Meeting Minutes - LANC Board of Directors
July 26, 2002
(Orientation Meeting)
Site/Location: Ramada Inn Blue Ridge/Raleigh, NC
Opening and Welcome
Pender McElroy called the meeting to order at 9:10 a.m. He welcomed the board
members and provided an update on Transition Board activities. The Transition
Board completed its work as of June 30, 2002. Mr. McElroy expressed appreciation
to all the Transition Board members and to staff for their dedication and fine
work. Mr. McElroy commented about the important responsibilities of a Legal Aid
board member and the challenges ahead for legal services programs.
George R. Hausen, Jr. gave a brief welcome and an overview of the agenda
topics. He introduced Patricia Pap, Executive Director of Management Information
Exchange, as the facilitator for the orientation. Ms. Pap welcomed the board to
their first orientation meeting. She asked the members to introduce themselves
and share some brief personal history.
Members Present:
|
Reid "Cal" Adams |
Willie Dawson |
Pender McElroy |
|
Leo L. Allison |
Richard E. Fay |
Pearl Nealey |
|
Glenn A. Barfield |
Mary Flowers |
Rhonda Shepherd |
|
Susan Cole |
L. Lynnette Fuller-Andrews |
Laura Shofner |
|
Leto Copeley |
Hada V. Haulsee |
Bonnie Tatum |
|
Burton Craige |
Allen Johnson |
John H. Vernon, III |
|
Sarah Davis |
Scott Lewis |
Charles "CR" Ward |
|
|
Willis Williams |
Members Absent With Prior Notification:
|
David D. Daggett |
James B. Maxwell |
|
Allyson K. Duncan |
Frank G. Queen |
Administrative Office Staff Present:
Chris Marks, Assistant Director, Administration & Finance
Bernetta Johnsson, Finance Director
Dock Kornegay, Manager, Public Relations & Development
Celia Pistolis, Assistant Director, Advocacy & Compliance
Melinda C. Smith, Human Resources Manager
Paula Spence, Office Manager
Other Staff Present:
Lewis Pitts, Senior Managing Attorney, Advocates for Children Services,
Raleigh
Gina Reyman, Senior Managing Attorney, Durham & Hillsborough Offices
Millie Rogers, Administrative Assistant, Pembroke office
Delsie Williams, Client Council Member
Mission and Vision
Mr. Hausen stated that the mission of Legal Aid of North Carolina is to serve
clients--to provide quality services to eligible clients in the state of North
Carolina. Legal Aid offices currently serve clients in all 100 counties in the
state of North Carolina. Legal Aid houses 25 offices with approximately 225
staff members, approximately 100 of whom are attorneys. In 2001, 16,000 eligible
clients received legal assistance. Legal Aid’s goal in 2002 is to serve more
than 16,000 clients. There are approximately 1.2 million eligible clients in the
state of North Carolina, with one lawyer for every 15,000 eligible client. There
are five regions and 25 offices, Northeast: Ahoskie, Greenville, Goldsboro, New
Bern, Rocky Mount, and Wilson. Southeast: Fayetteville, Pembroke, and
Wilmington. Triangle: Durham, Hillsborough, Raleigh, Sanford, and Smithfield.
Triad: Greensboro, Lexington and Winston-Salem. West: Asheville, Boone,
Charlotte, Concord, Gastonia, Monroe, Morganton, and Sylva.
Mr. Hausen stated that budgets would be established through the regional
structure. The Legal Aid board will set priorities for the Legal Aid offices,
and local communities will establish local case acceptance priorities. The local
offices will be responsible for those needs in their communities. Legal Aid will
build the capacity all over the state to serve the needs of each eligible client
who seeks services. Each Legal Aid office will have a client-friendly intake
system that will assist all eligible clients seeking legal assistance.
Celia Pistolis gave a brief overview of the intake system, describing how a
client would apply for services. Ms. Pistolis reported on the administrative
functions and responsibilities related to compliance. She stated that community
education and outreach, private attorney involvement, and the Volunteer Lawyers
Program are essential to providing assistance to eligible clients. She also
stated that training is necessary to ensure that clients receive proper
assistance. Staff receives legal and professional training as part of the
various task force groups that meet three times annually. The task forces are
Public Benefits, Employment, Education, Family, Consumer, Housing, CED
(Community Economic Development), and Support Staff. Also, she discussed the
importance of fundraising.
Mr. Hausen explained the organizational structure of Legal Aid by using the
organizational chart in the board orientation notebook. This management
structure will ensure that the organization focuses on providing service to
clients with properly trained staff. Mr. Hausen also reported that there are
four special provider groups directly working with Legal Aid of North Carolina:
Advocates for Children Services, the Domestic Violence Initiative, the
Environmental Poverty Law Project, and the Farmworker Unit. He further explained
the role and responsibilities of the North Carolina Clients Council in the
organizational structure.
Pender McElroy tabled a discussion regarding diversity of the senior staff at
the Administrative Office and this matter will be discussed at the next board
meeting.
Financial Status of Legal Aid of North Carolina
Chris Marks reported on the financial status of Legal Aid of North Carolina.
He explained roles and responsibilities of the financial staff in coordinating
and managing 18 different budgets. He stated that the financial transition of
the four programs into Legal Aid has been very successful due to local
administrative staff and the administrative office staff. Mr. Marks discussed
the state of financial operations, including revenue, funding sources, operating
budgets, financial challenges and opportunities, and fundraising efforts for the
organization. He explained to the board that one of their responsibilities is to
review and approve an annual budget and an annual audit.
Responsibilities of Non-profit Boards
Patricia Pap explained the duties and responsibilities of a non-profit board
member. She discussed how the board does much of its works in committees as well
as in full board meetings. Committees of the board can include an Executive
Committee, Nominating Committee, Audit Committee, Client Grievance Committee, Ad
Hoc Committees, and other standing committees. Board member participation
includes attending meetings, providing leadership, reviewing materials presented
prior to a scheduled meeting, and recruiting and orienting new board members.
She further explained that board members must understand the services provided
by Legal Aid and the importance of setting goals for the organization. Also,
members must be knowledgeable about Legal Services Corporation Regulations
covering governing bodies and their appointments, functions and compensation.
These Regulations set out requirements for the day-to-day operations of the
organization, such as appeals on behalf of clients, use of non-LSC funds,
transfer of LSC funds and program integrity, priorities, client grievance
procedure, eligibility, and private attorney involvement. The board is
responsible for adopting policies and procedures to ensure compliance with these
Regulations. Following Ms. Pap’s presentation, board members divided themselves
into smaller groups to address questions relating to board development and
planning.
Legal Aid of North Carolina Business Meeting
Pender McElroy called the business meeting to order. He stated that the
Transition Board appointed a Nominating Committee with Rick Fay designated as
the chair of that committee. Mr. McElroy recognized Mr. Fay to give the report
of the Nominating Committee.
Formation of Board Standing Committees
Mr. Fay reported that the other members of the Nominating committee are David
Daggett, Rhonda Shepherd, Allen Johnson, and Burton Craige. The committee’s
charge was to propose nominees for the four officers required by the Bylaws as
well as two at-large Executive Committee members. The Nominating Committee
unanimously recommended the following slate of officers for the Board to
consider for approval: Pender McElroy, Chairman; Leo Allison, Vice Chairman; Jim
Maxwell, Treasurer; and Cal Adams Secretary. The two at-large Executive
Committee members recommended are: Lynnette Fuller-Andrews and Charles R. Ward.
Mr. Fay noted that the Nominating Committee was also charged with assigning
specific directors to the three classes as set forth in the bylaws. The
Nominating Committee determined these assignments in alphabetical order, by last
name. The recommendations and the report of the Nominating Committee are
attached to the minutes.
Mr. Fay reported that Mr. Farruk Ikbal has given notice that he will not serve
on the board, therefore, leaving a seat available for replacement under the
Class C section. The North Carolina Bar Association will recommend a replacement
for the vacant seat.
Mr. Fay reported that the Nominating Committee recommended the establishment
of a permanent standing committee that would coordinate the restricted services
provided by Legal Aid with unrestricted programs located in Charlotte and
Winston-Salem to ensure that clients would have a full range of services
available. This Unrestricted Program Committee is to be chaired by Glenn
Barfield and will also promote the creation of unrestricted legal service
delivery programs in eastern North Carolina.
Following discussion, upon motion duly made and seconded, the nominated
officers and at-large members of the Executive Committee were UNANIMOUSLY
ELECTED and the board UNANIMOUSLY ADOPTED the recommendation with respect to the
Unrestricted Program Committee.
The Board discussed the coordination of an Unrestricted Program Committee.
Glenn Barfield suggested that as chair of the Unrestricted Program Committee, he
also should serve as a member of the Planning Council. Following discussion, a
motion was made to amend the previous motion regarding unrestricted programs.
Chairman McElroy amended the motion to include all unrestricted programs in the
state of North Carolina and to designate Glenn Barfield as the representative of
the Legal Aid Board of Directors to the planning council. It was moved, duly
seconded and UNANIMOUSLY RESOLVED to accept the amended motion.
Chairman McElroy directed the board’s attention to the formation of the
Board’s Standing Committees. He stated that an Executive Committee would be
composed of the officers and two at-large members. That committee will consist
of the following: Pender McElroy, Chair; Leo Allison, Jim Maxwell, Cal Adams,
Lynnette Fuller-Andrews, and Charles R. Ward. Chairman McElroy further stated
that the Nominating Committee is in place and recommended that the Nominating
Committee with its current members continue to serve.
Chairman McElroy reported that the Personnel Committee has been appointed.
That committee is composed of the following members: Cal Adams, Chair; Leo
Allison, Lynnette Fuller-Andrews, Glenn Barfield, Jim Maxwell, Pender McElroy,
and Laura Shofner. The staff representative to serve on that committee is Cindy
Patten, the managing attorney in the Charlotte office.
In accordance with the Bylaws, Chairman McElroy recommended the following
standing committees be created: Finance, Operations, Grievance, Board
Development, and Strategic Planning. Following discussion it was moved, duly
seconded and RESOLVED to establish those standing committees as recommended.
Chairman McElroy will appoint members to the various committees and requested
that the board members notify him regarding any preferences to serve on a
specific committee. After those appointments, he directed each committee to
present its charge for board approval at the next meeting.
Glenn Barfield requested that part of the charge of the Unrestricted Programs
Committee be to develop statewide private attorney involvement. Chairman McElroy
encouraged Mr. Barfield to present that item as part of his committee’s charge
at the next meeting.
Also, Chairman McElroy suggested that prior to the next board meeting, client
board members meet with the Executive Committee and Mr. Hausen to address the
need for a Client Committee as a separate board standing committee. Chairman
McElroy suggested that the client group present their recommendation regarding
this issue at the next meeting.
Approval of United Way Statement of Non-discrimination
George Hausen presented the United Way Grant Application and Statement of
Non-discrimination. Mr. Hausen asked the board for approval of the grant
application and policy. Following discussion, it was moved, duly seconded and
UNANIMOUSLY RESOLVED to accept the application and policy as presented. Copies
of that grant application and policy are attached to these minutes.
Approval of Legal Aid of North Carolina Statement of Non-discrimination
George Hausen presented the
Statement of Policy of Non-Discrimination for approval. Following
discussion, it was moved duly seconded and UNANIMOUSLY RESOLVED to accept the
policy with one correction to delete the word "other" in the third line. A copy
of the accepted policy is attached to these minutes.
Matters of Referral to Committees
George Hausen presented the Refinancing Existing Mortgages and Financing
Technology Implementation for approval. Following discussion, the Board agreed
to refer this document to the Executive Committee for approval.
The Personnel Committee will review the personnel policies and present its
recommendations to the Board at the next meeting.
Future Meetings
Chairman McElroy presented a proposed schedule of future meeting dates and
locations for board approval. The meeting schedule is as follows: October 11,
2002 in Charlotte; December 13, 2002 in Durham; February 14, 2003 in Goldsboro;
JUNE 20, 2003 in Asheville; September 12, 2003 in Lumberton; December 12, 2003
in Raleigh; February 13, 2004 in Winston-Salem; June 18, 2004 in Fayetteville;
September 17, 2004 in New Bern and December 13, 2004 in Hillsborough. Following
discussion, it was moved, duly seconded and UNANIMOUSLY RESOLVED to accept the
dates as presented.
Chairman McElroy informed the board that the bylaws state that election of
officers is to occur in May of each year. He proposed a bylaws change that this
election take place in June of each year and the board agreed to review that
proposed change at its next meeting.
Other Business
Mr. Hausen reported that a federal case, Dobbins v. LSC 01 CIV 8371 (E.D.
NY) has been filed challenging the legality of the LSC regulations on program
integrity( 1610 restrictions). These restrictions require that Legal Aid must
keep its operations separate from other unrestricted organizations, resulting in
duplication of equipment and staff so that greater costs are incurred. Legal Aid
has joined other legal services organizations around the country and signed on
as an Amicus in the Dobbin brief seeking to have these restrictions overturned.
Legal Aid staff supports the stand of the organization against these
restrictions Mr. Hausen further reported that the Legal Services Corporation has
notified Legal Aid Of North Carolina of a planned visit to ensure compliance of
regulation 1610.
There being no further business to come before the board, the meeting was
adjourned at 3:36 p.m.
Respectfully submitted,
_________________________________
Reid C. Adams, Secretary
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Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.