Amid calls for accountability, transparency and restructuring

By: Sr. Correspondent, Antoine Craigwell
Photography by: Taylor Siluwe

(New York, NY) - In an era of large corporate bankruptcy filings involving billions of dollars in debt, the recent announcement by the New York State Black Gay Network (NYSBGN) that it was filing for Chapter 7 seems inconsequential in comparison. Of consequence, added to the nearly $260,000 in debt, is the loss of confidence and the sense of betrayal of the Black gay community by one of their own.

 

L to r, Gary English, interim executive director, NYSBGN conferring with Tokes Osubu, executive director, GMAD
At a Town Hall meeting held at the Lesbian, Gay, Bisexual and Transgender Community Center on May 21, Leo Rennie, a community consultant invited six members of the community to form a panel to ostensibly address and dispel the rumors and stories swirling around the closure of People Of Color in Crisis (POCC) in Brooklyn and the move by Gay Men of African Descent (GMAD) to new offices in Brooklyn.

The forum which began half an hour later than its scheduled 7:00 p.m. start, was called to order by Rennie who reminded the assembled audience of close to 150 men and women, of the reason for the meeting, introduced the panelists, which included Tokes Osubu, executive director, GMAD; Gary English, interim executive director, NYSBGN; Cary Alan Johnson, executive director, International Gay and Lesbian Human Rights Commission; this writer representing GBMNews.com; Manuel Rivera, chair, Consumer Advisory Board, Gay Men's Health Crisis; Nathan "Seven" Scott, a life coach; and Traci Gardner as the moderator.

After setting the ground rules, advising the audience to hold questions until after the panelists had made their opening presentations, Gardner indicated that Osubu would begin.
Section of audience, panelists, l to r, Nathan "Seven" Scott, Manuel Rivera, Antoine Craigwell, Cary Alan Johnson, Gary English, and Tokes Osubu.
Osubu spoke about GMAD's recent developments and of its recent move to Brooklyn, intimating that it was not to take over the void created by the closure of POCC, but to focus on the future of his organization. English spoke of the need for the NYSBGN to file for Chapter 7 Bankruptcy as there were large debts which were preventing the organization from moving forward. He mentioned that prime funders, representing the New York State Department of Health and Mental Hygiene and the U.S. Centers for Disease Control, were in the audience, as well as representatives from the New York law firm, Simpson Thatcher and Bartlett, LLP, who are assisting in the bankruptcy procedure and whose services, English said, are pro bono.

The NYSBGN, according to English, consists of between 15 or 16 agencies across the state, from Buffalo to Long Island. However, reports from a number of sources said that at one time, the Network consisted of representatives from 25 agencies, but through disaffection with responsibility and accounting, many grew disenchanted and withdrew their support.

A Chapter 7 Bankruptcy filing, according to the U.S. Courts Website, provides "for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors."

NYSBGN financial statements as of Dec 31, 2007, obtained by GBMNews.com reveal that the organization owes approximately $450,182 in debts to a number of people, including, according to a memo dated Mar 28, 2008, from the organization's accountants, N. Cheng & Co., P.C., a net deficit of $190,182, $179,000 to a large list of debtors, among which is N. Cheng & Co.; $24,000 to the non-profit lending agency, Fund for the City of New York; and $57,000 to the IRS, which does not include penalties and interest. In 2007, a former executive director, Colin Robinson, won a judgment and was paid $40,000, Supreme Court of the State of New York, Kings County, Colin Robinson versus New York Black Gay Network, Index No. 22430/07. There is a report that English and the Network have filed a counter suit against Robinson in hopes of reclaiming the money.
"It's inexcusable that you're filing for Chapter 7. What have you done with the money?" Steven Williams asked when the forum was opened up for questions.

Following Williams' question, the anger in the room was palpable and a heated exchange ensued between English, Williams and other members of the audience. Williams added that this situation demonstrated a failure in Black gay organizations and leaders and further challenged English to explain to the Black gay community how this breach of trust and shame could have happened.
Responding to the charges, English said that filing for Chapter 7 Bankruptcy is the best way to go and that it was about transparency. He said that because of the legal issues involved, he was not able to speak in specifics about the next steps. While acknowledging that attorneys assisting with the bankruptcy filings were present, he indicated that charges had also been filed with the District Attorney's office against Mark McLaurin, the Network's last executive director, who allegedly was accused of stealing funds.
Section of audience
To more cries from the audience for accountability and vetting, English admitted that neither he nor any other of the Board members of the Network did a good job of checking the former executive director's references or doing a thorough due diligence.

"He had a history of stealing from many previous community based organizations and we have filed another lawsuit against him," said English.

Interjecting a comment into the heated discussion, Johnson said that a number of people were accountable, including the Board of the organization, made up of representatives of organizations throughout the state, who allowed the misappropriation to occur, and the staff, who saw money being spent and did or said nothing.

When Gardner had restored order and calm had returned to the meeting, one audience member suggested that the way forward was to create a watch-dog body either out of the Network or outside of the Network to hold the leaders accountable. Many people are angry, the commentator said, because the Network has lost the trust of the people.

Edwin Matthews said that with all that transpired with the agencies, as a community, it should be prepared to move on. Addressing Osubu and English he asked what ordinary people could do to address trust issues and get back on track and how could the community move forward and repair? He said that he felt less informed about what is happening in the Black gay community, such as GMAD's move to Brooklyn, than he does about the opening of the latest club.

Kevin McGruder, former GMAD executive director, called for an organizational audit of the Network to be undertaken by Community Resources Exchange to look at the procedures that allowed the abuses to occur and to make detailed recommendations on the implementation of controls, which would cover staff hiring and management, board governance, and financial oversight. Most troubling, McGruder said, was that at the Town Hall meeting he didn't get the impression that English, along with inaccurate claims of founding the organization, is prepared to acknowledge or even be aware of the steps needed to remedy the trust, as well as fiscal and organizational issues plaguing the Network.