Easy Does It Disability Assistance Services
Emergency Board Meeting Minutes for Thursday, November 6th, 2003
ROLL
CALL:
Charles Pappas, Chris Hess ,-Treasurer, Dina Valicenti, Hale Zukas
- President, Jonah Markowitz- Secretary, Karyn Hernandez , Leslie Gordon,
Lewis Stiller, Peter Trier, Winston Ching
Public: Scott Leubking
Staff: Louie Lock , Rose Acampora, Gina Sasso
Susan Brown - note taker
PRESIDENT S REPORT
HALE: This is not very encouraging; last week I talked to Erold Johnson,
City Manager, the city has always required its contractors to carry
insurance for the city to cover them. Then I talked to Gloria (Stanley
Smith) and our insurance brokers, and she said that Lloyds just finally
got around to reading our contract and objected to a # of provisions
especially the requirement that the city be held harmless. Gloria said
that no lawyer would ever advise any insurer to agree to holding a
contract entity harmless.
Now I find it hard to reconcile those two statements and have asked
our lawyer if he can help. Now as for the other insurance broker it
was sent a week after our meeting of Oct. 7th and does not leave much
wiggle room. I suspect there might have been some collusion between
Felix (and the broker) and I was hoping to be able to finesse something
there, but there does not seem to be much hope. Finally, Gloria said
that she had sent Felix and application for another carrier, which
had never been returned, so I asked her to send that again and it now
has been returned, but will take a month or more to get a quote (back).
So, the situation is that we are now covered by two policies, Lloyd’s
of London, which gives more wiggle room (on Bowel and Bladder Care)
but does not include the City of Berkeley. The second one is the exact
opposite no wiggle room for Bowel & Bladder Care, but the City
may be insured.
PETER: More questions need to be asked of the City of Berkeley. Other
contractors must have the same requirements and I’d like to know
how these others do it. If we’re forced to go the City of Berkeley
we can’t run the program as they have asked us to, so what can
we do? They have not been very helpful and this is a City Tax Measure.
Neither Lloyd’s or Suhr are likely to change their opinions.
The most room we have to work with is with City of Berkeley.
HALE: I been trying to find someone who knows his or her way around
the City, but after talking to Erold, I gave up on that idea. But I
hear you saying that I should not.
PETER: We’ve gotten the party line. Erold is a nice man, but
you’re going to have to go over his head. Somewhere down the
line you’ll have to meet with somebody with the Mayor’s
office or the gov. who has the ability to make decisions.
JONAH: I would set up a meeting with you (Hale) and Peter to meet with
our good friend Donna and if necessary with the Mayor.
SCOTT: I would get hold of Paul Church (Compliance Officer) through
the back channels informally. Then, you’ll have the info. to
say this is what other places are doing.
HALE: I want to get more of an idea of the lay of the land.
SCOTT: Contract will be coming up for renewal. Agency running Rapid
Response might be interested in the contract. Be careful no to leak
out this info, because they work with Nurses and may be able to get
around this issue.
HALE: I have an idea in case all else fails: it is that we can contract
with Nightingale to provide Bowel and Bladder Care.
SCOTT: The budget would support that.
PETER: My guess is that no one will. The City Contract was due to be
approved next week.
SCOTT: Be careful about nurses. If the two contradictory motions get
out to the public and nursing world it may ruin our credibility. Who
would want to do business with an org. like that?
LEWIS: We discussed (by email) the option last month of rescinding
the 2nd Motion.
PETER: Tonite we shouldn’t discuss that motion. I personally
don’t feel bad about what got passed.
SCOTT: If those motions were ever involved in a legal dispute EDI would
be in trouble.
Be legally careful, you don’t have enough legal experience.
HALE: I’d like to end this discussion and give Rose and Gina’s
Proposal for the short term. We will then move on to talk about what
we want in an Executive Director.
ROSE: What kind of timeline are we looking at, 3-6 months? I don’t
want to do this long term. Feb 1rst - is that a reasonable date to
shoot for?
LESLIE: I was hoping it would be earlier.
SCOTT: Probably won’t be until January.
GINA: I have a suggestion: Please don’t make it too quick. Let’s
avoid another disaster. Think it thru, take your time, to everyone’s
satisfaction. We don’t need a quick bandaid. I’ve been
here 3 years and we’re (staff) here for the long run and don’t
want another problem. Please have a back-up plan if the Executive Director
doesn’t work out. In the interim we’ll make sure everything
runs smoothly in absence of an Executive Director.
EXECUTIVE SEARCH COMMITTEE
HALE: One meeting of the Search Committee was talking of having an
Executive Director in place Jan. 1.
LOUIE: How long do we expect an Executive Director to stay?
LESLIE: Five years I would hope.
ROSE AND GINA’S PROPOSAL
PETER: What needs to be approved tonite? It is a great proposal do
you need more than budget and general principles and then to work
with Hale?
HALE: Well, that reminds me of another item, which I meant to bring
up that is how the remaining staff are to be compensated for the
extra work. I’d meant to ask them to prepare a proposal and
forgot to. Is it ok if we defer that to the next meeting?
ROSE: If you approve the change in duties, whatever else you decide
can apply retroactively?
PETER: These are not unreasonable salaries.
CHRIS: How does this contrast your previous duties and what are new?
GINA: A few dollars more and quite a bit more work.
MOTION: Hale along with Rose and Gina will work out before the next
board meeting on Nov. 17th will work out the details to keep Executive
Director running for the next several weeks.
PETER: seconds with friendly amendment that if the board chooses
to approve the proposal all agreements will be retroactive to Nov.
6th.
Motion Passes.
LESLIE: I propose that we agree to the proposal and leave it to be
worked out with Hale and Chris.
ROSE: I’d like to add that mentally Felix has been gone for
several weeks and I have been doing his work.
SCOTT: Who is reporting directly to the board? There is a difference
between a liason and supervision. How does the hierarchy occur?
GINA: Like when Jesse was the Interim Director.
PETER: It s basically terrific, (but we must be) careful.
LESLIE: I feel appreciative of Rose and Gina and feel they should
be compensated as soon as possible.
CHARLES: Are we spending more than if we had an Executive Director?
PETER: Plus Felix’s salary, yes, but Chris will see to it that
we can afford it.
HALE: We were running 40,000 under budget.
PETER: Previous to this month we were several thousand ahead.
HALE: 28,000 was to roll over from last year. We actually have around
12,000.
ROSE: If we show good need we can get that $ back. It went into the
City’s reserves.
PETER: We’ll get an increase based on cost of living and get
the City $ back too.
LESLIE: We will save $ after Dec. 15th.
SCOTT: Include how EDI will get this info.out to the public to increase
confidence and comfort level of client (relations) and something
addressing communication.
GINA: Assure clients that the org. is still strong and vital.
ROSE: I will not take responsibility to represent the org. to clients
because of the heat I’ve been under rather it came from the
board.
HALE: If you write it, I’ll sign it.
KARYN: I can do it.
SCOTT: A phone # needs to be made public as a back-up to dispatch
in case of emergency.
ROSE: How about a pager #?
JONAH: MOTION: Hale along with Rose and Gina will work out before
the next board meeting on Nov. 17th will work out the details to
keep Executive Director running for the next several weeks. If the
board chooses to approve the proposal all agreements will be retroactive
to Nov. 6th.
PETER: SECONDS
Motion Passes.
DINA: New 24 hr # will be a pager shared by Rose and Gina.
JONAH: 1rst MOTION: As part of recommendations to Search Committee we look
for Executive Director, but in addition we hire a fundraiser.
LESLIE: Does anyone want to make a proposal (to Search Committee)?
HALE: I’d like discussion before any motion. Rose will you start? What
do we want in an Executive Director?
PUBLIC COMMENT / FEEDBACK FOR SEARCH COMMITTEE
SCOTT: Characteristics to look for: find out what a good Executive Director
is. There is an Oakland org. that helps non-profits find an Executive Director.
Go through list of past Executive Director s good and bad points. Too often
a board replaces an Executive Director and loses the context and history. Another
thing would be to interview another agency’s Executive Director to see
what they recommend. Few board members have Executive Director experience.
Send out a note to Berkeley Disabled for client input and the same thing for
staff. This will improve staff/client relations and Executive Director/client
relations. EDI is seen as a second-tier org. and this may be a way to improve
its standing by showing maturity to other Executive Director s. An Executive
Director need experience both in and out of the disabled community. So often
the Berkeley Disabled community lags behind in current management issues. An
Executive Director should easily go between those two worlds. Any questions?
I’ll find out the name of the Oakland org.
CHARLES: Input from staff and clients is the most important.
ROSE: Historically, CC Weeks was our best Executive Director, an attendant
user who understood where the community is coming from. It is hard for a disabled
person to work a 40hr week. Could it be done in 30 with current staff and another
person for a fundraiser/event to bring in some $. No past Executive Director
has ever brought in any money.
PETER: 30-40 hours, subject to negotiation. We can state it in an open way
depending on candidates.
HALE: Any more comments?
CHRIS: Has anyone had experience with contract fundraisers?
HALE: We had a development officer; I’ll look into it. CIL contracts
with a former employee to organize events.
PETER: So, we’ll not ask the Executive Director to be a fundraiser?
LESLIE: It’s not our task to hire a fundraiser right now, but an Executive
Director.
JONAH: Our last Executive Director said he had amazing experience, but it didn’t
work for us, so I appreciate the comments. We’ll try to move forward
as best we can, conduct a thorough search and find one or two people who can
steer EDI to a positive future. Whether Feb. or Mar. is open to question.
CHRIS: To get feedback for the Search Committee was the goal.
LESLIE: I need off the board by Feb. 1st.
PETER: A lot or all may happen by then. If not, you’ve bent over backwards
to make yourself available and we appreciate it.
PETER: Theoretically the Search Committee Pres. Doesn’t have to be on
the board.
DINA: MOTION: to adjourn
KARYN: SECONDS
Motion Passes.