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AFAN’s Zero Tolerence Policy: Silence = Services Critical clients gagged by intimidating policy Email reaching out to AFAN Executive Director Jennifer Morss for comment sent at 9:08 a.m. on Monday, May 23 remained unanswered, unacknowledged at 5 p.m. on Wednesday, May 25. Subject: Zero Tolerance Policy Date: 5/23/2011 9:08:03 AM Pacific Daylight Time From: Lvnightbeat@aol.com Reply To: To: jennifer@afanlv.org Sent from the Internet (Details) Good Morning, A couple of questions about the policy: • When was this policy instituted? • Is this a policy of AFAN or of one department within AFAN? • Was this policy approved by the AFAN Board of Directors? • Why are your definitions of slander and liabel so different from commonly accepted definitions. (defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.) • How many AFAN clients’ services/privileges have been suspended or terminated under the Zero Tolerance Policy? • How many AFAN clients’ services/privileges have been suspended or terminated under section “h” of this policy? • Is there a process for review, where a client is given the opportunity to defend his/her alleged actions prior to services/privileges being suspended or terminated? What is that process and who makes the decision to suspend or terminate service/privileges? Is there a board or panel which reviews the case? Who is on the panel or board? • Do you view this policy as being a threat to free speech? Is it intended to intimidate and silence critics? Thanks for your input. I’m on deadline and would appreciate your answers as soon as possible. Bill Schafer Publisher Las Vegas Night Beat
Editor’s note: Relying on the comments of people who won’t allow their name to be used, can be a sign that the wool is being pulled over one’s eyes. Night Beat has attempted to get comments from AFAN’s Executive Director, Jennifer Morss, but received no response (see the box below). Those folks who have spoken to the Night Beat all have acknowledged the crucial role AFAN plays in delivering services to the HIV/AIDS community. They are emphatic in saying they do not want to see AFAN go away, but want client services and employee treatment improved. Hopefully, the Board of Trustees is now on notice and will take action to see atrocious, heavy-handed, intimidating policies changed. There are other serious accusations being offered up by AFAN critics. We’ll continue to attempt a dialog with Jennifer Morss and we’ll continue to report on claims of heavy handed policies and activities.
By Bill Schafer Night Beat Publisher Make no mistake about it: those folks voicing their concerns about Jennifer Morss’ alleged strong-arm tactics are not trying to shut down Aid For Aids of Nevada (AFAN). They have expressed their opinion that the HIV/ AIDS agency is vital to the clients they serve. The collected opinion of those who’ve been interviewed for this article is that the agency was once a shining example of the GLBT community’s taking care of itself. They fear AFAN has changed into an organization whose goals are to increase funding, decrease services, line insiders’ pockets and maintain their empire. They worry AFAN’s Board of Trustees is directly controlled by Executive Director Jennifer Morss, and that some members of the Board may have profited from their service on the Continued on next page
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Suspension of services: an alternative approach Board, or may be currently directing AFAN’s resources to friends in order to maintain strict control over what employees do and say about the organization even outside of work. One former employee claims any disagreement with AFAN policy – even in one-on-one, private conversations
with Morss – will probably be met with termination of employment, perfectly legal since Nevada is a right-to-work state.
Zero Tolerance: rewriting ‘slander’ and ‘libel’ definitions AFAN’s Zero Tolerance Policy for clients is printed below, as supplied by several clients or former clients. While most of the policy appears to be reasonable, although broad and subject to interpretation, the last item, “h” appears
Zero Tolerance Policy AFAN strives to deliver quality services to all its eligible clients and offers a comfortable/safe environment in which to obtain services. We do, however, reserve the right to suspend or terminate a client’s services/privileges for any of the following: a. Threats and/or incidences of assault, theft or abusive behavior towards our staff, volunteers and/or clients. b. Possession, selling, distribution of any elicit controlled substance and or alcohol. c. Theft or selling of food vouchers, bus passes, nutritional supplements, prevention materials or other AFAN distributed materials/property. d. Providing falsified or fraudulent information in order to obtain services. e. Physical or verbal threats against other clients, volunteers, or staff on AFAN premises, supporter premises, property, events having to do with AFAN. f. Possession of weapons on AFAN property or any events having to do with AFAN. g. Sexual harassment/misconduct towards AFAN staff, volunteers, and/or clients. h. Slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing, but also picture, sign or electronic broadcast)
Any clients, staff, volunteers, or visitors who encounter and/or witness the above incidences of misconduct must complete an AFAN incidence report (available in the AFAN main office). Once the incidence report is completed, it will be processed by the departmental supervisor and reviewed by the Executive Director to determine appropriate punitive actions
________________________________________ Signature
________________________ Date
________________________________________ Client UID #
________________________ Staff Initials
Revised 9/06
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to place a gag on any and all client criticism of the organization. Slander and libel are customarily defined as the telling, writing or broadcasting of an untruth which will harm the reputation of the person defamed. Apparently, under AFAN’s written policy, one cannot utter any harmful statement, regardless of its truthfulness, because their policy redefines the words “slander” and “libel”.
Policy may be legal, but … We asked Dane S. Claussen, Executive Director of ACLU of Nevada for his opinion of the AFAN Zero Tolerance Policy. Claussen is not an attorney, but here’s what he had to say: “AFAN is a nonprofit organization, not a government agency. AFAN can have whatever policy they want as long as it does not violate city, county, state and/or federal laws. Like other nonprofit and for-profit organizations, they have wide latitude with employees (Nevada is an employment-at-will state) and with who they want to serve.” “Employees, former employees, or clients who have issues with AFAN have no legal recourse, unless AFAN has a violated a law. Their best option is to make a stink with the news media and/or address their concerns to government officials who oversee monetary allocations to AFAN.” Well, some clients and other interested folks feel AFAN’s policies are intimidating to clients, and they’re talking to the Night Beat.
Suspension or termination of services There is talk among the people interviewed by the Night Beat of clients allegedly getting permanently banned from the AFAN building and from receiving services. One particular individual is a homeless sex trade worker and substance abuser who may have caused problems at the AFAN offices. The person reporting this to the Night Beat explains this might be due to the drug abuse or the prescribed medications this person is on. This former client reportedly does Continued on next page
Intimidation via website … or just an ivory tower? not want to speak out for fear of reprisals by the organization. The person telling of this individual has suggested that the case workers are well-paid to deal with some of this, and there are ways of dealing with outbursts other than banishment from the program for life. Employee training is the suggested remedy. On the other hand, Saint Therese Center HIV Outreach has an established procedure for dealing with the rare individual who is abusive. Father Joseph I. O’Brien, O.P., Executive Director of Saint Therese Center provided a letter to illustrate the method which that organization uses in dealing with repetitively disruptive clients. Their method does not include banishment for life. It acknowledges “that your medicine and or reaction to medicine may be the cause of your anger and frustration. Of course that can not be
taken out on the people who are here to help you. So I suggest talk to your doctor and see if that is a root cause of your frustration.” After explaining to the client that they are no longer welcome to use any of Saint Therese Center HIV Outreach services, he goes on to explain that this decision is open to change when their doctor writes that the client is addressing the situation and that they need the programs for continued health. The client is then informed of the procedure for contacting a member of the Discipline Committee for reconsideration and the steps in the process. Father Joseph assured Night Beat that charity is Saint Therese Center’s reason for existing. AFAN’s policy on appeal of suspension or termination of services in not known, since the Night Beat has not received any response to its inquiry.
Nor are the procedures for appealing or reversing the suspension of services.
Website as intimidation tool? The AFAN Website, www. AFANLV.org, currently lists David R. Parks as a Trustee. David R. Parks is a State Senator who served on the Board until August 2010. Appearing to have a state senator on the Board might be useful in maintaining an image of power for the organization. It could be thought of as intimidation toward anyone contemplating challenging the organization’s authority, or challenging the executive director’s appointment Continued on next page
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Clients in need intimidated by Zero Tolerance Policy “I am right with you on the AFAN debacle. They are run like a NAZI camp. It stands for Assholes For AIDS Nevada. Besides their draconian No Tolerance as co-chair of the policy, they really aren’t user friendly at Ryan White Planning all!!!!!!!!!!!! Council. “I am lucky to be very healthy, (zero Oversight viral load, tons of T-cells, unfortunately Eliminated? Emailed opinions reflect also have HEP C ), but if I weren’t client frustration According to Senator Parks, [healthy] it would be a major challenge and struggle both physically and mentally “I served as a trustee of AFAN from Several emails have come in to the to jump thru all their f***ing hoops. 11/86 until 8/10 (23 years, 10 months). Night Beat, but the authors have not “An example: last Friday I went Prior to becoming a trustee, I was a responded to our requests to use their full in for my monthly bus pass, which is a volunteer for two years. I was removed names. At the risk of being accused of whopping $30 that it costs them. as a result of revised bylaws. Now an individual has to list their The revision limited the period a appointments on a sheet, which person may serve as a trustee and “Aid for AIDS of Nevada (AFAN) they log, then you have to carry I exceeded that term. I also voted provides support and advocacy for around a small Manila envelope against that bylaw change because and have whomever sign the I felt that continuity of board adults and children living with and appropriate date box and where membership was very important affected by HIV/AIDS in southern the appt. was. This also applies to to providing adequate oversight of Nevada. AFAN works to reduce HIV the St. Therese food bank. They staff.” infection through prevention education magnanimously allow you a total Could the bylaw change have to eliminate fear, prejudice and the of 5 trips per month to either the fallen in line with a plan to pad stigma associated with the disease.” store and/or any food bank. I listed the AFAN Board of Trustees with a total of eight and was told that allies of the executive director? – Part of AFAN’s Mission Statement isn’t allowed. When I explained Perhaps adequate oversight is that not having a car required more not a goal of the organization. “AFAN is committed to a system that often trips to the store for stuff With allies filling the seats, client nurtures personal growth and dignity they didn’t even flinch and stuck concerns can be ignored and of persons served, which is emphasized to the policy. Then the very polite staff can run roughshod over any Aronca who was helping me had “troublesome” clients. during orientation, ongoing staff someone named Karina standing There is no contact trainings and the culture of our over her back, who told her to information for specific trustees organization. “ only give me day passes instead or the executive committee on – Part of AFAN’s Mission Statement of a monthly. So I get 10 trips in the website’s “Board of Trustees” a month now for $20 instead of page. This ensconces the trustees unlimited for $30. That would take in a virtual “ivory tower”, where falsifying the communications, we’ll run away their Caviar budget!!!!!!!!! they are not easily accessible to any them, without attribution, as the writers “I have been actively looking for person or organization with a desire to seem to represent a large segment of work and need to have a full pass to contact them directly. the community who are upset with the accomplish this. I am barely covering They needn’t concern themselves policies of AFAN, but under threat of my rent and my friends pay my power with any client complaints or appeals. suspension or termination of services, are bill to help. Of course, the Gestapo board They needn’t be concerned with afraid to be identified. denied me any of that Hopwa federal bothersome media inquiries. They can These are opinions. The statements money they are getting, because they said believe just what they’re told by staff. are not necessarily true, and the Night I was “not qualified “. Does not the fact And budgets can be approved without Beat has not verified the content of that I am poz , have health issues due to confidential comments from interested these e-mails as factual. They’re being Hep C, am unemployed and looking, and parties. reprinted to demonstrate the frustration have been poz since 1986 factors to be It should be noted the website AFAN clients apparently feel toward that considered??? contact information lists the AFAN organization. “There are about 3 people there that address, telephone number, fax number –•– should be there, and that is it. I feel real and an email address. It’s inconceivable A client we’ll call “Michael” sorry for someone that isn’t articulate that the listed contact information goes expressed his opinion and frustration: or sophisticated in these matters, or – unfiltered – to any of the Trustees. “Subject: AFAN HELL!!!!!!!!!!!!! Continued on next page For the record, the site lists the Executive Committee as: Patricia Saavedra, Board President; Scott Washburn, Vice President; Nycole Cummings, Treasurer; Erich Christjansen, Secretary. Trustees listed include: David R. Parks, Guy Gugino, Marek Bute, Lily Kordic, Cammy Warden.
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Emails, while not factual, reflect client frustration extremely sick and can’t run all over ”AFAN gets federal funding and private town to fulfill their ‘requirements.’ donations, as well as donations from see if You are spot on about that overhead. the Black and White Party which are they can’t find a It shouldn’t be more than one third in any supposedly for food and bus passes. How way to shut down situation. Maybe those crazy nuns should come we, the HIV clients never receive this fraudulent outfit run AFAN. I would LOVE that!!!!!!!!!!! any food or bus passes from AFAN. sucking the blood out of “Sorry for blathering, but I have seen “– [Client A]” us taxpayers and of course that place get less friendly and more like ”My statement is the same as the let’s not forget the HIV clients a prison infirmary in the 15 plus years I above in every respect. Most AFAN themselves. have been going there. Thank “– [Client B]” God the ladies at the Again, responsible clients Wellness Center are Classy “The best thing AFAN did for me are not calling for AFAN to be Chicks!!!!! shut down. They’re hoping to was recommend me to the Saint “Keep up the good work call attention to alleged heavyand lighting the fire under Therese Center!” handed approach to client that [person] that runs the For starters, the Zero – AFAN Client services. place. Tolerance Policy needs to be “Sincerely, revised. Clients should not be “Michael” intimidated into silence. AFAN’s –•– employees are probably driving new cars Board of Trustees need to take back Another person emailed their as well working in a brand new office control of the organization. opinion: building. They do pass out free condoms High priced spin artists are not the PR “Subject: AFAN is a fraud of course” however, wow. I feel sorry for the people AFAN needs. They need real caring “Everyone knows it. I’m sending private donors who think they are making people doing their jobs in an environment some input from myself and another a difference. I think I’ll send another free from intimidation, taking care of the AFAN client who I know. message to Mr. Obama and Reid and needs of their client base.
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