Re: Santa Cruz legenedary support spin off

[Jay Blas Jacob Cabrera]

Dear Santa Cruz Legionary Slam Support Program,

I received your email initiating the Spin-Off process.

As far as the $81, that was not me, and the funds were transferred to the Richmonst slam account for a reason I do not know.

In terms of the Spin-off, first of all any and all communication regarding spin-off from the WCTC needs to go through me, not anyone else. No one else is trained and a direct agent of the WCTC that is required to communicate with to address these issues. You are welcome to speak with Mel, or even Heather if you want to as they are on the WCTC Board as well, but I am the person who does ALL of the work. And I don’t get paid a dime, so please bear with me.  A spin-off is kind of like a divorce, it takes time and there are many details that have to be worked out. The idea that a spin-off could happen in a day without ever talking to anyone from WCTC is simply not reality and has caused lots of unnecessary issues and conflicts that are totally avoidable with basic professional communication. I just never thought anyone would actually do a spin-off without directly talking to me first, so I just never prepared for this situation. Transferring the money is always the last part of a spin-off not the first. It is unfortunate that we have gone down this path.

In case you didn’t know, Me and patrick are in an on-going very complicated and long term conflict that has caused the split up of the organization and the programs. We are not communicating or talking well, and it is important that everyone in the Leadership Committee are communicating directly with me and the WCTC so that we are all on the same page. It is not ok to simply have information going through phone tree.

Whatever information was given that lead to the current outcome, is simply an issue, and the current situation and issue with the Santa Cruz Legionary Support Program is not good, and was totally avoidable. But I’m sure we can work through it, so overall I’m not worried, but we do need to work through a bunch of issues that could have been avoided simply by communicating with me directly.

First and foremost it is completely against policy and against normal professional business practices to not give many weeks notice and communicate and come to agreement on the spin-off before it takes place. If a program wants to spin-off that is fine, but the proposal should be approved and sent to the Board to initiate of the spin-off with proposals to the WCTC Board and clear next steps so that everything can move forward smoothly and calmly as best as possible. That is exactly what did not happen.

What you have done by initiating and finalizing the spin-off all in one single day is simply unacceptable and is against policy. The last thing that should happen would be to transfer the money out of the account, NOT the first thing to happen. This has caused avoidable issues and reopened conflict with me and patrick and will take 10 times more work and effort than if we just all communicated and followed the policies to begin with.

If it were me, I would immediately put the money back into the account, and work through the issues before the funds are removed. I would not be surprised if you didn’t want to do that. As an alternative we could do a $100 escrow or something, as we are not dealing with a lot of money, but the amount of money shouldn’t matter, every program and person should be treated equally regardless of how rich or poor they are. Please let me know what you decide. If you chose to not put any funds back into the account, that will just further exacerbate and escalate the already existing issues.

So now we are in a situation where we have not only made a difficult process worse than it has to be, it is now getting interwoven with the ongoing conflicts and also all the issues with the Ed Fund. It is unfortunate but I am confident we can unweave it all and get agreement. The Ed Fund situation is very unfortunate but it comes down to the fact that Jordan, myself and Patrick all had an understanding and agreement that funds from the Ed Fund would NOT come to the WCTC. Additionally we agreed that funds from concessions also would NOT go through the WCTC.

This means that we will need extensive information regarding the funds from the Ed Fund, and if they were from concessions we need detailed information for who was present, who volunteered, and who is getting paid. All of this affects our finances, taxes and more… Again this is on-top of many other Ed Fund issues and I will also be in contact with the Ed Fund regarding these and other funds.

In my initial calculations, and I will take a much closer look, the primary financial issue is simply the $666.07 would require a 5% admin fee for all income cash flow as agreed, and that would add up to about $33.31. I also will be proposing that the fee is doubled based on not following policies, due to the issues and problems which results in much more unnecessary and avoidable work on our side. The agreements and policies were not followed and so we can propose increase the fees based on our current policies. So I am proposing a fee of $33.31 times two = $66.62 and that would need to be approved by your leadership committee or the WCTC Board and Council or BAC Board to be enacted. Currently it is just a proposal.

Furthermore we will need bank statements and detailed accounting of how and to who all the funds transferred to BAC corporate accounts are spent on, so that we are auditable and are able to complete our taxes and 1099s for next year in 2020. The only alternative is that funds that are NOT grants can be externally transferred as a income payment to BAC in which case they would be taxable. If you decide to do that you would have to split apart all of your funds for what is and is not grant money including expenditures.

This all will require a scheduled phone call with all leadership committee parties present so that everyone is on the same page and decisions can be made. I am available anytime. If we can not quickly get everyone on a call, which would be odd as you all were able to move very quickly on this spin-off, then we could split it into two calls in a worst case scenario.

This process will take a minimum of about 2 weeks to 1 month to work out in the short term, and at least one full year regarding taxes and other issues as needed. I have invited you to our WCTC-BAC communications email list if you want to be in communication over time on all the necessary steps. Just let me know if you want to be in the text group, I will invite Jordan as I have been texting a lot with her, but anyone can be on it. There should be agreement between all parties for the final spin-off date if at all possible, and currently we do NOT have agreement. I look forward to getting this all worked out and although it won't be smooth as hoped, we can for sure get the Santa Cruz Legendary slam spun off in a way that everything can be accounted for.

Thanks for your understanding,

Jay

Jay Blas Jacob Cabrera

Board Chairperson

World Collaborative for Transformative Community.

831-332-2486

PO Box 20175

Stanford CA 94309

http://WCTC.world

On Jan 2, 2019, at 7:29 PM, director bayareacreative.org <dire...@bayareacreative.org> wrote:

Hello Jay,

The Santa Cruz leadership has decided to spin off the Santa Cruz Legendary support project. Kevin, Jordan, Margot and I agreed by consensus prior to transferring the remaining funds of $1,135 into an account under the BAC EIN number. This account number is 157520309756. 

We have reviewed funds received and fiscal fees taken to determine if there are any outstanding fiscal fees and it appears to us that there is no outstanding balance.

There was a $50 fiscal fee taken from a grant for $1,000 received on 10/29 as the deposit into this account was $950 from the $1,000 grant check.

There has also been a transfer out of the account for $81.81 on 10/29. We did not initiate this transfer and are unclear if this was money taken out for a fiscal fee.

There was $666 received from work done at the Stanford team building concessions program, though this money already passed through the EdFund and had their fiscal fee taken from it.

The leadership committee is open to a phone call with WCTC to finalize this process and discuss any issues or questions.

Do we need everyone from the SC leadership committee on this call or would two of us suffice?   

Thank you for your assistance in setting up this project in Santa Cruz!

Warmly,   

Patrick Ohslund, MA

Director- Bayareacreative

dire...@bayareacreative.org

(949) 285-9086 (cell)

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www.bayareacreative.org

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[Jay Blas Jacob Cabrera]

[Jay Blas Jacob Cabrera]

Dear Santa Cruz Legionary Support Program,

Since my email to you expressing my extreme concern around the issues of your immediate spin off, I am not impressed with your response.  I certainly will be the first to admit that I am not a good communicator and this is a difficult situation with all the ongoing conflicts. BUT that is no excuse for not taking my requests seriously, so that would mean that the issues are on both sides, not just mine.

The response from you has been basically are perceived by me as: (again these are my perceptions which I am reflecting to you so you understand how I feel when you say the things you do).

• We did nothing wrong and broke no rules or policies
• The decision is final, we don’t care what you say or think, your not getting another dime, talking to us is pointless.
• You have no right to be angry and upset and you need to stop talking, and we can control what you say based on previous agreements of what is and is not permitted to be stated verbally out of my mouth or fingers, so no emails, no text message, no nothing just be quiet and shut up.
• Because of what you said, you are a horrible scary person and are attacking us and because of that some of us refuse to show up at your requested meeting.
  - That it was perfectly justified to take these actions, and to do so during the holidays because we are jewish, and therefore taking up any other religions time is of lesser importance than our own.
• And of course that Jay is a angry white male, and personality matters, and obviously Jay's personally is substandard to my own and therefore there is no intention of even communicating with him
• Oh and that I have no right to mention that I’m not getting paid, but I think I should be. It seems others here have gotten as much as $50/hr for workshops ($200 for 2-4 hours) etc… so the idea that I should not be able to bring up getting paid when I work my ass off to support BAC is simply gravely upsetting, and it is prioritizing your time over mine because the money is there it is just about who’s time is considered valuable. And anyone getting paid has a direct conflict of interest of the money, so the idea that you can finalize the decision without it going to the board and volunteers is also dumfounding. How about paying me $0.50/hr $1/hr anything? For me admin fees are a given and should not even be an issue, we should be talking about getting me paid for all the work I do for you. But of course
• I feel these are personal attacks against me and my character, which have the effect of pushing me to not speak my voice and to silence me. I feel like this is a tactic to disregard and deflect from actually addressing the concerns and issues that I bring up, which are very serious.

Anyways I could go on, but hopefully you get my point, that your response was not exactly super amazingly professional either. Typically when people get upset that is what happens, so it is no surprise to me that I made lots of communication mistakes, but I am not the only one. But as far as actions, I do not feel I have taken any actions that are inappropriate at all. Everyone has a right to free speech and can say, text, email whatever they want, but what you do and what actions you take is an other story. We all have to follow the same policies and the same law.

Anyways to the point of my email about taking this seriously, I did some research and based on my legal understanding, it is clear that what transpired with you all initiating and finalizing a spin-off without communication to the corporation leadership is nothing short of stealing. Furthermore because it is more than $500 it would constitute a felony. It doesn’t matter, based on our policies to treat all programs equal, if you take $1,000, $10,000, $100,000 or $1 million without clear agreement, in my perspective it is still legally theft. And it shouldn’t matter at all based on our policies if it is a brand new program that we have never met the leadership committee, or if it is a leadership committee we have known for years, everyone must be treated the same based on our policies.

You have taken over $1,000 of funds out of the corporate accounts without permission or agreement on what is going on, and it is illegal. It is theft, and considered stealing in my perspective because there was no agreement that you could do so and we have no clarity on the arrangement of how the money will be addressed moving forward. Bottomline the $1,000 and any money in any WCTC corporate account is NOT your money, period. It is public money and the WCTC Board is legally responsible and liable to oversee in trust, anything and everything that happens to that money. You nor patrick have any right to take action to remove that money from corporate accounts, without consulting with and getting agreement from the WCTC Board.

You taking this action puts the WCTC Board in a very difficult place because the Board now is not clear on the arrangement of the money and is legally liable and responsible for it. Regardless of what program, if you or anyone takes money from the corporation in any amount, without agreement on how it is going to be overseen, we no longer can know that it is getting spent within the legal criteria required, and if anyone did that and spent those funds in a way that was not approved and in alignment with non-profit law, which would make the WCTC Board liable and it puts all other programs at risk cause we could loose our non-profit status, and it puts myself, my life, my family, and the lives and families of all other Board members at risk. It doesn’t matter what program does it, how much money it is, whether it is you or someone we don’t know, it is unacceptable and is NOT ok, it is in violation of our policies, and now based on my research I can say that it is illegal, including the process of representing the WCTC as an agent and saying that it would be ok to do that based on our policies without contacting the WCTC directly, it is not allowed.   

I am not saying this to scare you in any way, I am saying it to get you to take this seriously and treat me with respect and honor my different and terrible ability to communicate, as my message is still valid, as I am human. We treat any and all programs exactly the same, and these actions are illegal, and your response to me getting extremely upset about it is dumbfounding. I believe I have a perfectly reasonable and rational reason to be upset, and I have a right to express my anger and frustration. If you don’t want that to happen then communicate with me, I am here to help you and work my ass off every day doing so.

The foundation to all of the problems with me and patrick stem from me being excluded and him going off and doing secret agreements with the BAC Board, Ed Fund, and more over and over again and only telling me afterwards and me having no say in the decision and my voice being silenced over and over again because as you all put it the decision has already been made. Everyone says over and over how important patrick is because he is the ED, well I’m the Chairperson of the board and it is above the ED, that is the order and I deserve respect and acknowledgement regardless if you disagree with our policies or the law.  I work my ass off and it is NOT ok and it is NOT standard practice to do what you all do to me, to any Chairperson of any Board of any non-profit organization. Period. I should be involved and communicated with about everything going on, and I should not be told afterwards that I have no say in it, it is unacceptable. And this is just another example of that, and I am done with all of this, it is not ok.

Here is a list of all of the other issues that are now mixed in with Santa Cruz Legendary because of this...

• None of the previous spin-off processes have been completed
• Steeling
• Removing funds without agreement
• Not communicating beforehand or including the WCTC chairperson or other representative from WCTC
• Feeling ostracized and excluded!!!!
• Secret dealings and creating final decisions that can not be revisited, preventing dialogue
• Stating that nothing said can change anything as the decision is final.
• Feeling alone, no one to talk to - I still have talked to no one about any of this. It is scarey and just festers inside of me for days and days and can’t sleep. Please someone schedule a call with me ASAP, everyone else has people to talk with and I am alone :(
• Feeling ganged up on
• People not even being willing to meet or to invite me to their meeting. (note I am willing to pay minimum wage out for-profit money that doesn’t effect the non-profit and instead affect my personal pay, Note: I only get about $5/hr, but I legally can’t pay people less than minimum wage.
• Fiscal fee issues - and the Ed Fund - uff
• disagreements on how to address discrepancies and gaps in financial information
• Secretly working with ed fund against the WCTC (we lose money, it is a fact) and saying the programs are insured when they aren’t (this is legal opinion not my own) and is true because all the money is coming into our accounts anyways and so we are the ones overseeing the programs and we don’t have insurance, ed Fund does.
• Not having access and communication with the BAC board!!!! - this needs to be addressed
• —-
• And all of the other issues it just goes on and on!!!

In my previous email I made it clear that if this were me I would immediately return the money to the WCTC corporporation. Now I know exactly why I had that initial reaction. Now I am officially requesting as the Chairperson of the Board to return the funds immediately because it was not approved, and you are taking funds from a corporate entity and account without permission and without agreement to the arrangement of how those funds will be overseen. It doesn’t matter if it is $1,000 or $1 million. In my perspective that is considered stealing because you are taking funds without agreement or permission from a corporation that you are not liable for or suffer the responsibility for if there are issues that arise. I suffer the responsibility, it is my life, my wellbeing, and my family and the families of other board members that are put at risk because of your careless actions.

My voice alone is not legal. Therefore I am proposing to the WCTC Board to officially request the money back as the entire WCTC Board and we will find out soon if the WCTC Board approves that proposal. For now it is just me officially requesting the funds be put back into the account until after the spin-off process is completed.

Furthermore it has come up that the justification of all of this is that BAC has already spun-off and that you can just take funds from any WCTC account you want to and spin-off without communication. That is false and is illegal, period. Additionally the BAC and Digital Storyteller Spin-off process is NOT complete because there are still outstanding issues regarding the % admin fees that need to be addressed by the BAC board and have NOT been resolved at all, and are now spilling over into Santa Cruz Legendary spin-off. That means that we currently have 3 very conciliatory spin-off processes and issues actively going on, all of which should be addressed professionally and fairly where everyone has equal voice to communicate and no one is told they have no say and the decision has already been made.

Every single program based on WCTC policies is independent and makes its own decision based on its own money. If you want to strip your rights to decision making over your programs money, then you can get approval to have the BAC Board be your programs leadership committee, and then you lose all rights and the people on the BAC board oversee it at that point. That is perfectly fine if they agree to that. You can have the same people overseeing as many programs under WCTC as you want to create, but each program is still considered independent and you have no right to decide or force any other program within WCTC to remove corporate funds or initiate a spin-off without their leadership committee approving it. Everyone is empowered equally and each program has to initiate its own spin-off, if it chooses, and create its own arrangement and agreement with the WCTC Board for how it will proceed.

And as a reminder a much easier way to do it is to just spend the money, not spin off at all, and just close the WCTC program, while starting a new program under BAC. Bottomline if there is no reason to spin off, then why do it, double sponsorship is a much easier and effect way to keep all the money organized.  The idea that the only reason I have heard so far for the spin-off is that you don’t want to get double fees is silly, since putting funds from Ed Fund into your account is against our policies and agreements anyways, so obviously we don’t want that either. You shouldn’t even be doing that. The idea that your justification of this spin off is based on an action that is against our policies simply doesn’t make any sense.

Lastly I am working on a policy for program self-initiated spin-offs, as this is the first time this has ever happened. There really is no policy that needs to be created, except that it is allowed, and every single program will be different and it takes a lot of time usually many weeks or months, and it messy, kind of like a divorce. So the policy itself will not be protocol but only be a guideline on how to accomplish such an endeavor in a way that meets policy and legal frameworks. I would like to get the policy approved by the WCTC Board before announcing it, but you are welcome to give any input you desire. The policy as I am proposing includes the necessity for the WCTC Board to consider filing a police report anytime money is removed from the corporate accounts without permission agreement or approval. The WCTC Board certainly does not have to do so, but they should have to consider it, as it is the ONLY way to protect the WCTC Board and to address stealing in a legal way that treats all programs fairly and protects the integrity of the non-profit regardless of how the money is used once it is taken from the corporate accounts without approval.

Here is the link to the Proposed Policy Guidelines : https://docs.google.com/document/d/1WIxrZP7mRAMpSXc3fzAaDEkZ4uHnePDxpvDe0kP_Fkc/edit

Feel free to edit directly and you are always welcome to propose other polices or changes to any policy within WCTC or the FQN CommUnity Network, they are all created bottom up.

Again sorry for my terrible communication skills and too long of emails, and all the rest. I know I am a horrible person because I am such a bad communicator, but that does not negate my message, so please take me seriously and try not to personally attack me because I am so terrible, I am a human being as well.

Ok that is it for now,

Jay

Jay Blas Jacob Cabrera

Board Chairperson

World Collaborative for Transformative Community

PO Box 20175

Stanford CA 94309

http://WCTC.world

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[Jay Blas Jacob Cabrera]

Jordan,

First of all, thank you so much jordan for calling me yesterday. It was a HUGE help.

We talked for 45 minutes, and although I didn’t really get a chance to say anything, it was my first human experience and interaction of this whole debacle. It was like day and night ,and I really felt heard and felt respected, and I really respect you for taking the time to do so. Also patrick did communicate with me yesterday as well which made me felt herd.

I really agreed with everything you said, and I know a lot of it was repeating back what I said, but I really did agree with your responses. I think you brought up at least 15-20 topics, and I am going to respond to 9. In email form I am saying more than I should, so sorry about that, there are just so many details. Also I do have a response to the current decision from you all that patrick texted me this morning but I am going to put in a separate email, for me the human communication is simply more important.

1. I am confident that everything is going to work out on all sides. It just takes a little time. Your life story and situation takes me aback, and I was very emotional from some of what you say. I cannot possibly imagine, and I just want the best for you and your wellbeing. Thank you for sharing. Overall you are an incredible person and your ability to understand and more importantly address so many complex and inter-related issues, is seen and is very impressive. You are simply an incredible communicator, and amazing person and someone who I wish I could interact with more, but obviously our paths are on different tracks at least at this time. In my life I talk very little with anyone, and it is so stale just staring into spreadsheets all day and doing emails and texts. I literally interact more with bank managers and teller's than with normal community members. It is lonely and I feel ostracized. So talking with you was a huge relief and you have no idea how much it calmed me down.  Most of my interactions are with people all over the world (the FQN CommUnity Network is a Global organization, and we have meeting day and night), but most of the people I interact with barley speak english. So hopefully that gives you a bit of understanding into how different our lives are and my role in all of this, and I do constant finances and like 8 sets of taxes… it is never ending.
2. I apologize completely for pushing to have the last word. I agree with you and it isn’t appropriate. It is difficult to hold back when you want to share, but that is no excuse. Overall I would still like to share my thoughts with all of you by voice in real-time, and hope that finally that could happen on tuesday as it still has not happened yet. Emails and texts simply are not a sufficient place to address this situation. I am an idiot, and I say stupid shit. And you are right I confused “free country” with freedom of speech. And I agree with you that they are totally different and different meanings. I am a white male, and I am out of control especially when I’m angry. I do what I can to step back, and I feel that in this situation it is all just 10x worse reaction in me because of the on-going conflicts that have still not been resolved. This was just the last straw and we should get those and all conflicts resolved as soon as possible. I would love if you wanted to help us do that.
3. You were not the person who told me to not communicate or talk. So I just want to make sure that was not referencing you. I probably should have stated who said each comments. Patrick said “Also please don't mention that you don't get paid a dime, this is another point of communication that was mentioned at the meeting with Erika”. I am over being told what I can and can not mention or say. That is why I brought that up.  He also said “Also I'm gonna say right now just to prepare you that you aren't going to get any money from Santa Cruz…” until next year..., but it just made me feel that it didn’t matter what I said, the $30.30 was out of bounds to be addressed as part of the spin-off, and I simply don’t agree. So I apologize that you thought those comments were based on something that you thought you may had said. Also it is very important to mention that any decision can be made now in the present, and then paid in the future. To just say that we can’t discuss it now because we would only have money next year is not professional. IF you have intention of paying something in the future that is fine, but then you agree to it now and it becomes a liability for the organization based on the agreement. But to not agree to anything and have everything hanging does not in anyway say that there will be anything happening in the future. Agreements should be based on the present.
4. For me, my justification and rationale for strict policies on finances is that I agree with you we all should be focused on our lives and taking care of ourselves and our communities. Finances should be the last thing that we should be worried about, which is why it should all move very slowly, calmly, and everything should be verified and double/triple checked. In that way finances should just happen automatically, with no unforseen or responsive processes. It always should just add up. This allows people to spend more time on what is important which is our programs and supporting the community.  So overall with finances I take it very slow, step by step and just want it all to be verifiable, auditable, and organized. Unfortunately with BAC that is simply not the case and we need to fix that somehow so we can get back focused on the programs, ourselves, families, and our communities. I go to a lot of trouble to make sure all agreements are clear and made upfront, so we don’t have to deal with it afterwards, dealing with money after the fact is always more complicated.
5. Overall the most important thing to understand about the relationship of the programs is that yes Santa Cruz legendary was within the BAC umbrella before the BAC board was spun-off. But BAC was under the WCTC. So Santa Cruz Legendary as a program has to follow both sets of policies for BAC, and WCTC, and BAC was not allowed to break any WCTC policies. Now that has all changed because BAC and Digital STorytellers already spun-off, which means they can not take in new money into WCTC Account anymore, but we are still in a spin-off process because there is NOT resolution, and we have on-going reporting and communication requirements as well as taxes that will last over a year for the post-spin off processes. It is quite complicated. But within WCTC all programs have a direct relationship with the WCTC Board because there is NO longer a BAC Board within WCTC, it was spun-off already. Overall that doesn’t really matter because each program is independent and can make its own decisions, and each program as you say is semi-autonomous. So it is fine to still align with the BAC Board and its umbrella, but you can’t ignore the WCTC Board. Once the spin-off is complete you would ONLY have to follow BAC policies, except for the post spin-off reporting and communication for WCTC funds.
6. Me wanting to get paid is a conflict of interest. Yes correct I agree 100%. I also have no expectation to get paid at this time or anytime in the future from BAC or any of its program. All I want is to be able to express my frustration of not getting paid, that is all. I would love to have been paid and to be paid in the future, but that takes a lot of negotiation and agreement. It is simply not worth our time right now and shouldn’t even be addressed until after all of the spin-off process are finalized and all of the conflicts are resolved. And even then there is still no expectation, I lost hope a long time ago, and your words were encouraging, but again it is not up to you or me. More importantly though, is my conflit overall with patrick and BAC as a whole, and the Ed Fund relationship. That ongoing conflict creates a biased perspective for me because I am so emotionally charged from it, and therefore although I have a voice, I have already taken myself out of all decision making power regarding these decisions. The WCTC board has all the power and that is Mel & Heather. They are the ones who have to approve everything. Mel is the person to talk to and she will be on the tuesday call. Again although I have a voice and can make proposals etc… I can not be the decision maker because of my ongoing conflict. In that same context sometimes patrick says the same thing and sometimes he doesn’t, I am still not totally clear on it, but I believe too that he should not be a decision making on all of these funds because of his role in the conflict. Again no wages were ever stolen from me, Patrick or anyone has never agreed or taken back anything related to paying me. If we had enough money from admin fees it would be possible for the WCTC board to approve paying me, but we don’t. I just want the admin fees to get addressed, and me bringing up getting paid is part of my argument that I don’t understand why the admin fees are so contentious.
7. I am very excited about getting receipts. That will be very helpful and we can make sure the 1099s are calculated correctly etc.. Any and all documentation from all programs helps us a lot with everything. It is important for you to understand that we have been audited before, and are prepared for future audits. You say that we are unlikely to get audited because we only have a $300/mo budget, but that is not the case at all. We oversee $100,000+ of money, and even more on the for-profit side ( I think our last for-profit taxes were $300,000 for the year of funds - the for-profit is owned by the 501c3 non-profit so they are related), and because we have so many organization and entities in the FQN CommUnity Network we must keep all the funds very organized and clear cause money going between the different organizations, like for-profit non-profit etc, is simply illegal.  So if we were audited it would most likely audit all of our organization, not just one, that is what happend last time. Again we are a global network, the WCTC is just one of many organizations and corporations that we oversee. Furthermore within the WCTC Budget there are a dozen programs and together the budget is $100,000+, so if we got audited we would get audited on ALL of the money, not just the admin money. When I say we have a $300/mo budget, that is the total administrative budget for the entire WCTC corporation to run itself, even though the corporation itself has $100,000’s going through it each year. We just get so little from the admin fees, like 3%, 5%, that it is just not enough to run the corporation let alone hire someone to do it. The whole model of our sponsorship program is that we are all in it together and working together as a community to run the corporation. But instead we have all just been fighting and making it 10x harder for me and the corporation to function. I just don’t understand why we are not just all working together on the same team to make sure it all works out.
8. I Agree that ideall best practices are to carve out time for professional communication to take place. Period. I apologize for my terrible communication, and please lets talk more it is so much better than email and text. I get scared to call people because they don’t agree to it, and everyone is just busy. Professional communication should be with all of us, as we are all part of the same corporation, not seperate. I have asked to be invited to BAC board meetings many times and am always excluded. And actually originally It was agreed and approved by all parties that I was actually going to be on the board. And that is part of the problem, I was secretly taken off the BAC board and not told until a year afterwards and everything had already been decided and finalized and 10x more than that, ed fund, all of it, without being told anything. THen you bring in the insurance debacle, where I feel the ed fund gave misinformation about the insurance, because the idea that our programs are covered by insurance when the money is going through our accounts and we have no insurance is just not logical, and very upsetting. (I feel this only legally effects program activities from payments within our corporate accounts, NOT concessions). That is the foundation of the conflict and still has yet to be resolved. Simply not being included it just too much for me to handle when it affects my life my family and loved ones, and other people that I am responsible for, and it is overwhelming sitting here alone, wanting to be involved and being excluded over and over again. It doesn’t make sense, and I don’t think it is best practices or helps anyone for me to be silenced within BAC programs especially when they were or are within WCTC still. In general in my perspective the whole reason we were waiting until tuesday is because you are all so busy you have no time to communicate, and then I hear you are all meeting and making new decisions, again without communicating or including me, it just doesn’t make sense to me. I’ll address that in the next email more...
9. What  I Don't understand about the money, is that WCTC is being asked to pay for other people's mistakes. Everyone agrees that mistakes were made all around, including BAC, Leadership Committees, individual and ed fund. But why should WCTC pay 100% of the costs of these mistakes when we are doing all the financial work for them. I make mistakes all the time and I pay for my mistakes. I never make anyone else pay for them. My mistakes have cost me dearly, lots and lots of money. I can send a single stupid email and it can cost years of pain and lost wages and money and more. But I take the blame and I pay the costs and it effect my pocket book. Currently we have no decision or interest in going to small claims court as we would like to resolve all of these issues through dialogue if at all possible, and even then, it isn’t a lot of money. If we went to small claims it would not be over $30.30, or $1,000, overall with all of BAC we are talking about $3,000-$5,000 of admin fees that the WCTC Board feel have not been paid. That would be the total amount, and the $30.30 would just be part of that. Again at this time we have no intention of doing so, but I do want resolution to all of these outstanding issues. Also at this time it is clear to me that this is NOT an ONLY program issue. This is an issue between WCTC Board, BAC Board, Program Leadership Committees, and the Ed Fund. Neither the BAC board, nore the Program Leadership Committees are responsible for any of the money legally period, ONLY the WCTC Board is. But it is also true that all funds that came from the Ed Fund are the legal responsibility of the ED Fund Board of directors, NOT the BAC Board nor the Program Leadership Committees. Period Therefore there is no question to me anymore that the Ed Fund is part of this problem, and they are responsible for their money, and they mismanaged it. period. The Ed Fund has already apologized multiple times to me for this whole mess. my proposal to them which I am moving forward with is that they get 5% and we get 3% of Digital storytellers funds, and we split the SCL fees evenly 4% and it all adds up to 8% total. That is fair and it would solve almost all of our problems.

Sorry again for the endless length, I just am sharing what is in me and it is complicated and there are lots and lots of details and I have no one to talk to about it so it just boils over.

Thanks for listening,

Jay

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[Jay Blas Jacob Cabrera]

Dear Santa Cruz Legionary Support Program,

I herd from Patrick today that you made a decision to reverse course. 

First of all I want to make sure it is clear that when I give options or proposals, that is all they are. I do not represent and do NOT have decision making power in the WCTC Board on this issue because of my Conflicts of interest. I am not the person who will be making the final decision on any of this period.

Also when I recommended the idea that you would just spend the money in this account, what I meant was if you would have talked to me ahead of time, that is what I would recommend, that still may be possible, but again it is not up to me, and not up to just you, it is up to all of us to figure out together.

What I still feel that you all don’t understand is that the #1 goal of any spin-off process that has the intention of being smooth is agreement between all parties. In this situation there are two separate and equal parties. One is your Leadership Committee, the other is the WCTC Board. Both are required to agree. All I can say is slow down and make proposals to the Board and go step by step. There is no hurry to any of this. What matters is communication and agreement.

All I have requested is that the money be returned. That is it. Why? Because if we go into Tuesdays meeting, and we can’t reach agreement on anything, then the WCTC board is left in the situation where we have to consider wether to file police reports and the such, and it just doesn’t make sense to even be there. It would make much more sense to just have the money where it should be so that no matter what the outcome everything is accounted for. Agreement or not. 

The truth is that there is no protocol to spin-offs, they are difficult ugly and like a divorce, but can be done in a calm and professional smooth manner with a little effort. Primarily taking it slow and communicating with all parties directly. What I am hearing from you all again is a final decision, that you have decided to spend the money in the account, and again it is not in proposal form. 

Any program can self-initiate a spin-off but once it is initiated we are not in a negotiation for the fundamental sponsorship of the program and only agreement can move forward either way. 

I just don’t know how to communicate the simple idea that to move forward mutual agreement is needed for a smooth spin-off. Yes it is possible to do a contentious spin-off where agreement is not reached and is complicated and difficult for everyone, but I do not believe that should be our goal.

For me, the only reason I could possibly perceive that we were all waiting until Tuesday to address this all was because you were all so busy that you simply couldn’t do it before then. To find out that you had a meeting to address extremely complex issues and then did not include me again, and seem to have an outcome of final decisions instead of simple proposals just puts this all right back where we were before. Please I’m begging you to just include me as an equal voice in the discussion so we can just address this all and move on.

Please just communicate with me. Lets get on the phone. Lets talk, lets work this all out. It simply doesn’t make sense to me to not be communicating and making decisions, except in the context of conflict.

Bottom line all I care about is what is best for the program. It may be best for the program to put the funds in BAC accounts, it may be best to keep the funds in WCTC account, but again it is not your decision to make, we all have to make this decision together. Specifically the Leadership Committee and the BAC Board. We are all responsible for the program and are equal parties in these types of decisions regarding spin-offs.

I have updated the Guidelines and Policy DOC, and hopefully we will get this all figured out, but please take it slow, and lets just not finalize anything until we all talk and work out a plan that addresses all issue so we can just move forward. Everyone being on different pages and going different directions is not a sound decision making process. Everything that I have learned in my many decades of facilitation training and experience is that you want to get all parties and stakeholders at the table to talk and move forward professionally. It is just so much easier when you have all perspective and voices present, much quicker, and much more efficient.

Link to updated Guidelines and Policy DOC : https://docs.google.com/document/d/1WIxrZP7mRAMpSXc3fzAaDEkZ4uHnePDxpvDe0kP_Fkc/edit

All I am asking is simply to include us in any and all legal decisions period. It shouldn’t be complicated, there are two equal parties involved, and we, the WCTC Board, are one of them. We are here trying to help, and I’m available anytime. You can also call Mel. If you want to talk with Heather let me know she usually only comes in at the very end to review and stamp the decisions.

Hopefully that is more clear,

Jay

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[director bayareacreative.org]

Hello all,

I have just transferred the $1,135.84 back into the original Legendary Support account. I have also just read the new policy on a program initiated spin off. Thank you for this info, it is very clear and I have no questions about the information therein. I am confident that we can agree to the terms and/or find a compromise that both parties agree to in order to have a smooth spin off. The Legendary Leadership committee will meet after the call on Tuesday and will submit a formal proposal for the spin off at that time. 

Looking forward to the call at noon tomorrow,

Patrick

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Patrick Ohslund, MA

Director- Bayareacreative

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(949) 285-9086 (cell)