Tuesday, February 19, 2019

OWNERSHIP WITHOUT CONSEQUENCES

A long time ago, we were in the Bahamas with friends. I was gambling, losing badly at the craps table, and getting fermischt. At one point, I lost my bet but in an hallucinatory moment picked my friends' winnings right off the table. Luckily, my friend merely pried his money from my sweaty palms. There was no question whose money it was. I apologized profusely.

A similar theft in a more complicated scenario is on-going in Jewish communal life. You see, once funds have been allocated by a community to, e.g., a local agency or to JAFI/JDC/WorldORT those dollars are owned by the agencies, by the communal partners, not by the federations which made the allocations and, in the instance of overseas allocations clearly not by JFNA. The federations from the moment of allocation collects and holds those allocated dollars in trust for the beneficiaries, pure and simple. 

Back in the day, when a community built up an account payable from its unpaid overseas allocations, the United Jewish Appeal would determine the amount unpaid and, in a true lay-professional effort, leadership would visit the community and, typically, with community leaders willing to act in good faith, work out a plan for repayment -- most often, a multi-year payment plan, a reduced total, in consideration of which the federation would agree to an allocations increase over time. Both the community and the UJA acknowledged that the allocated and unpaid dollars were the property of the intended beneficiaries.

In this process I had great lay partners -- dear friends, serious, passionate lay leaders like Alan Shulman and Norman Tilles, z'l, and others -- and superb and dedicated professionals: first, David Agronin right through the incredible Cheryl Lefland, all working with the UJA CFO, the brilliant Lee Twersky. We continued this effort into the JFNA era where CFO Sam Astrof shared the commitment of his predecessors to this sacred obligation-- an obligation JFNA honored at least for a time. 

That was then; and this is now.

The functioning "Financial Relations Committee" that UJA brought into the merger survived, its lay and professional leaders joined together in what we saw as sacred work until Kathy Manning succeeded Joe Kanfer as Chair. Manning decided that she would drive the financial effort herself (as in all things) and without regard for the impacts of write-offs of allocated funds on JAFI or JDC or WorldORT. Deals (on Dues as well as allocations) were cut with no further governance approval beyond Kathy's imprimatur on them. The deals were now done under the cloak of claimed "confidentiality" hidden from view, as was and is so much at 25 Broadway.

Eventually Cheryl Lefland left the organization, leaving allocations matters to the new CFO, long-serving Pam Zaltsman, who believed in a "make no waves" financial operation; a truly serious Financial Relations Committee effort disappeared and, with that disappearance, any sense of fiduciary responsibility -- of JFNA to JDC/JAFI/WorldORT -- disappeared as well. The Financial Relations Committee had acted as a fiduciary should (whether I Chaired it or Alan Shulman or, ultimately, whether Jacksonville's Steve Silverman did so), a trustee, if you will, for the overseas beneficiaries.

Now, there would be none.

And, so, where are we today? Is it true that senior JFNA professionals advised communities that they can just write off millions in allocations receivables -- dollars owed not to JFNA but to JAFI/JDC/WorldORT -- as they saw fit...with no consultation with JAFI/JDC/WorldORT, no governance process?  JFNA's interest is only in collecting its Dues, the overseas beneficiaries be damned. 

And what is the authority for JFNA senior professionals allegedly doing so? None!!! Were the overseas beneficiaries to demand an audit of allocations write-offs, the consequences would be, should be enormous.

No one should have needed to explain to the professionals who have delivered these write-off messages/directions to communities that those allocated dollars and the receivables created to pay them are held in trust by the federations for the beneficiaries. They are no longer the "property" of the allocating community; they are held in constructive trust pure and simple. Instead we have a further corrupt practice...unchecked....engineered by senior management without the authority to do so. 

This pathetic situation would not continue if the sun were allowed to play its Brandeisian role of disinfectant. But it is not.

Specifics to follow. 

Rwexler


6 comments:

Anonymous said...

Richard, true to your point, is anyone going to follow up on this with Richard Sandler and now Mark Wilf?
It would seem to me that this particular issue would be one that would come up in any discussions of leadership succession by an interested candidate.
As with most succession or hiring procedures, a talented candidate would ask the tough questions.
Conversely, the hiring organization should be completely transparent regarding any skeletons in the closet. Refer to the recent disclosure of what happened in St. Paul.
I wonder how this played out at JFNA.

Anonymous said...

There is nothing to wonder about. They couldn't care less about funding for their overseas "partners." All that matters to them is that they get their own dues and, for overseas, that they get funds that they can use to build their own "global operations" empire and "coalitions" that they control.

Anonymous said...

It is not just that JFNA leaders -- and, in particular the professional leaders -- don't care about the overseas partners that they have a moral responsibility to protect and enhance, it's that the lay leadership (I'm talking about you, Wilf, you Sandler, you Shapira) allow things like the St.Paul fraud to perpetuate (not just in St. Paul but, in all probability, others) and are willing to turn themselves away from their their leadership responsibilities pretending it's someone else's problem, never theirs.

Anonymous said...

A "merger" of 3 organizations would mean that the functions of the "merging" organizations would be incorporated into the new "merged" body. There was never a "merger!"
Instead, the UJA was almost immediately destroyed, its functions becoming almost nonexistent - no national campaign for overseas and no serious advocacy for overseas - certainly not for our overseas "partners."
UIA was allowed to live for awhile, despite numerous attempts to get rid of it from time to time, but its independence, true Zionist agenda and active lay leadership style and involvement were too much for the "Jewish communal service professionals" to bear. So now they are about to complete what they wrongly depict as a "merger" but is really just the survival of one organization and the destruction of two others.
The remaining umbrella trade organization, with so much of its function removed, is not likely to last long either now.
We are completing the so-called "merger" and it is becoming clear that we are "merging ourselves to death."

Anonymous said...

Apparently, JFNA will be silent when it comes to racism from the PM. What does it say about the Jewish world when AIPAC is openly critical of the deal between Bibi and the Kahanists and JFNA is silent? Jerry has said that the JFNA will not be making a comment on this.

Continuing to be silent on this will not play well for the JFNA. Silence here is a shameful response! This is not about the elections. It is about racism pure and simple. The AJC, URJ Rabbi Benny Lau (whose father is a rabbi and a survivor) and even AIPAC made statements concerning this. This is a total embarrassment for JFNA. There are things in this world more important ultra right wing donors and their money! Saying no the the fascism and racism of Kahanists is one of them.

Bob Hyfler said...

Just posted on EJP...my challenge to us all.

https://ejewishphilanthropy.com/the-open-jewish-community-from-no-boundaries-to-communal-assemblies/