Meeting Minutes - LANC Board of Directors
December 4, 2009

Site/Location:  NC Bar Center, Cary, NC

Call to Order and Welcome

Chair Lisa Morgan called the meeting to order at 10:45 a.m. and welcomed all in attendance.

Members Present

Glenn Barfield

Samuel Johnson

Kris Shepard

Thomas Berkau

Shirley Jones

Paul Shepard

Sue Perry Cole

Phillip Leigh

Jim Talley

Helen Cook

Lisa Morgan

Alice Tejada

Lee Crouch

Ray Owens

Diana Williams-Cotton

Celeste Harris

Alan Parry

Kyle Woosley

Members Absent With Prior Notification

Sharon Greig

Greg McDougal

Ellen Sheppard

Charles Holton

Dellarene Myers

Mary Ann Tally

Nellie Kearney

Eugene Pridgen

 

Approval of Minutes

Chair Morgan directed the Board’s attention to the Board of Directors general business meeting minutes of December 4, 2009.  Following review and discussion of the minutes, a motion was made, duly seconded, and the minutes were UNANIMOUSLY APPROVED, as written.

Chairman’s Report

Chair Morgan recognized Allan Head, Executive Director of the North Carolina Bar Association, who gave a warm welcome to the Board and provided a brief history of the relationship between the NC Bar Association and Legal Aid of North Carolina.

Chair Morgan encouraged all members of the Board to participate and donate to the Access to Justice Campaign, currently underway.

Evelyn Pursley, Executive Director of IOLTA, reported on the status of the program.   She stated that IOLTA has had its funds reduced as a result of low interest rates and the economy in general.  The situation has continued to the present and does not expect to improve anytime soon this year.  When reviewing grant requests for 2010, the IOLTA Board made some very difficult decisions, choosing not to fund any new programs in 2010.  Funding was reduced by approximately 20% to its remaining grantees.  Greater reductions were not necessary a that time because the Board dipped into its reserve.
 
Michelle Cofield, Director of Pro Bono Activities for the NC Bar Association, reported that 4ALL was very successful this year.  She thanked all participants who contributed adding a special thank you to Celia Pistolis, Assistant Director of Advocacy and Compliance for LANC, for providing the manual that the attorneys used during the campaign.
 
Jennifer Lechner, Executive Director of the NC Equal Justice Commission, was recognized to report on the Commission's activities.  The purpose of the Commission is to coordinate the delivery of legal services and policy issues around the state.  The Commission members are actively participating in various committees including, fundraising from the community and pro bono initiatives to increase participation with the larger law firms.

Chair Morgan announced the passing of Willie Dawson, the founder and Executive Director of Pamlico Sound Legal Services and a recent member of the LANC Board of Directors.  She recognized George Hausen who recommended that the LANC Board adopt the resolution shown on Page 9 of the board book.  Following discussion it was moved duly seconded and UNANIMOUSLY RESOLVED to adopt the resolution recognizing the significant contributions that Willie Dawson made to the Legal Services community and low income persons in North Carolina.  Mr. Hausen announced that a fellowship to be named in honor of Willie was being considered for the New Bern office.
 
Chair Morgan recognized Bill Rowe from the NC Justice Center, to give a legislative report.  Mr. Rowe reported that the legislative short session is scheduled to start in May and the General Assembly will face significant challenges about how to fund even basic programs due to a lack of money in the state budget.  In spite of that, there will be efforts to address increased funding for legal services specially in the area of foreclosure prevention.  The NC Justice Center will focus on the following legislative issues: enacting an appointment of counsel in civil cases, adding more consumer protections amending NC Annexation Laws for low wealth communities, expanding reentry for people with criminal records, and increasing job opportunities in our state.

President Report

George Hausen, Executive Director of LANC, presented a summary including 2009 case data and outcomes that showed LANC is improving the lives of its clients.  As part of his report, he asked LANC staff to report on technology and two statewide projects, Advocates for Children Services and Mortgage Foreclosure Project.

Mark Arnold, LANC’s Director of Information Technology, discussed LANC's current technology systems and its efforts to expand these systems in order to improve the firm's efficiencies. His visual presentation provided useful information to the Board.

Lewis Pitts, Director of Advocates for Children’s Services, reported that his small staff was providing legal representation to children facing education, benefits and foster care placement issues.  In addition to its ongoing cases, ACS is co-counseling two school suspension cases from Beaufort County with the Education Clinic at Duke Law School.  These cases were recently argued before the NC Supreme Court on the issue of whether a suspended student can be completely denied her fundamental right to education without the school system providing a compelling reasons to do so.  The court is expected to issue its ruling on these cases sometime in 2010.

Hazel Mack, Regional Manager of the Triad and Consumer Practice Group Manager, reported on the mortgage foreclosure crisis that exists in North Carolina and the LANC response by developing a Mortgage Foreclosure Prevention Project. The MFP includes a team of attorneys with expertise in handling foreclosures, who review all foreclosure cases across the state, and provide assistance to LANC attorneys on how to prevent the foreclosure of the home.  They work on negotiating affordable loan modifications in many of these cases.  Currently, LANC has approximately 864 open mortgage foreclosure cases.

On January 4, 2010, LANC in conjunction with the City of Raleigh's Fair Housing Hearing Board broadcast a half hour call-in show on Fair Housing through WAUG, a local radio station.  That show was so successful, the station offered a weekly, morning half hour time slot (8:00 -8:30) to address housing and other issues affection the local community.

Client Affairs/Clients Council

Phillip Leigh, Chair of the LANC Clients Council, reported that the Clients Council is working on engaging clients in the census and working on a re-entry program with Blue Print North Carolina, a coalition of non-profits dedicated to improving North Carolina.

Committee Reports

 
Nominating/Board Development Committee
Sue Perry Cole, Chair of the Board Development Committee, reported that the following attorney members are eligible for reappointment to the Board of Directors: Charles Holton, Tom Berkau, Kyle Woosley, Kris Shepard, Alice Tejada, Celeste Harris, and Sue Perry Cole. All have agreed to serve a second term.

Glenn Barfield's term on the Board is ending and the NC Bar Association will need to suggest a representative from its organization to serve.  A letter has been sent to the NC Bar Association soliciting a nominee to fill that seat.
 
The IOLTA Board has been notified that James Talley's term will expire and will most likely reappoint Mr. Talley to continue to serve as its representative.
 
Ms. Perry Cole reported that two client members are eligible for reappointment, Sharon Greig and Shirley Jones.  The Client Council has suggested Peggy Ewart, who is LSC eligible, for appointment to complete the one-year term for a statewide client representative that came open when Mary Flowers passed away.  This term will end June of 2011.
 
PAI and Pro BonoCommittee
Glenn Barfield reported that the PAI survey results are being tallied and will be distribute in the near future.  The committee continues to explore how to increase pro bono opportunities and to encourage NC attorneys to participate in pro bono activities.  Mr. Barfield announced that he will continue to work with the PAI committee after his term expires on the Board.
 
Operations and Personnel Committee
Celeste Harris, Chair of the Operations and Personnel Committee, recognized Paul Shepard for his pro bono work and his receipt of the Pro Bono Attorney of the Year Award in Forsyth County.

Ms. Harris directed the Board’s attention to the proposed revisions to the LANC policies on Family and Medical Leave found on page 31 of the board notebook.  She stated that the committee had met discussed the proposed revisions and unanimously recommended to ask the LANC Board to adopt the same.  Following discussion it was moved, duly seconded and UNANIMOUSLY RESOLVED to adopt the revisions to the personnel policies as recommended by the Operations and Personnel Committee.
 
Ms. Harris reported that the Local Advisory Subcommittee had met and are reviewing revisions to the guidelines to the local advisory councils in order to improve their role locally. There are annual LAC reports in the board book for informational purposes only.
 
Resource Development Committee
Paul Shepard, Chair of the Resource Development Committee, reported that the committee had met numerous times and discussed the development of a committee charter, succession and leadership planning.  There are 30 or more senior staff attorneys who are 60 plus in years and who could possibly retire. The Committee is exploring options to retain and utilize this core of expertise while allowing younger staff opportunities to advance within the organization.
 
Mr. Hausen reported that the Access to Justice Campaign has shown a 70% increase in donations since last year. He recognized Janeen Gingrich for a job well done.
 
Finance Committee
Tom Berkau, Chair of the Finance Committee, reported that due to economic conditions and uncertainty about continued funding in 2009, LANC was forced to make tough financial decisions that included not making a contribution to the LANC 401(k) plan for the 2008 plan year.  For the following 2009 plan year, LANC made its customary contribution. Due to a 10% increase in funding from LSC, LANC made an additional contribution to the plan in an amount equal to the contribution that had been withheld for the 2008 plan year.  Self insured medical is doing well and those expenditures are within budget.  A possible one-year VOCA increase is anticipated, which support our domestic violence work.  LANC has other grants outstanding and hopes to learn whether those will be funded mid-year.

New Business

Mr. Hausen suggested the creation of an audit committee whose purpose would be to sign the engagement letter hiring the auditors and to review the audit.  The creation of the audit committee will need the following:  Board approval by majority vote and the granting of authority to the chair to sign off on the audit.  Following discussion it was moved, duly seconded and UNANIMOUSLY RESOLVED to create an Audit Committee, as proposed.

Following no further business to be discussed, the meeting was adjourned at 2:40 p.m.
 
 
 
_______________________________________
Phillip Leigh
Secretary

 


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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.

 

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