Metro Arts Commission July 2024 Meeting - Audit, Conciliation, and FY25 Budget
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Metro Arts Commission July 2024 Meeting - Audit, Conciliation, and FY25 Budget
The Metro Arts Commission held its July meeting on 2024-07-18 at 12:11 PM. The meeting included public comment, approval of minutes, a detailed internal audit presentation, a vote on a conciliation agreement with the Metro Human Relations Commission (MHRC), presentation of the FY25 budget, and committee updates. The commission voted unanimously to accept the conciliation agreement in principle.
Consent Calendar
- The commission unanimously approved the minutes from May 16, 2024, and May 24, 2024, with noted corrections (identifying a speaker and attendance correction).
Public Comments & Testimony
- Lydia Yusuf, a Title VI complainant, expressed that the proposed conciliation agreement is not true conciliation. She argued that direct funding to artists benefits the economy and community, citing a Thrive recipient who used $10,000 to pay 28 local artists. She questioned whether the commission is beholden to bureaucrats and urged them not to let legal and finance steer them into another lost time.
- Reverend Davy Tucker urged the commission to accept the conciliation agreement, noting it is not perfect but creates a common starting point. He highlighted that the council, MHRC, and other entities are watching, and that easy is not always the best path. He offered continued assistance from MHRC.
- Councilwoman Joy Stiles spoke about recently withdrawn bill BL 2024 343, which sought to place a council member on the commission and require council approval for grants. She noted an amendment removed the council member by a close vote, partly influenced by a perceived email from the executive committee (which was actually an individual commissioner's opinion). She asked the chair for clarity and stated she will reintroduce the bill. She also highlighted securing an additional $250,000 for the commission on top of the budget, with a goal of $10 million by 2027.
Discussion Items
- Internal Audit Report: Lauren Riley (Metropolitan Auditor) and Bill Walker (Audit Manager) presented an audit of Metro Arts' financial processes. Key findings: a scope limitation due to poor documentation prevented a solid opinion on grants and Thrive awards; there was intentional and pervasive circumvention of rules in financial controls (split purchases, bypassing HR for temporary employees, improper leave types). Observations included lack of policies, succession planning failures, strained relationships with central departments, and blurred lines between governance and management. The report contained 12 observations and 35+ recommendations. The commission discussed follow-up, with Dr. Coleman expected to provide a management response and estimated completion dates. A follow-up audit will occur later.
- MHRC Conciliation Agreement: Attorney Tyler Yarbrough presented proposed terms to resolve a Title VI complaint filed in October 2023. The agreement includes: (1) paying $564,828.48 to 26 muralists and 13 small/micro organizations that met eligibility but were not funded; (2) extending grant reporting deadlines; (3) committing to find a legal path for a Thrive-like program (noting current program does not comply with law); (4) developing clear guidance for boards and commissions; (5) robust community engagement; (6) continued conciliation meetings with complainants. The commission voted unanimously (9-0) to accept the terms in principle and authorized Yarbrough and Dr. Coleman to finalize a written agreement by July 31, 2024.
- FY25 Budget: Chris Afote presented the operating budget for the division, excluding grants and the additional $250,000 from council. Monthly financial statements will be provided to the commission. Discussion focused on the $352,600 in management consulting services and potential reallocation.
- Committee Updates:
- Public Art Committee: Announced expanded lending library (53 new works to five branches) and upcoming community events (reception July 18, mural celebration July 27, bus shelter celebration August 17).
- Budget and Oversight Committee: Planning meetings to address audit recommendations, focusing on public arts and HR processes, and will review FY24 close-out and FY25 documents.
- Grants and Funding Committee: In holding pattern due to conciliation; next meeting August 12; planning a public meeting for community input on new grant processes.
- CARE Committee: Realignment efforts; meeting monthly for deeper community involvement; next meeting in August.
- Executive Committee: Discussed timeline for executive director search (search committee to be formed), bylaws review (commissioners to submit suggestions by August 1), nominating committee appointed for officer elections, and clarified board roles (policy vs. operations). Chair Love emphasized that staff report to the director, not directly to commissioners.
- Commissioner Roles Clarification: Commissioner Lefkowitz addressed sending an email to council opposing a bill, clarifying it was her personal opinion, not the commission's. Chair Love reminded commissioners not to give the appearance of speaking for the full body.
- Dr. Coleman's Report: Provided updates on audit response, October 1 deadline for Tennessee Arts Commission, and progress on a "State of Metro Arts" report. Stressed need for policies and manuals, and noted staff's hard work.
Key Outcomes
- Approved May 16 and May 24 minutes with amendments.
- Voted unanimously (9-0) to accept the MHRC conciliation agreement in principle, with authorization to finalize by July 31, 2024.
- Directed staff to provide a written response to the internal audit with action plans and estimated completion dates.
- Agreed to provide monthly financial statements to the commission.
- Scheduled August committee meetings: Budget and Oversight (Aug 6), Public Art (Aug 8), Grants and Funding (Aug 12), Commission (Aug 15).
- Established a nominating committee (Commissioners Wade, Harden, Jester) for officer elections at the August commission meeting.
- Commissioner Lefkowitz to distribute a weekly list of Metro Arts and council meetings.
- Grants and Funding Committee reported 76 of 76 operating grants paid ($1,751,210) and 95 of 96 Thrive grants paid ($2,347,924.31), with one pending ($6,500).
Meeting Transcript
All right. Good afternoon, everyone, and welcome to our July meeting of the Metro Arts Commission. Um call us to order at 1211. Again, welcome and welcome to all of our um visitors and our audience. We do have a full agenda today, and so um I would just ask that people be reminded and be mindful of um their time. Uh be mindful of um during public comment, you know, sticking to your two minutes because we do have a lot to handle today, and we want to make sure that we are respectable respective of everyone's time. I do want to welcome one of our new commissioners, Mr. Evan Brown. Do you want to introduce yourself or say anything on the record for us? Um what time is it? Good evening after uh afternoon, everybody. Uh Evan Brown, uh, independent curator gallerist uh here in Nashville, uh work with Self for Artists and and uh some community partners here in Nashville. So I'm excited to be on the board and uh thank you to you all for having me. Thank you so much. I do want to do um a land acknowledgement. I've been working through this, and I said this um in um in the executive board meeting, but I do want to kind of tweak our our land acknowledgement a little bit, but until we figure what that looks like, I'll do this land acknowledgement. We acknowledge that we are on the the traditional land of an indigenous people who have lived and cared for this land for generations. We pay our respects to their elders, present, past, and emerging, and recognize their enduring connection to this land, water, and community. So now it's public comment period, and um before I turn it over to um Vivian to do our time and let us know who's all on um in the queue for public comment. Just understand that we do have two minutes and we are trying to stick to that those two minutes, and um you had to sign up prior um to coming in here. We will have a total of 20 minutes for all public comment. Um hold on cheer. All right, so um Vivian, um, how are we ready for public comment? Yes. Okay, if you are who's first on the list. First, we have Ms. Lydia Yusuf. Okay. And remember to hit the green um button so that people online can hear you. Okay, perfect. It's already on. All right, thank you. I'll let you know when your time starts, and I'll also let you know when you have one minute. Okay. Your time starts now. As one of the Title VI complainants, I just want to vocalize that this is not conciliation. The issue that happened last year was about discrimination and the potential lawsuit that happened because of that discrimination against working class artists against the will of the council, the people, and several BIPOC and allied commissioners and the director. It was not about the application or the artists and their projects. My thoughts on this agreement were recorded at the MHRC meeting last week alongside three of the complaintants. So I'm not gonna take up too much time on that. But I will say one of the failures of this agreement is to protect Thrive and our tax dollars. Truly progressive cities like Charleston, Durham, Atlanta, Miami, Houston, Portland, Chicago, and more uh and more fund their artists directly. They even fund festivals and cultural events. Why? Because direct funding to artists benefits the economy and the community. I spoke to a Thrive recipient who, with her 10,000, paid out 28 local artists for multiple re events in north and east Nashville. When there's an investment locally, that money stays local and builds Nashville. Local artists collaborate and reinforce an ecosystem and culture of belonging and inclusion. That multimillion dollar institution simply cannot. Dozens of hands went into the air.
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