Community Action Duluth retaliates against whistleblowers, ignores transparency laws, censors the press

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For a year and a half, the nonprofit organization Community Action Duluth (CAD) has had a new executive director, Classie Dudley. Ms. Dudley’s tenure at the organization has been marked by upheaval, conflict, and staff departures.

Per CAD’s bylaws, the purpose of the board of directors is to provide oversight of the organization, but the board refuses to address violations of CAD’s bylaws and personnel policies. In June of 2023, when Director Dudley fired an employee over a Facebook post, the board said and investigated nothing.

Community Action Duluth, as one of 24 community action agencies in the State of Minnesota, receives public funding to administer a variety of income-based programs for area residents—including free tax preparation and hands-on vocational job training.

Over a six-month investigation, the Monitor has documented Ms. Dudley and the board of directors retaliating against whistleblowers, ignoring transparency laws, and censoring the press—all of which could jeopardize the organization’s funding.

We present our findings here.

A new director

In February of 2022, after 4 years with Community Action Duluth, Jeff Longenecker resigned his position as the executive director.

Three months later, in May, an internal search committee settled on two finalists for the executive director position:

  1. David Clanaugh—Career administrator and former executive director of Western Lake Superior Habitat for Humanity; and
  2. Classie Dudley—President of the Duluth chapter of the National Association for the Advancement of Colored People (NAACP).

In addition to board members, the search committee included CAD employees. Office Coordinator Dawn Paquette was one of the employees. When the Monitor spoke with Ms. Paquette on June 7, 2023, she told us that Classie Dudley hadn’t been the employees’ top choice. “She was inexperienced, to say the least,” said Paquette. The 29-year-old Dudley was in her second year running the NAACP.

However, several board members strongly advocated for Ms. Dudley. “There were several of the board members that knew of her and were just kind of, like, ‘Yes!’ … Like, you know, ‘We gotta hire her! She’s going to do just wonderful things.’ So they went ahead and did that,” Paquette said.

Classie Dudley started work as the executive director of Community Action Duluth on June 6, 2022.

Paquette said she found it concerning that Dudley was running two organizations simultaneously. This concern sharpened shortly after Dudley began work. CAD employees were planning a sendoff celebration for a longtime coworker who was leaving and they invited Dudley to join them, but Dudley’s other obligations kept her from attending.

Throughout the Monitor’s investigation, Classie Dudley has not responded to invitations to comment. In a Duluth News Tribune interview published on June 25, 2022, she addressed the matter of running two organizations, saying: “It’s not as hard as people think. I have such strong committees.”

Dawn Paquette said she resigned from CAD in October of 2022, after Director Dudley slandered her to the board of directors.

The first whistleblower

CAD’s whistleblower policy states that the CAD board chair “has specific and exclusive responsibility to investigate all reported violations … in the case of an organizational violation/violation by the Executive Director.”

On Aug. 30, 2022, CAD Finance Director Lynn Habhegger submitted a formal whistleblower complaint to the CAD board of directors, describing her concerns with Director Dudley.

“Please know that I do not take this correspondence … lightly,” wrote Ms. Habhegger. “As an 18-year veteran of the military and an experienced professional with more than 25 years in leadership roles in public and nonprofit administration, I hold the hierarchy of the ‘chain of command’ in deep regard … However, my concerns have escalated to a degree that I feel warrants formal staff-to-board communication. Furthermore, as several of my concerns pertain to the organization’s financial management, it is my duty to be transparent with the board in such matters.”

Ms. Habhegger stated that Director Dudley had only met with the finance director once in the 3 months since she had taken over CAD.

A Monitor review of the board minutes lends support to Habhegger’s allegations. On Sept. 29, 2022, the board of directors convened a special meeting to review and approve CAD’s budget for Fiscal Year 2023. Seven directors listened and asked questions for an hour as Finance Director Habhegger and Development Manager Katherine Mueller presented CAD’s $2.5 million budget and funding forecast. Executive Director Dudley did not attend the meeting.

“While I am confident in my personal skills and have no desire to be ‘micro-managed,’ I find it alarming that there is such a lack of engagement by the Executive Director regarding the agency’s finances,” wrote Habhegger. “The Executive Director’s understanding of, and involvement in, the organization’s finances is pivotal to its financial health and success.”

Habhegger went on to describe several specific instances where she felt Director Dudley was failing the organization. She noted that the director of field operations position had been vacant for several months, leaving two of CAD’s most important programs without direction, and that Director Dudley could have assisted them.

Habhegger also described a situation where Director Dudley had allegedly forced one of CAD’s valued construction managers to sign a binding legal document “without fully comprehending its ramifications” and “without adequate opportunity to read and comprehend it.”

“He is now left fearing for his future career in the wake of an error that should have never happened had the proper guidance and leadership been provided,” Habhegger wrote.

Habhegger also alluded to the slandering of Dawn Paquette:

Board silence

The CAD board refuses to confirm whether they investigated Ms. Habhegger’s whistleblower complaint. No items relating to the complaint appear on board agendas or minutes reviewed by the Monitor.

The minutes for the meeting of Nov. 2, 2022, however, note the following:

This discussion seems to be about a “policy” which eliminates the whistleblower policy.

On Nov. 30, 2022, Lynn Habhegger submitted her resignation to the board of directors.

More whistleblowers

In October of 2022, shortly before she resigned, Dawn Paquette emailed her concerns with Director Dudley to Marcel Urman at the state Office of Economic Opportunity (OEO), CAD’s largest funder. Urman was scheduled to pay a monitoring visit to CAD in November to confirm the agency was in compliance with grant requirements.

Urman encouraged Paquette to have other employees contact him. “Dawn, thank you for this well thought out email,” he wrote on Oct. 7, 2022. “We have heard some complaints but none with this level of detail. Our office is aware of concerns and we are working on a plan to steady the ship … Please share this with your co-workers and tell them they too can reach out if they feel comfortable doing so.”

On Oct. 27, 2022, Development Manager Katherine Mueller sent a long email to Urman. “I have agonized about whether or not to reach out to you, but ultimately determined that I feel ethically obligated to inform you of some things that are happening at Community Action Duluth … I have worked with nonprofits at many levels of functioning and stages of life cycle. I’ve been through several executive director terminations and have worked with several executive directors who should never have been hired. What I have not seen is such an incompetent and untruthful executive director retain her position for so long after incompetence and unethical behavior is uncovered by the board of directors.”

Mueller continued:

The OEO report

When Marcel Urman visited CAD for his monitoring visit, on Nov. 2, 2022, he met with nearly a dozen employees, including Mueller, Lynn Habhegger, and most of CAD’s top managers. He listened carefully to their concerns and (according to those in attendance with whom the Monitor has spoken) left the group feeling they had been heard.

Urman’s report, which he submitted to the board of directors on Dec. 5, 2022, was a shock to the employees. None of their concerns were addressed. Instead, Urman dismissed staff complaints as “frivolous” and called for the removal of Classie Dudley’s critics from Community Action Duluth.

Urman started with CAD Board Member Alanna Oswald. Ms. Oswald, who was also an elected Duluth School Board Member, had been serving on CAD’s board since February of 2022. Oswald had also been one of the board members who had strongly advocated for Classie Dudley to be the new executive director.

Oswald, a stickler for process, drew the ire of the new executive director when Oswald requested that the board follow correct parliamentary procedure during their meetings shortly after Dudley was hired.

In an interview with the Monitor, Oswald stated that Dudley would declare meetings closed without stating a reason (a violation of the open meeting law) and would even make motions to the board herself (which executive directors are not authorized to do).

“Classie just tells them what they think and then they do it,” said Oswald. “I would be that obnoxious person that brings out the bylaws at the meeting and says, ‘Well, this is inappropriate’ and I would challenge her back. And she didn’t like to be challenged.”

Marcel Urman’s report did not call for anyone to follow correct parliamentary procedure or adhere to the bylaws. Rather, he attacked Alanna Oswald.

It is unclear what Urman means when he says Oswald is “going against the board’s recommendations to hire the Executive Director.” He offers no examples. Nor does he explain how Oswald’s actions could “put the entire board at personal risk.”

Moreover, despite Urman’s assertion, executive directors MAY be terminated without cause. CAD’s personnel policies state:

Further, CAD’s bylaws state:

No cause is necessary for removal—only a 2/3 vote of the board.

Urman’s report continued:

One paragraph earlier, Urman had ignored CAD’s bylaws. When it pertained to removing Ms. Oswald from the board, he was suddenly citing them like a parliamentarian.

Urman offered no evidence that Oswald had violated CAD’s conflict-of-interest policy. Nor did he provide evidence for his accusations of “intimidation, slander and withholding pertinent information.”

With Oswald beaten down, Urman moved on to the employees.

Here, Urman packages up the many concerns voiced by top managers over several months and collectively dismisses them as “frivolous complaints.”

It was true that CAD employees hadn’t alleged fraud or illegality against the executive director; they were reporting ethical violations. It was their right to do so under CAD’s personnel policies, which Mr. Urman does not mention in his report.

In retrospect, Urman appears to have been baiting a trap when he encouraged employees to reach out to him. Once identified, Urman targeted the leaders for punishment.

When the Monitor contacted Lynn Habhegger and Katherine Mueller for comment, Ms. Mueller responded via email on Jan. 13:

Mr. Urman had no stern words for Executive Director Dudley. Ultimately, his report concluded that CAD’s problems were due to “disruptive and ineffective board meetings, interference of staff, and a new Executive Director who is not supported to effectively manage the agency.”

Everybody leaves

Dawn Paquette resigned from CAD in October of 2022.

Lynn Habhegger resigned from CAD on Nov. 30, 2022.

Katherine Mueller resigned from CAD on Dec. 1, 2022.

Marcel Urman filed his report on Dec. 5, 2022.

At CAD’s regular board meeting of Dec. 7, 2022, the board went into closed session to vote on whether they should remove Alanna Oswald from the board. Votes are not allowed to be taken during closed sessions, but this was another state statute the board ignored. They debated Oswald’s alleged violations and ultimately voted to allow her to remain on the board.

On Jan. 1, 2023, Oswald resigned from the board. “First I want to say thank you for not allowing fictitious, erroneous statements about me [to] affect my board membership. I am grateful the majority of you would not allow me to be booted from the board for false allegations,” she wrote in her resignation letter. “Although I know my knowledge of board organization is desperately needed … I know my strengths will be better used in other places that will embrace the strengths I bring, rather than fight and bully me as [Board] Chair [Shannon Redbrook] and ED [Dudley] knowingly do.”

Oswald reiterated her concerns with the organization, several of which pertained to parliamentary procedure.

Ms. Oswald is not the only board member who has departed. Of the 12 people who were serving on the board when Classie Dudley was hired, 8 of them— Alanna Oswald, Amy Galarowicz, Ashley Grimm, Beth Burt, Helen Davis, Mercedes Halverson, Mike Mayou and Rosie Loeffler-Kemp—departed within a year.

The board struggles to maintain its membership today.

Community Action Duluth. Credit: John Ramos

Fired for a Facebook post

On Friday, June 2, 2023, paychecks from Community Action Duluth were not deposited into a number of employees’ accounts as scheduled. When CAD closed for business that day, at noon, employees discovered the missing deposits.

At 1:14 p.m., CAD Tax Site Manager Kyra Gustafson posted the following message to her personal Facebook page: “Wow, didn’t get paid from work and no email from the boss either.” Gustafson did not identify Community Action Duluth or Classie Dudley by name.

Seventeen minutes later, at 1:31 p.m., Director Dudley emailed all CAD employees:

Gustafson responded to Dudley, copying all CAD employees:

On Monday, June 5, Ms. Gustafson saw that Executive Director Dudley had invited her to a meeting at 8:30 a.m., when Gustafson had a previously scheduled meeting. Dudley’s meeting request was declined.

Later on June 5, Dudley gave Gustafson a performance improvement plan (PIP). In the PIP she told Gustafson that Gustafson was not listening to her, failed to attend meetings, and failed to provide requested information. Dudley cited Gustafson’s failure to attend the 8:30 meeting earlier that day as a concern but did not offer any other specific behavior that led to the PIP. In the PIP, Dudley told Gustafson that she needed to respond to emails within a day and complete a training about professionalism in the workplace.

As requested, Ms. Gustafson completed the training.

On June 12, Ms. Dudley fired Ms. Gustafson.

The “fraudulent statements about the Organization” are a reference to Ms. Gustafson’s June 5 Facebook post.

Because Ms. Gustafson was fired for misconduct, she was ineligible to collect unemployment benefits in the State of Minnesota. She appealed to the state Unemployment Office, which conducted an investigation that produced the documentation presented here.

During the investigation, Kyra Gustafson and Classie Dudley were asked to produce evidence of their claims. The report notes that Gustafson’s “consistent, detailed, sworn, and first-hand testimony was more likely than the employer’s vague, written statements to the contrary. The preponderance of the evidence supports Gustafson’s version of events … There was no evidence that Gustafson violated any reasonable policy against offensive behavior when she posted her June 2 2023 comments on Facebook … There was no evidence that Gustafson failed to meet any other expectation … including the expectation for responding to the supervisor’s request for information.”

On Aug. 15, 2023, the Unemployment Law Judge ruled that Kyra Gustafson had been fired for reasons “other than employment misconduct” and could not be denied unemployment benefits.

Censoring the press

The Monitor first became aware of Community Action Duluth’s problems on June 5, 2023, when we were tipped off that CAD employees hadn’t received their paychecks. We also discovered that several months’ of employees’ retirement account deposits hadn’t been made.

On June 6, Monitor reporter John Ramos visited CAD offices and requested their financial disclosure statements, known as Form 990s. Federal law requires nonprofit organizations to provide their Form 990s to anyone requesting them.

CAD did not have their 990s immediately available. A CAD employee, Zach, said he would assemble the requested forms and have them ready for Ramos the following day.

The following day, Mr. Ramos returned to Community Action Duluth for the 990s. Unfortunately, he found that they were still not available. Apparently, Zach was not authorized to release the 990s. Only Executive Director Dudley could do that, and she was in a meeting.

Mr. Ramos left CAD empty-handed, telling them he would return for the 990s the following day.

After Mr. Ramos left, Executive Director Dudley called 911 and asked the police to trespass Ramos from the property.

The 911 call transcript follows:

Like many who call 911, Ms. Dudley used the opportunity to create a self-serving narrative. She was reading Mr. Ramos’s contact information directly off the business card he had left, but she did not mention that Ramos was a reporter, nor that he was requesting documents CAD was mandated to provide.

Instead, Dudley described a “very agitated” man who was repeatedly returning to Community Action Duluth for no reason.

The audio recording of Mr. Ramos’s visit to Community Action Duluth is posted below. The interaction features 2 minutes and 18 seconds of Ramos speaking with Office Manager Scott Yeazle about the 990 forms. As Ramos leaves, Mr. Yeazle says in a friendly voice, “Good to see you again”—managing to hide his terror incredibly well.

Visit to Community Action Duluth, June 6, 2023. Credit: John Ramos

Today, the trespass order remains active. Mr. Ramos is prohibited from visiting Community Action Duluth property.

Board meetings are held on CAD property. This means that Mr. Ramos cannot report on board meetings.

Community Action Duluth has censored the press.

What about the 990s?

On June 8, 2023, Mr. Ramos filed a formal complaint with the IRS, stating that Community Action Duluth was not providing him with their 990 forms. As evidence, he submitted the audio recording of himself requesting the 990s and Community Action not providing them.

On June 18, 2023, Community Action Duluth provided their 990 forms to Mr. Ramos.

Chasing the minutes

Under Minnesota state law, community action agencies are required to follow the same data practices requirements as governmental agencies, which means that journalists and members of the public must be given access to the agency’s data when they request it.

Section 9.2 of Community Action Duluth’s bylaws further defines the materials they are obligated to provide the public:

These bylaws were adopted by a formal vote of Community Action Duluth’s board of directors in July of 2023. The board and executive director have refused to follow them ever since the Monitor began investigating this story.

Shannon Redbrook
Board Chair Shannon Redbrook. Source: LinkedIn

On July 20, 2023, the Monitor filed a data practices request with Community Action Duluth, asking for board meeting agendas, board meeting minutes, a board member roster, and a schedule of board meetings.

As of publication of this article, 178 days have elapsed with no response to this request from CAD.

Mr. Ramos has sent Director Dudley and the board 8 follow-up emails during that period, reiterating his request and asking why they are not following their bylaws. He has received no response.

On Jan. 7, 2024, Ramos emailed Board Chair Shannon Redbrook: “I have never come across a board of directors who refused to tell me who they were … As of today, how many people are on CAD’s Board of Directors, and who are they? Please tell me.”

Ms. Redbrook did not respond.

Duluth City Councilor Azrin Awal is one of CAD’s board members. On Jan. 8, 2024, Mr. Ramos visited City Council chambers prior to the beginning of the regular City Council meeting and asked Councilor Awal if she could tell him the number of board members on CAD’s board of directors.

Councilor Awal refused to comment.

Duluth City Council Chambers, Jan. 8, 2024. Credit: John Ramos

The other CAD board members the Monitor knows of are Cruz Mendoza, Melissa Grimes, Salaam Witherspoon and Thomas Motl. There have been recent reports of additional board members being added, but CAD refuses to verify the update.

The Monitor was able to speak with one active board member during this investigation: Melissa Grimes. Mr. Ramos encountered Ms. Grimes on Oct. 13, 2023, at CAD’s annual Dream Big fundraiser, which was held at Bent Paddle Brewing Co. Ms. Grimes was very friendly and open to talk.

Ramos asked if Grimes had been receiving his emails about CAD failing to provide him with requested materials. Grimes said she had.

Later in the conversation, Grimes spoke about the meeting where the board had discussed removing Alanna Oswald.

On Jan. 8, 2024, Mr. Ramos filed a complaint about CAD’s non-compliance with the state Data Practices Office, in St. Paul. A representative of the office has indicated that she will reach out to Community Action Duluth to see if she can expedite matters.

The Monitor is hopeful she succeeds, as we have several more data requests lined up for submission.

Questioning OEO

Marcel Urman’s OEO monitoring report recommended that senior staff be fired and a board member dismissed from CAD, based on various unsubstantiated allegations.

On Sept. 25, 2023, John Ramos emailed Marcel Urman and Francie Mathes (Urman’s supervisor at the Office of Economic Opportunity) questions related to Urman’s report.

On Jan. 3, 2024, the OEO press office provided the Monitor with answers to some of our questions via email, but did not include any evidence to support their answers.

Monitor: Mr. Urman recommended that 2 senior staff members be fired for insubordination and 1 board member be removed from the board for engaging in ‘intimidation, slander and withholding pertinent information.’ Mr. Urman did not provide evidence or examples to support his accusations.

OEO Response: “The OEO monitoring report documented conversations held at the time of the meetings on November 2-3, 2022. All statements included in the report reflect the information collected and available at the time of the visit. Evidence and examples to support Urman’s recommendations were provided to the board at the time of the meeting, and the Executive Director provided emails between one board member and two staff relating to withholding reporting and funding opportunities to the board.”

Monitor: Does OEO have the authority to make such heavy-handed recommendations to its grantees?

OEO Response: “The Community Services Block Grant Act empowers states to develop rules and policies for oversight and administration of Community Services Block Grant-eligible entities. In Minnesota, the Office of Economic Opportunity makes recommendations to grantees on a wide variety of issues like concerns on the overall health of the grantee organization, in order to ensure high-quality programming for the people to be served in the community.”

Monitor: Why did Mr. Urman’s report fail to mention that the two employees whose terminations he was recommending had filed whistleblower complaints against Community Action Duluth a short time earlier?

OEO Response: “OEO is not aware of any whistleblower complaints against Community Action Duluth.”

Monitor: We have an email that Francie Mathes accidentally forwarded to us, where she is instructing Marcel Urman to “ignore” the Monitor. Is ignoring us still your policy?

OEO Response: “DHS staff are directed to refer reporters to the designated media relations managers, who manage the response. The email between colleagues was a shorthanded way to instruct staff to direct the reporter to the media relations manager, and could have been more clearly phrased.”

On Jan. 10, 2024, the Monitor sent OEO a follow-up inquiry. We provided copies of email correspondence which showed Katherine Mueller describing her concerns about the executive director to Mr. Urman and Mr. Urman acknowledging those concerns. We asked OEO if they were still maintaining that they had no knowledge of whistleblower complaints.

OEO response: “Minnesota’s whistleblower law (Statute 181.932) protects employees who report ‘a violation, suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official.’ OEO is aware of concerns raised by a staff member, but they included no violations, suspected violations, or planned violations of federal or state law.”

Wrap-up

After leaving Community Action Duluth, Lynn Habhegger, Katherine Mueller, Dawn Paquette, and Kyra Gustafson all quickly found new employment and seem to be doing well.

Alanna Oswald lost her bid for a third term on the Duluth School Board. She was last seen relaxing with a 25 x 25 Sudoku puzzle.

The staff of Community Action Duluth unionized in August of 2023 and are now represented by the American Federation of State, County, and Municipal Employees (AFSCME).

The board continues to ignore their bylaws, and Ramos continues to be trespassed from Community Action Duluth.

Members of the community who wish to learn more about nonprofit governance from Classie Dudley will have an opportunity to do so on Jan. 24. The cost of the class is only $150.

___________________

Cover photo: Classie Dudley. Source: Community Action Duluth webpage.

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2 COMMENTS

  1. Wow. This is just another in the long list of reasons I left Duluth, as have three other members of my immediate family. It’s the same modus operandi employed by the Ivy League elites defending their abhorrent leadership. DARVO: Deny, Attack, Reverse Victim & Offender.

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