Meeting Minutes - LANC Board of Directors
February 25, 2005
Site/Location: Clarion Prince Charles Hotel,
450 Hay Street,
Fayetteville, NC
Call to Order and Welcome
Leo Allison, Chair of the Board of Directors, called the meeting to order
at 9:35 a.m. and welcomed all in attendance.
Members Present:
|
Leo L. Allison |
Allen Johnson |
Rhonda Shepherd |
|
Michael Colombo |
Scott Lewis |
Saketta Spivey |
|
Leto Copeley |
Jim Maxwell |
John Vernon |
|
Burton Craige |
Pender McElroy |
Charles Ward |
|
Willie Dawson |
Pearl Nealey |
Willis Williams |
|
Mary Flowers |
Frank Queen |
|
|
Olga Gomez |
Robert Riddle |
|
Members Absent With Prior Notification:
|
Reid C. Adams |
Sarah Davis |
Ray Owens |
|
Glenn Barfield |
Richard Fay |
L. Lynnette Fuller-Andrews |
|
David Daggett |
Hada V. Haulsee |
|
Administrative Office Staff:
Ted Fillette, Deputy Director
George R. Hausen, Jr., LANC Executive Director
Dock Kornegay, Director, Public Relations & Communications
Chris Marks, Assistant Director of Finance & Administration
Celia Pistolis, Assistant Director of Advocacy and Compliance
Tonya Pruitt-Lyons, Administrative Assistant
Paula Spence, Office Manager
LANC Staff Members:
Mary Lee Hall, Senior Managing Attorney, Farmworker Unit
Mary Hedgepeth, Clients Council Coordinator
Richard Klein, LANC Wilmington, Regional Manager/Senior Managing Attorney
Mollie Schweppe, Paralegal, Farmworker Unit
LANC Affiliated Attendees:
Michelle Cofield,
NC Bar
Association
Sharon Greig, NC Clients Council
Nellie Kearney, NC Clients Council
Joan Jones, retired/former Office Manager, Farmworker Unit
Evelyn Pursley, Executive Director,
IOLTA
Sanford Locklear, Local Advisory Council Member – Pembroke office
Helen Cook, Local Advisory Council,Fayetteville Office
Bill Rowe, NC Justice
Center
Approval of Minutes
Chairman Allison directed the Board’s attention to the Board of Directors
general business meeting minutes of December 10, 2004.
Following review and discussion of the minutes, a motion was made, duly
seconded, and UNANIMOUSLY RESOLVED to approve the minutes as written.
Local Program Reports
Chairman Allison recognized Mary Lee Hall, Senior Managing Attorney of
the Farmworker Unit.
Ms. Hall gave a detailed power point presentation about farm workers and the
case of
Acosta et al v. Beasley et al. This case was about nine farmworkers who
had their work contracts breached by the growers for whom they worked and the NC
Growers Association, who had recruited them for the work.
Legislative Efforts/NC Budget Issues
Bill Rowe, General Counsel for the
NC Justice Center,
provided an overview of the current legislative session. He reported that
a budgetary shortfall of 3.1 billion was expected and that the state cannot
continue to use “one time money” to pay for ongoing needs. The Legislature will
look at taxes to raise revenue, such as increasing the tax on cigarettes, phone
service, liquor and candy. The legislators will face various housing matters
affecting homeownership, rentals, manufactured and migrant housing as well as to
pay day lending and increases in education. There will be a request to increase
the dedicated funding fee for LANC.
President’s Report
George Hausen presented statistics showing the number of cases closed by
LANC staff in 2004, showing that LANC advocates are going to court on more
cases than other legal services nationally. LANC is placing a greater emphasis
on doing impact work, and the 2005 statistics will reflect that effort.
The practice group model was designed to use staff resources more efficiently
and effectively when addressing client needs in the areas such as Housing,
Consumer, CED, and Education.
Mr. Hausen reported that the
Mortgage Foreclosure Project,
MFP, is an example of how the practice group model functions. The MFP is
part of the Consumer Practice Group and advocates all over the state use our
case management system and conference calls to represent clients primarily in
eastern North Carolina. The project funded by Z. Smith Reynolds, has
accepted approximately 100 consumer cases and saved over $4,000,000 in equity in
foreclosure cases.
Mr. Hausen recognized Celia Pistolis to give a brief overview regarding the
Home Pilot Protection Project. The Legislature awarded the NC Housing Finance
Agency $1.5 million to provide short term loans to unemployed workers facing
foreclosures. This effort has been limited to eight counties and the Housing
Finance Agency has provided a grant to LANC to serve clients facing foreclosures
in Edgecombe, Cumberland, Cleveland, and Guilford counties.
Mr. Hausen reported that the legislature has established dedicated funding for
domestic violence cases. This additional funding will enable LANC to hire 10
new attorneys to begin work in specific LANC offices by the end of March
of 2005. The award will cover salaries, overhead, travel and community
outreach.
Mr. Hausen recognized Ted Fillette to address the board regarding the
Alston & Bird Resolution found on page 12 of the board book. The
Resolution recognizes that the Charlotte law firm of Alston & Bird has made
extraordinary contributions to LANC by providing pro bono services to our
clients and by donating financial resources to the Charlotte Office of LANC, to
fund a paralegal. Following discussion, it was moved, duly seconded and
UNAMANIOUSLY RESOLVED to adopt the resolution as presented.
Mr. Hausen reported that a fellowship has been created and named the Samuel
J. Ervin, III Fellowship to be given to a candidate to work in the Morganton
office in the Fall of 2005. LANC is funding the fellowship currently, but
there will be efforts to secure additional outside funding.
Mr. Hausen further reported that LANC in conjunction with the Raleigh Fair
Housing Hearing Board, the NC Justice Center, and the NC Academy of Trial
Lawyers is sponsoring a Fair Housing CLE at the end of April. The City of
Raleigh is the major sponsor and persons can attend the workshop for free.
Mr. Hausen directed the Board’s attention to a letter from LSC requiring
LANC to develop a policy to address serving those clients with limited English
proficiency. Olga Gomez and Scott Lewis volunteered, and Chairman Allison
appointed Hada Haulsee to work on the subcommittee to develop an appropriate
policy. Mr. Hausen asked that the subcommittee complete its work and recommend
a policy to the Board by the end of the year.
Local Program Report
Dale Deese, Senior Managing Attorney in the
Pembroke and
Fayetteville offices, reported on the activities in the
Pembroke/Fayetteville offices. Mr. Deese reported activities involving
community economic development and continued efforts for the Lumbees to receive
federal funding that would significantly impact the local economy.
LSNC Report
Chairman Allison recognized Frank Queen to give the Legal Services of
North Carolina (LSNC) report. Mr. Queen reported that LSNC continues to
exist and the North Carolina Bar Association recently appointed new members to
serve as its Board of Directors. Mr. Queen reported that the newly
appointed Board will meet in the near future and establish new bylaws and a
mission.
Clients Council Report
Chairman Allison recognized Allen Johnson to give the Client’s Council
report. Mr. Johnson reported the Clients Council is developing a resource
manual, and is in the process of recruiting more client representatives to sit
on the local advisory boards. The LANC Clients’ Council has agreed to sponsor a
leadership conference for the Southeast Regional Clients’ Council scheduled to
be held in late March or early April.
Mr. Johnson reported that the Clients Council gave the Executive Committee the
authority to appoint on a interim basis a client representative to fill the
board vacancy in the Triangle Region, and to fill the unexpired term of Susan
Cole. He stated that the Client Affairs Committee will report on that
issue.
IOLTA Report
Chairman Allison recognized Evelyn Pursley, Executive Director of the
IOLTA Program, to give an update on IOLTA. For the 2005 grants, IOLTA used
its reserve funds to award grants at the same level as 2004. National Banks are
not increasing interest rates on these accounts and community banks are being
approached about increasing rates. Ms. Pursley reported that the NC State
Bar has directed the IOLTA program to administer the state funds allocated to
LANC for general support and domestic violence work. This new
responsibility will begin in October.
Chairman Allison expressed his deep appreciation on behalf of the LANC Board
for IOLTA’s continued support of Legal Aid of North Carolina.
Client Eligibility Ad Hoc Committee
Chairman Allison recognized Pender McElroy to give the Client Eligibility
Ad Hoc Committee report. Mr. McElroy reported that the committee
recommends a confidentiality policy for
Client Board Member Eligibility to the LANC Board indicating that client
board members will have the option of being screened by the Regional Manager at
the local level or by the Assistant Director of Advocacy and Compliance at the
Administrative Office. Following discussion, it was moved duly seconded
and UNAMAMIOUSLY RESOLVED to adopt the policy as presented.
A copy of the proposed policy is attached to these minutes.
Mr. McElroy referred the Board’s attention to two documents describing the
Client Election Process and asked the board to ratify the proposed
process. Following discussion, it was moved, duly seconded and
UNAMANIMOUSLY RESOLVED to accept the client election process as presented.
A copy of the proposed process for client election is attached to these minutes.
Mr. McElroy further reported that the Client Eligibility Ad Hoc Committee was
charged to address the relationships between the client members of the board and
the attorney members of the board. The Chair had appointed Glenn Barfield,
Hazel Mack-Hilliard, Vilma Suarez, and Willis Williams to design and implement
a process to ensure that communication between board members are sensitive and
respectful. This process will begin with the June meeting and be ongoing to
allow the Board to create a better cultural atmosphere among board members who
are devoted to the mission of LANC.
Committee Reports
Nominating Committee:
Chairman Allison recognized George Hausen to give the Nominating Committee
report. Mr. Hausen reported that the Nominating Committee will be
sending out letters to members whose terms are expiring in June and to the
organizations that they represent. Mr. Hausen further reported that the
Nominating Committee is recommending that the Clients’ Council be directed to
recommend names for interim appointments to fill the two client vacancies from
the Triad and Triangle Regions. The interim appointment for the Triad Client
representative to fill Susan Cole’s vacancy would be for one year.
Elections for the Triangle Client Representative will take place no later than
90 days from this meeting. Following discussion, it was moved, duly
seconded and UNANIMOUSLY RESOLVED to accept the process for filling the two
positions currently vacant on the LANC Board.
Client Affairs Committee:
Chairman Allison recognized Pearl Nealey to give the Client Affairs report.
Ms. Nealey reported that the Client Affairs committee met and discussed the
issue of the Asheville Office intake being handled by the Boone office. She
further stated that the Asheville staff has been increased. A full-time
paralegal and a part-time administrative staff person has been added. A
hotline for the elderly has been designed, and an ad hoc committee will be
appointed to serve as the local advisory committee for that project.
Ms. Nealey reported that a 800 number will be installed in the Clients Council
office, and in the Administrative Offices for client use. A client board
training is scheduled for April at the Administrative Office.
Ms. Nealey stated that the Client Affairs Committee would like to recommend
Nellie Kearney as interim representative to fill the vacancy in the Triangle
region. Ms. Nealey stated that a name is forthcoming to fill the Triad’s
vacant position. Chairman Allison asked the board to approve the
selection of Ms. Kearney contingent upon the her being screened and meeting the
eligibility requirements. He stated that if Ms. Kearney passes the
screening, she will officially be placed on the board. Following
discussion, it was moved, duly seconded and UNANIMOUSLY RESOLVED to accept the
selection of Nellie Kearney to fill the Triangle vacancy, pending the
eligibility screening.
Finance Committee Report:
Chairman Allison recognized Leto Copeley to give the Finance Committee
Report. Ms. Copeley reported that the Finance Committee met and discussed
the 2005 budget. IOLTA funding which had been projected as being
drastically reduced was awarded to LANC at the same rate as the 2004 grant.
IOLTA did provide a $2,000 increase for the Clifton Everett Fellowship so that
the fellowship is consistent with the starting salary for a new attorney. The
Chair expressed the Board’s appreciation to IOLTA for its generosity in these
tight financial times. Following discussion, a motion was made, duly
seconded, and UNANIMOUSLY RESOLVED to approve and adopt the 2005 budget.
Personnel Committee Report:
Chairman Allison recognized Scott Lewis to give the report of the Personnel
Committee. Mr. Lewis reported that the Personnel committee met and
discussed the current status of the health benefits. The Health Committee,
which is comprised of LANC staff, met and discussed the health plan and the
increase in health premiums. As a result of LANC self insured status,
there was an overall savings in health costs that should be used to maintain the
current plan. In addition, LANC should become self insured for its dental plan.
The Personnel Committee echoed the recommendations of the Health Committee to
maintain the current health plan with no change in benefits and to review the
plan mid year to determine if any adjustments should be made as well as to self
insure the dental plan. Following discussion, a motion was made, duly
seconded, and UNANIMOUSLY RESOLVED to adopt the Personnel Committee
recommendations for the Health benefits plan.
Strategic Planning Committee Report:
Chairman Allison recognized George Hausen to give the Strategic Planning
Committee report in the absence of Glenn Barfield, the committee chair.
Mr. Hausen stated that the committee members are: Glenn Barfield, Chair,
Burton Craige, David Daggett, Willie Dawson, Rick Fay, Mary Flowers, Frank
Queen, Pearl Nealey, Willis Williams, Pender McElroy, and Leo Allison, Ex
Officio. Mr. Hausen stated that committee plans to schedule an in-person
meeting in March or April. He stated that the Strategic Planning Committee has
future plans to meet every other month.
Resource Development Committee:
Chairman Allison recognized John Vernon, Interim Chair, to give the Resource
Development Committee report. Mr. Vernon reported that the committee met
via telephone conference call and discussed the draft report submitted by Dennis
Dorgan. He stated that the final report is forthcoming. He further noted
that the committee addressed designing a legislative campaign, and discussions
continue regarding the possibility of restructuring the current Access to
Justice Campaign. However, there were no actions items to be presented to
the board at this meeting.
Operations Committee Report:
Chairman Allison recognized Allen Johnson to give the report of the
Operations Committee. Mr. Johnson directed the board’s attention to pages 27-32
in the board book, which includes four local advisory board reports from the
Ahoskie, Greensboro, Fayetteville and Pembroke, and the Sylva offices. He
stated that there were no action items to be presented to the board at this
time.
Grievance Committee Report:
Chairman Allison recognized Willie Dawson to give the Grievance Committee
report. Mr. Dawson reported that there are no grievances pending.
Adjournment
Chairman Allison adjourned the meeting at 2:15 p.m.
________________________________
Mary Flowers, Acting Secretary
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