OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metro Arts Board of Commissioners Special Call Meeting - October 10, 2024

Metropolitan CouncilThursday, October 10, 2024
BodyNashville, Tennessee
SessionMetropolitan Council
DateThursday, October 10, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

Okay.

0:14

Sorry.

0:14

Okay, good afternoon, everyone.

0:16

I'm going to call the special call meeting of the Metro Arts Board of Commissioners to order.

0:23

It is 101.

0:24

I like to get started on time to respect your times because this is we are going into a holiday weekend, and also this was not originally on our calendars.

0:35

If you recall from our last meeting, this meeting is called because we did have some unfinished business that we needed to vote on.

0:43

We ended up losing quorum last week, and we do have quorum this week, so we can go ahead and make some decisions and some action items.

0:50

One reason that I call it this meeting is because on May the 30th, we will essentially have two people doing the same role.

1:00

And we need to figure out how we address that because we can't have that.

1:05

And so we are going to that was the reason I would call this meeting, and so we will follow the agenda as printed and as posted on our website.

1:15

But first I would like to turn it over to I don't see Vivian here.

1:21

Do we so we can do public comment?

1:22

We have some public comment.

1:25

Yeah, yeah.

1:28

Okay, yes.

1:29

Oh, yes.

1:30

Um let me find um are you gonna do the okay perfect.

1:39

Okay.

1:40

Lady, come on, yeah.

1:51

Okay, go ahead.

1:52

Okay.

1:53

I want to address language about Thrive and local artists.

1:56

In an email sent to this body with extremely misogynistic language from a white commissioner, Nephlin wrote, Your solutions addressing me are selfish and short-sighted.

2:06

It's interesting that Thrive recipients, significantly more BIPOC than general operating, are characterized as selfish.

2:12

But the Symphony going bankrupt multiple times and demanding taxpayer money is not, or TPAC getting 200 million from the state last year and then demanding their full six-figure sum from Metro Arts is not selfish.

2:25

Or that the opera crying over a decrease in funds is not selfish.

2:28

But when I asked for 20,000 to fund four different projects and six different artists total, the most Metro Arts has ever funded the Arabic speaking community.

2:37

And when I myself have not had the energy to practice my own art, I am a selfish person.

2:43

Nephlin, you should be ashamed of yourself and this commission should be ashamed that no one reached out after seeing such violent language from a white commissioner who was out of line.

2:52

His logic is like Republicans who disparage welfare moms, uh sucking up government money and being lazy and no good, but never have such intellects thought to analyze why Walmart is a top employer with employees on food stamps because it is not due to any fault of the Walmart employees who are not lazy, but rather the depravity of Walmart management, which actively chooses not to pay a living wage and leads to this dependency on public funds to subsidize wages.

3:19

Walmart calls it a business model when it's an exploitation of public funds.

3:24

Corporate greed, in other words, is not selfishness according to people like Nephlin.

3:29

It's a bona fide business model.

3:30

And according to people like Nephlin, calling that out and exposing it is the problem.

3:45

The more y'all allow violent language on this commission, the more harm you will commit as a commission.

3:53

Thank you.

3:55

And that was the last public comment.

3:57

Okay.

3:58

And so I do want to acknowledge we did receive an email from um Miss Janine Cristiano.

4:04

Um all the commissioners received that.

4:06

I do want to acknowledge that because she did email that um email her comment to us.

4:12

So the next thing on the agenda is our staff and communications update.

4:18

And so we do again need to address um director C's employment status and also the interim director um update.

4:26

And right now, because there's a a lot has been going on, there's been a lot of conversation about how we address this, what we do, and I do want to we do have um Director Dietz here today, and I would love to turn it over to him just to give us a little background on where we are, how we got here, and just any updates that you have for us.

4:44

Thank you, Madam Chair, and hello, Commissioners.

4:47

Um prior correspondence from attorney Jamie Holland, who represents director saying that um Mr.

5:00

Holland and I had settlement negotiations two to three months ago that um did not result in a settlement.

5:06

I'm not going to go into the reasons why, but we were not able to come to agreement.

5:11

Over the weekend, Mr.

5:13

Holland uh reached out to me and asked to meet as soon as possible.

5:19

Um we met on Monday night.

5:23

Um and he said he wanted to um see if there was a way to navigate um to a resolution um of this situation that did not result in a meeting today with Dr.

5:42

Dr.

5:42

Singh, Director Singh being terminated.

5:45

Um he understood that was a possibility.

5:48

Um so I said, okay, so are you talking about a resignation?

5:53

He goes, yes.

5:54

And I said, well, what is your demand?

5:57

And we started entering into negotiations over the dollar amount, which continued throughout the week until late last night, when we reached an agreement.

Discussion Breakdown — Share of Meeting
Personnel Matters█████████████████████████████████████████████54%
Public Engagement██████████12%
Procedural█████████11%
Arts And Culture████████9%
Governance Structure██████7%
Budget and Oversight███3%
Legal Affairs██2%
Public Arts██2%
Summary of Proceedings

Metro Arts Board of Commissioners Special Call Meeting - October 10, 2024

The Metro Arts Board of Commissioners held a special call meeting on October 10, 2024, at 1:45 PM CT. The meeting was convened to address unfinished business from a prior meeting where quorum was lost, specifically regarding the employment status of Executive Director Singh and quorum clarification. Commissioners voted unanimously to accept a settlement agreement for Director Singh's resignation and extended his administrative leave. Public comment was received, and the interim director provided a first-week update.

Public Comments & Testimony

  • Janine Cristiano (via email read aloud) criticized language used by Commissioner Nephlin in a previous email, calling it misogynistic and harmful. She defended Thrive recipients, stated that her request for $20,000 to fund four projects for the Arabic-speaking community was the most Metro Arts had ever funded that community, and accused the commission of allowing violent language. She compared the logic to Republican rhetoric about welfare and corporate greed.

Discussion Items

  • Settlement with Director Singh: Director Deets (Metro Legal) presented the terms of a settlement agreement reached after negotiations with Director Singh's attorney, Jamie Holland. The agreement includes:
    • Director Singh resigns as Executive Director of the Arts Commission.
    • Metro pays a lump sum of $100,000 from funds allocated to the Law Department for claims (not from the arts budget).
    • Director Singh signs a full release of all claims and dismisses his pending complaint with the Tennessee Human Rights Commission.
    • The agreement is subject to approval by the Metro Council at its next meeting on June 4, 2024 (note: this reflects transcript date; actual meeting date is October 10, 2024).
    • Director Singh will submit a written resignation within two days of Council approval.
  • Quorum Clarification: Attorney Ortiz Mars provided a memo stating that the quorum for the Metro Arts Board is eight commissioners, based on a conservative interpretation of the Metro Charter and bylaws. The Chair noted plans to bring bylaw amendments to a future executive committee meeting.
  • Interim Director Update: Dr. Paulette Coleman, interim director for seven days, introduced herself and her background (PhD in urban planning from MIT, nonprofit executive, editor). She reported on her first week: attending commission meetings, budget hearings, and staff meetings. Priorities include closing FY24 grants, revising FY25 guidelines, and strengthening organizational infrastructure. She noted the staff is enthusiastic but office space limits cohesion.
  • Executive Director Search: HR Director Shannon Hall outlined the standard three-to-four-month executive recruitment process: job posting with commission input, supplemental questions, panel interviews with stakeholder involvement, background and reference checks, and final public interviews. Commissioner Love asked about the interim director's role (if not a candidate), due diligence on backgrounds, and probationary status for the executive director (at-will under Metro Charter).

Key Outcomes

  • Vote on Settlement Terms: Motion by Commissioner Nephlin, second by Commissioner Jester. Approved unanimously (10-0).
  • Vote to Extend Administrative Leave: Motion by Commissioner Lefkowitz, second by Commissioner Watts. Approved unanimously (10-0) to keep Director Singh on administrative leave with pay through June 8, 2024 (pending Council approval of settlement).
  • Conciliation Update: Commissioners Jester and McCoy reported that confidential conciliation has begun regarding the Title VI complaint with the Metro Human Relations Commission, involving the Law Department, Finance, and complainants.
  • Public Art Announcements: Commissioner West noted upcoming unveilings at Donaldson and the fairgrounds (dates via email), and a panel event at the Luby Center on June 10, 2024, featuring Creative Girls Rock.

Next Steps

  • The settlement will be presented to the Metro Council on June 4, 2024, for approval.
  • If approved, Director Singh's resignation becomes effective June 6, 2024.
  • Executive committee meeting will be scheduled to discuss bylaw amendments addressing quorum and other issues.
  • The executive director search process will begin with HR guidance at a future commission meeting.

Meeting Transcript

Okay. Sorry. Okay, good afternoon, everyone. I'm going to call the special call meeting of the Metro Arts Board of Commissioners to order. It is 101. I like to get started on time to respect your times because this is we are going into a holiday weekend, and also this was not originally on our calendars. If you recall from our last meeting, this meeting is called because we did have some unfinished business that we needed to vote on. We ended up losing quorum last week, and we do have quorum this week, so we can go ahead and make some decisions and some action items. One reason that I call it this meeting is because on May the 30th, we will essentially have two people doing the same role. And we need to figure out how we address that because we can't have that. And so we are going to that was the reason I would call this meeting, and so we will follow the agenda as printed and as posted on our website. But first I would like to turn it over to I don't see Vivian here. Do we so we can do public comment? We have some public comment. Yeah, yeah. Okay, yes. Oh, yes. Um let me find um are you gonna do the okay perfect. Okay. Lady, come on, yeah. Okay, go ahead. Okay. I want to address language about Thrive and local artists. In an email sent to this body with extremely misogynistic language from a white commissioner, Nephlin wrote, Your solutions addressing me are selfish and short-sighted. It's interesting that Thrive recipients, significantly more BIPOC than general operating, are characterized as selfish. But the Symphony going bankrupt multiple times and demanding taxpayer money is not, or TPAC getting 200 million from the state last year and then demanding their full six-figure sum from Metro Arts is not selfish. Or that the opera crying over a decrease in funds is not selfish. But when I asked for 20,000 to fund four different projects and six different artists total, the most Metro Arts has ever funded the Arabic speaking community. And when I myself have not had the energy to practice my own art, I am a selfish person. Nephlin, you should be ashamed of yourself and this commission should be ashamed that no one reached out after seeing such violent language from a white commissioner who was out of line. His logic is like Republicans who disparage welfare moms, uh sucking up government money and being lazy and no good, but never have such intellects thought to analyze why Walmart is a top employer with employees on food stamps because it is not due to any fault of the Walmart employees who are not lazy, but rather the depravity of Walmart management, which actively chooses not to pay a living wage and leads to this dependency on public funds to subsidize wages. Walmart calls it a business model when it's an exploitation of public funds. Corporate greed, in other words, is not selfishness according to people like Nephlin. It's a bona fide business model. And according to people like Nephlin, calling that out and exposing it is the problem. The more y'all allow violent language on this commission, the more harm you will commit as a commission. Thank you. And that was the last public comment. Okay. And so I do want to acknowledge we did receive an email from um Miss Janine Cristiano. Um all the commissioners received that. I do want to acknowledge that because she did email that um email her comment to us. So the next thing on the agenda is our staff and communications update. And so we do again need to address um director C's employment status and also the interim director um update. And right now, because there's a a lot has been going on, there's been a lot of conversation about how we address this, what we do, and I do want to we do have um Director Dietz here today, and I would love to turn it over to him just to give us a little background on where we are, how we got here, and just any updates that you have for us. Thank you, Madam Chair, and hello, Commissioners. Um prior correspondence from attorney Jamie Holland, who represents director saying that um Mr. Holland and I had settlement negotiations two to three months ago that um did not result in a settlement. I'm not going to go into the reasons why, but we were not able to come to agreement. Over the weekend, Mr.

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