Conciliation Agreement Working Group  

September 5, 2024

The Working Group had its first meeting with Megan Jordan, a community member representing an artist perspective. Working Group members introduced themselves, and brief bios are available below.  

 

The goals for the September 5, 2024 meeting were to 1) discuss the specific reasons that the Thrive program cannot continue in its current structure from an operations standpoint, and 2) discuss the Working Group’s scope of work.   

 

Thrive Operations & Compliance 

Section Chapter 2.112 of the Metro Code defines the Arts Commission’s authority to “award funds appropriated to it by the metropolitan council to deserving nonprofit civic and nonprofit charitable organizations.”

 

Metro Code sets law and policy for the city, but it must also adhere to and be compliant with Tennessee State law, which further elaborates on the ability to distribute funds to nonprofit organizations.

 

The Metro Code reflects the state law, Tenn. Code Ann. § 7-3-314, which authorizes art commissions to distribute money to nonprofit organizations involved in the study, participation in and appreciation of the visual, performing, or literary arts. This requirement for grants to go to nonprofits conflicts with Thrive’s purpose to fund individuals.

 

Historically, Thrive has used a process called delegated procurement to distribute payments to artists. Procurement is the process used when Metro purchases or buys a tangible good or deliverable (e.g., a reem of paper or a service that is provided directly to the government).

 

Early Thrive projects tended to be objects or public art projects and fit better into this structure. But as it grew over the years it evolved to include things like arts programs, classes, events, etc., which are out of the scope of what the procurement process can cover. All parties involve commit to continuing the Thrive or a Thrive-like program, but this method for paying artists directly cannot continue as it has since the program’s start.

 

Other Metro agencies do provide financial support to individuals, but those programs – like rental assistance or other social services – are based on an indigency requirement (a poverty measure based on financial means). Working Group members asked questions about these and other policies to ensure shared understanding.  

 

Working Group Scope of Work 

Working Group members briefly brainstormed for how Thrive could be administered for the current grant cycle. There is acknowledgement that the solution the group comes up with for the current grant cycle could change, based on immediate and long-term solutions.

 

The group acknowledged and emphasized that we want to do everything within our ability to have Thrive awards on the same or similar timeline as General Operating awards for the current grant cycle. Two preliminary ideas for administrating Thrive awards are for recipients to identify a nonprofit of their choice to serve as their fiscal agent, or for Metro Arts to identify one nonprofit that will serve as the fiscal agent in administering awards for all recipients.

 

Both ideas have many operational questions that need answers in order to consider the strengths, challenges and opportunities of each. Members will collect more information about these possible options and discuss in detail at the next Working Group meeting.  

 

Working Group Members 

• Macy Amos (Metro Legal) 

• Ashley Bachelder (Metro Human Relations Commission): Ashley has a background in public health, community-based research and teaching. She has worked in academia, nonprofit and government, and has varied experiences in health and healthcare, affordable housing and tenant advocacy, and public policy in general.   

• Paulette Coleman (Metro Arts)  

• Amanda Deaton-Moyer (Metro Finance)  

• Megan Jordan (Artist representative) 

• Tessa Ortiz-Marsh (Metro Legal) 

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Thursday, August 29, 2024

The CA required a one-hour meeting with representatives of the Title VI complainants and representatives of the Metro Arts Commission. 

• The meeting was organized and facilitated by Metro Human Relations Commission so that the complainants’ representatives could express their concerns about Metro Arts grantmaking (past, present, and future), the Thrive program, and ways of charting an equitable future for grants, particularly those to individual artists.

• Representing the complainants were Christine Hall, Robert Jones, and Lydia Yousief in person and Sangeetha Ekambaram via Webex. 

• Representation Metro Arts were Paulette Coleman, Interim Executive Director and Commissioner Beverly Watts.

• Representing Metro Human Relations Commission were Executive Director Davie Tucker and Ashley Bachelder.

 

Meeting Outcomes:

• Mutual agreement to have one additional meeting with the date, time, and place to be determined by MHRC, the facilitators

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Wednesday, August 28, 2024 

The meeting to rank order and select the fifth CAWG member took place via Webex and Megan Jordan, Ph.D. was selected as the fifth member of the CAWG.

 

Meeting Outcomes:

• All four CAWG members were invited to each nominate one individual to be a part of the CAWG.

• Once the names of prospective members were submitted, the CAWG used a rank order system for voting on the fifth member of the CAWG.

• Three names were submitted that met the criteria of background in the arts including having a familiarity with the Metro Arts grantmaking process; commitment to civic engagement and public discourse that is respectful, civil, and productive; the flexibility to participate in the scheduled biweekly meetings and any additional meetings as deemed necessary by the CAWG.

• Profiles and background information on the candidates were provided to the CAWG to complete the rank ordering.

• CAWG met via Webex on August 28 to review and discuss their rank orderings and to use it as the basis for selecting the fifth member of the CAWG.

 

Monday, August 19, 2024 

Members of the Conciliation Agreement Working Group (CAWG) as defined in the CA convened its first meeting.

 

Members are:

• Ashley Bachelder facilitating and representing Metro Human Relations Commission;

• Paulette Coleman representing Metro Arts;

• Amanda Deaton-Moyer representing Metro Finance; and

• Macy Amos representing Metro Legal. 

 

As the attorney for Metro Arts, Tessa Ortiz-Mash was also present, but she is not an official member of the CAWG. The purpose of the CAWG is to engage in problem solving related to the future of grants programming in Metro Nashville while maintaining Metro Arts’ commitment to a Thrive-like program that is compliant with state and Metro policies and procedures. 

 

The agenda for this meeting was to cover the following topics:

1. To discuss the goals and scope of work of the CAWG as outlined in the Conciliation Agreement.

2. To determine the criteria and process for selecting the fifth member of the CAWG who will represent artists, stakeholders, and the public.

3. To determine ways to communicate routinely with stakeholders and the public about the outcomes of the deliberations of the CAWG.

4. To identify and consider next steps.

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Friday, August 9, 2024

 By Friday, August 9, 2024, the Conciliation Agreement/Voluntary Compliance Agreement under Title VI of the Civil Rights Act of 1964 was signed by all the parties. The parties were the six complainants: 

• Lydia Yousief

• Christine Hall

• Sangeetha Ekambaram

• Robert Jones

• Donna Caldwell and

• Ashley Mintz and

The two respondents: 

• Metro Nashville Arts Commission and the

• Department of Law, both departments within the Metropolitan Government of Nashville and Davidson County, Tennessee, and the Metro Human Relations Commission.