staying, does he answer to the board or me? What is his role?
3. The door to xxx’s office is locked and none of us have a key. Am I prohibited from being in there? How are staff supposed to access their client files? And how do I deposit the checks that are in there?
4. No one is here today, the office is locked and dark. The SJC is locked as well. We are in violation of our city contract at this point by being closed two days. We typically notify them and the HSC is we are going to be closed. I’m not sure if there should be some communication that should go out.
5. We also were not on campus yesterday and in violation of that contract – both the ASM contract to work a certain number of hours per week and the SAC office policy, which requires us to be present a certain number of hours per week to maintain that office.
6.. I never heard back from Pearl about sending an email tot he staff. I’m not sure what I’m supposed to be communicating to them.
7. I never heard back about if we are meeting at 2:00 today.
8. I can’t say I’ve resigned without seeing the terms and I’m not fired, but I don’t know what my status is at this point. At least one staff member asked me if they report to me or the board at this point and I didn’t know what to tell them.
9. I’d prefer to work today if things need to get done and not on the weekend, since the staff is not here, is that ok?
And finally, my lawyer will want to speak with your lawyer. Could you give me their name and contact info to pass along to her? She wants whatever you have for me as soon as possible so she can review it. When will you expect me to have a signed document back to you – we need to know how urgent it is to set up a meeting.
Brenda
At 10:47 I sent this to the staff
TRC Strong!
So. the board anf I did not agree about what should be sent to the staff. This is what I believe is happening at this point, but they didn’t get back to me.
1. I have been asked to resign and sign a “separation agreement” that I have not seen, so I have not resigned.
2. They said if I didn’t sign the separation agreement I’m fired.
3. I have contacted a lawyer that will review whatever they present to me whenever they have it.
4. I am planning to make the “what if Brenda gets hit by a bus” file for several of you in case I’m abruptly removed as I strongly believe the work we do here must continue for the sake of our clients and because the work is so important.For now, I’m waiting to hear from the board and trying to make the best of a terrible situation. We may or may not be meeting at 2:00, I’m unclear. I plan to be at work on Monday and hope to have a team of people who will be by my side to weather this latest TRC storm. Thank you for the work you do and your dedication to the clients. I’m sorry that you all are being put through yet another stressful TRC moment and I’m hoping we can get through this together! I truly appreciate the support the staff has shown to me in this difficult time and apologize for all the uncertainty that you are facing. I believe the board knows that they need the staff to keep this place running and that your positions here are secure, if that is any comfort to you. Stay strong!
At 1:06 I got this email in response from Pearl – 54 minutes before the 2:00 deadline
Brenda – This is a reminder E-mail that the 2PM deadline you agreed to yesterday applies and that the board is still waiting on your decision to resign or the board will take other actions. You agreed yesterday in two meetings to resign and then we would present you with a separation contract. The contract would not be presented to you if you did not decide to resign. There would not be a meeting with you as we would be waiting for your answer. After telling us in person yesterday that you were resigning, you wrote to me and said you would not. The board will meet at 2PM today if we do not receive a resignation letter from you. If we do hear from you that there is a resignation, we can work out a time for the separation agreement.
In regards to your message, I’m very concerned that you agreed, in front of the staff, to send them an E-mail by the end of the day yesterday. Because you did not do so, the staff did not show up and therefore, it is still your responsibility to make sure we are fulfilling these grant requirements. Furthermore, the key issue seems also a lapse on your part due to the fact that you should already have a key to that office. As far as #6, Brenda, we had a series of E-mails in which I was clear on what we, as the board, were asking of you. I have forwarded the thread to the board.
I understand your concerns, but in the meetings we had with you and in your E-mails you said that you were committed to the organization and it’s functions. However, you have not shown this to be the case in the number of issues today already. We hope to hear back from you by 2PM.
Thank you,
Note: I never said I’d resign. I said I’d look at their separation agreement and consider it. Seriously, who would resign and not see the details of what they are agreeing to. I’m embarrassed a TRC trained housing counselor would think that is ok under any circumstances. We’d raise major red flags if a tenant was getting evicted and agreed to it and the landlord would just tell them later what amount they agreed to pay. That’s insane.
2:00 Deadline/”meeting”/Staff letter
I came back to the office at 2pm – expecting to see what the separation agreement was or to meet with the board – which is what Pearl said in her email less than an hour earlier. Instead, the staff were assembled and had written a letter in support and were talking to only two board members – Jim and Pearl. They had met at 9am that day can came up with this letter that I never saw until days later.
October 19, 2018
Board Members of the
Tenant Resource CenterDear Tenant Resource Center Board of Directors,
After the events of Thursday, October 18th, 2018, many Tenant Resource Center staff members met to
discuss our concerns with how the Board of Directors communicated with staff. Yesterday’s events had a profound emotional impact on many staff members. We depend on the Tenant Resource Center for our individual economic stability, but also to do work which we feel compelled to do.We understand that the Board is working to fulfill their duty to do good for this agency we love. We
understand that the Board is seeking to resolve long-term problems. However, we have many concerns about how the Board handled yesterday’s time with staff. These concerns include:
· The Board entered into our space with no advance communication or notice, creating a sense of
unpredictability and uncertainty.
· While the Board pledged to listen and care for the well-being of staff during the meeting, that sense of care was betrayed because a decision had already been made without taking into account all staff input.Board members informed staff members yesterday that our information was flawed, saying that we have the wrong narrative. We request to have more information about what is occurring. In the short term, we are concerned about the checks that are not going out today because of the instability of the Executive Director role, the seminars that need to be prepared for in the coming week, the clients that we are letting down, and the contracts that may be in jeopardy. We ask that the Board please update staff before further definitive action is taken. We seek to understand what the plan is before we are expected to live it out.
In the meeting on Thursday morning, we heard the Board’s concerns about both workload and also
treatment of staff by the Executive Director. We, as a staff, have our own set of concerns-namely, a lack of clarity regarding the sources of the Board’s information and the decisions that came out of that information. For example, we see that the Board has feedback from discharged employees, but we know that they have not sought not much information from current employees who are committed to staying.Overall, we take the Board’s concerns seriously. We have thoughts on how to resolve the problems that the Board has identified. We seek two things in particular:
– As expressed in the meeting, many staff members would welcome the opportunity to meet with
the Board individually to discuss the concerns that affect their work directly.
– We ask for the time and opportunity to draft a joint staff proposal for changes to our work
structure. We believe that we can offer solutions given our on-the-ground perspective.Our work is deeply important to us, and we hope for a future working environment where we can trust the Board to take care of these high-level issues. As one of our staff said this morning, we very much want our daily working lives to be structured so that we may focus on the 19 year old who is sex trafficked by her mom, instead of using our precious time and energy on these high level machinations.
However, for now, we would like the opportunity to work closely with the Board to draft clear policies that will guide the future operations of the agency, and to draft a proposal to address the immediate crisis. In working closely with the Board, we are committed to building trust and to begin moving forward in a joint effort to further the organization’s mission.
We very much want to depend on and trust the Board. We ask you to start this process immediately, by slowing down whatever action is occurring, and giving us the chance to give individual and group input. Please start to heal this breach by hearing our distress, insecurity and turmoil resulting from this process, and by taking immediate steps to incorporate our vision into future action.
Sincerely,
The undersigned, and other TRC staff members
They were completely ignored. At one point a key staff member just walked out because they weren’t being heard. The staff were very upset that the board tried to pretend they were getting input from the staff at the staff meeting AFTER they already made a decision. The staff kept asking for transparency and the board just didn’t care what they thought. The staff were pretty awesome at expressing their concerns for nearly 2 hours . . . eventually more left, it seemed things were just going in circles.
Meanwhile, I still didn’t have the separation agreement I was supposed to get at 2:00 and the board didn’t meet. It’s a pattern you’ll see throughout that the board says they will do one thing and then do another. And they’re terrible at communicating.
Separation Agreement
Here it is . . . it came with this message from Jim White at 4:25
Hi Brenda,
Here is the agreement we discussed. I have cc-ed the board and the attorney is Brian Pezza xxx-xxx-xxxx and also on the email. Please give us any revisions Monday as we need a signed copy by 9 am Tuesday morning.
I couldn’t get past the first line . . .
WHEREAS, Employee has been employed as the Employer’s Executive Director in an at-will capacity; and
Ahem, no, I’m not. (details in second post)
And, I’m not going to waive all my rights or agree to a gag order and they didn’t give me enough time to consider this and what about my 44 days of paid time off? Essentially, there was no incentive to sign anything and it all worked to my detriment.
And, I’m still not clear why I’m being fired. What did I do? And why was there no corrective actions taken?
More communications to staff
Jim also sent this message to the staff at 5:02
Future Structure and Timeline of TRC
Dear TRC Staff,
We want to thank all of the staff for all you do, for meeting with the board, and the letter we received. For those seeing this E-mail for the first time, the board has decided that a new directional approach is needed for TRC. While the specifics of that transition are still being worked out, we will be moving ahead in looking for a new executive director. We’re really sorry for the lapse in communication as we stated in the meeting today. We will take steps to ensure that does not happen in the future. In the letter to the board, a concern was that you would like more information and we also hoped that would have happened starting yesterday. We feel that each and every one of you are TRC, not just the Executive Director. You all play a vital role on what sews this organization together and what make it so great.
In summary, to answer some of your questions, xxx is still employed at TRC. xxx is going to be working with the treasurer, Joanne, on the finances and have some part in the vacant office manager position. Brenda is still the executive director and has agreed to fulfill her work obligations. A timeline on those obligations and any transition moving forward should hopefully be decided by Tuesday evening. The board will be meeting Tuesday evening and we hope to correspond with more details by Wednesday. Moving forward, we hope that you will continue with TRC’s mission and all you do for the community. We welcome your comments on what sort of leadership you are looking for in the future. The board is here to support you in any way we can. You can direct information to individual board members or as we talked about in the meeting today, directing information to Jim, Pearl, and Joanne for financial matters may be best to cut down on any communication lapses.
Thank you again. You’re all amazing!!
TRC Board of Directors
MONDAY, OCTOBER 22nd
I met with my attorney Monday morning, we agreed there was no incentive to sign their agreement and started working on a counter offer.
Meanwhile – what I could and could not do while remaining the Executive Director kept changing depending upon what board member I talked to. Some said I was still Executive Director with all responsibilities – others seemed to want to limit my power. They hired a staff person – which they don’t have the authority to do – its against TRCs policies. And when it came time to signing the pay authorization for that person they didn’t know what to do – because the board hadn’t officially voted on it yet and I wasn’t going to sign it cuz I didn’t hire the person and knew no details (hours, rate of pay, etc). Jim couldn’t answer any of those questions. I felt really uncomfortable supervising someone they hired, so Jim agreed the Board would do it. They said I couldn’t make any commitments on behalf of the organization – but I could still keep writing checks and sign the bank loan for increasing the line of credit. They told me I had to follow the 2006 finance policies (that were recinded) – but that I could still sign the checks for the housing crisis fund without a second signature if they were over $500. They said that they had to approve all contracts, including renewals. It was chaos, nothing seemed to make any sense. The staff didn’t know who to answer to, we all just missed two days of work abruptly – the staff they hired was confusing for everyone and we didn’t know what that person’s role was. Plus – the person they hired forgot to tell them they would be gone for 5 of the next 7 workdays. And the program director had a pre-arranged trip out of state – so I was trying to do the job of the office manager, finance person, program director, myself and deal with the chaos they were creating after missing 2 days of work. Meanwhile we were finishing up seminars and planning for the fundraiser and trying to make everything keep happening.
TUESDAY, OCTOBER 23rd
We made this counter offer
In light of the just cause protections attached to Ms. Konkel’s employment, as well as what would be best for the organization, we write to propose an alternative to the Board’s. Specifically, we propose that the parties take the next two weeks to define an agreed-upon set of expectations that Ms. Konkel and the Board will meet over the following six months. With respect to Ms. Konkel, these expectations would include performance expectations and measurables, orgaruzational/Board support to be provided in furtherance of these expectations, regular meetings to review status on these expectations, and clearly defined lines of communication and authority (with respect to stafl Board, Ms. Konkel). With respect to the Board, these expectations would include membership filling the vacant Board positions and then a Board member orientation and retreat, in which Ms. Konkel would take an active participant role as TRC’s Executive Director. At the orientation and retreaf Board members would (among other things) learn about TRC history, current contract requirements and current budgef assess the organizattott’s needs, and engage in strategic planning and goal setting for the next few years. At the end of six months, the parties will assess Ms. Konkel’s continued employment.
If at the end of the six-month period Ms. Konkel has not met the Board’s reasonable expectations, it will pay her a severance of five months’ salary and benefits, provide an agreed upon letter of reference, and pay out her accrued and unused vacation (currentþ approximately 44 days). In exchange, Ms. Konkel will be available during the five-month period following separation for up to 3 hours/week of transition assistance, and she will release TRC and its Board members from all claims. If at the end of the six-month period the parties wish Ms. Konkel to remain with TRC, the parties will enter into a one-year renewable contract of employmenf terminable by TRC only for just cause (to be more narrowly defined than current TRC policy) or with a severance package like that described above.
WEDNESDAY, OCTOBER 24th
The board met on Tuesday night and Jim White came to speak with me and sent this email:
The board directs the executive director to reach reach out to contracting agents changing the name on all unsigned contracts to the Board President as mandated by and confirming with 1999 Policy 15.05 Approval of Grants and Contracts.
The board directs the executive director to ask for 2 sets of keys both for the office and for the building.
The board directs the executive director to compile a list of all systems that are needed for compliance and disbursements that require approval. List the people currently with training and access to these systems, and in the case of only one person so authorized and trained identifying a second person who should be trained to perform that role. We require this list by end of day Friday October 26th, 2018.
Jim White
Authorized to convey this information on behalf of the TRC Board in this manner
I documented our conversation as follows:
Dear Jim,
In addition to the directives of the Board in this email, during our meeting today, as the spokesperson for the TRC board, you provided direction as to what I and the board are to do on certain things going forward. To be sure there is no confusion, you indicated:
– I cannot sign any contracts on behalf of TRC, but all other aspects of my job as the Executive Director remain the same. You do not consider signing checks and other documents as being restricted, just the contracts.
– A board member will attend regular staff meetings, and at the beginning of each meeting answer staff questions, it will be either you or Pearl.
– Board members will meet with individuals if requested but only to listen, not to answer questions – Pearl sent a separate email on this and staff should contact board members if interested.
– I should be careful with use of the line of credit.
– I am to start the hiring process for an office manager; xxx is just temporary; the board wants to be involved in the hiring. You indicated your belief that this involvement is called for under the 1999 bylaws. You suggested that I also post on Indeed and other places since your generation no longer uses Craigslist.
– I should find the minutes and policy and bylaws revisions that I believe have happened since 1999 and send them to the board. There is currently no single place these documents are being kept.
– You need a copy of the SJC by-laws and a board member will be asked to fill the second seat on the SJC Board of Directors. Our next meeting is 3 – 5 on Friday where we will be discussing rent structure and future structure of the SJC board. Regular meetings are the third Thursday – the start time varies between 5 and 6.
– The board will be speaking through yourself or Pearl.
– When I asked for minutes of the board meetings I was unaware of, you said they would all be approved on Sunday.If I have misunderstood any of your direction, or you have any revisions, please let me know in writing ASAP.
Jim then clarified
The only information that was a directive was what was put into my email earlier. All other information was a suggestion not a directive, which exactly what I told you earlier.
You should though follow all policies in the bylaws.
I don’t believe the staff ever got an email the Jim had previously promised he would send on Wednesday. But I didn’t get all their communications with staff, so I’m uncertain. I also never got the minutes from the secret board meetings – at one point I was told there were problems with them . . . and they were being revised. (One of the two board meetings I attended we spent an entire hour correcting the minutes – and 5 minutes passing the revised budget.)
FRIDAY, OCTOBER 26th
They declined the counter offer on Friday the 26th – their attorney sent the message at 12:25.
TRC declines the offer in your letter from Tuesday and will not respond by offering a severance package. If Ms. Konkel has anything that she wishes the Board to consider, please let me know at your earliest convenience.
My attorney asked this question
Thank you, Brian. You were unsure if the Board would be holding a meeting Sunday to decide whether or not to terminate Ms. Konkel. Can you provide any certainty over the timing of consideration of that question?
No response.
I sent them the 5 page memo documenting what they asked and completed their directives by their time line. Around 5:30 I went home because I had plants and bulbs that were sitting in my office and needed to get in the ground and it had been pretty stressful and that sounded like a good thing to do at the moment.
PART 2
Sorry, that’s as succinct as I could be! And note, this is all about personnel issues at this point – or so it seems. This makes it look like the Isthmus article got it right. But . . . as you know, Friday night’s news says it was all about finances. So, buckle up – everything you’ve just read is about to change . . . . see here for part 2, Eventually there will be a part 3.
This is a three part series, here’s the links to the other parts if needed
Part 1 – documentation from when I first was asked to resign up to the point I was fired (8 days)
Part 2 – documentation from when I got fired to the official response denying the appeal (Oct 26 – Nov 23rd)
Part 3 – The press release and more
