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The meeting was convened by Ron C. Clarke, president of BEAT AIDS board of directors. Michelle Durham, executive director of BEAT AIDS, and prevention director Charles Whitehead sat at the head table.

Aurora Sanchez, executive director of the County's department of community investments, begins to read a letter from the state. Clarke tried to silence Sanchez while she read. (Photos by Antonia Padilla)

BEAT AIDS community forum abruptly adjourned
QSanAntonio.com, May 5, 2011

The evening had been planned as a community forum for "clients, neighborhood residents, concerned citizens and community organizations who have questions about what's happening at BEAT AIDS" since Bexar County withdrew federal funding from the organization last year.

About 60 people attended the May 4 meeting which was held at the Barbara Jordan Community Center on the East Side. Among those in the auditorium was Aurora Sanchez, executive director of the County's department of community investments.

About 15 minutes into the gathering, meeting organizers abruptly adjourned the proceedings during a question and answer session when Sanchez tried to read a letter from the Texas Department of State Health Services exonerating the County from any wrongdoing in regards to last year's defunding of BEAT AIDS. (See related stories below.)

Since last year, BEAT AIDS has existed in a sort of limbo with allegations of wrongdoing hanging over the organization and with a serious loss of funding necessitating the referral of about 250 or more clients to other agencies. The community forum was going to be a way to bring awareness to BEAT AIDS' plight.

Others present in the auditorium included two officials from the city of San Antonio: Jenny Ayala, Contract Administrator, Department of Community Initiatives, and Jamie Nieto, Management Analyst, Department of Community Initiatives. Besides Sanchez, the County was represented by: Charlene Doria-Ortiz, Program Manager, Bexar County of Community Resources, and Laura Castro, Ryan White Program Coordinator.

Prior to the meeting, Ron Clarke, president of the BEAT AIDS board, had written in a press release, "This is a long time coming. Our Board has wanted the community to know where we are and to ask any question. We will hide no information at this meeting. We never have hidden anything or denied any question. We will answer any question and show proof that BEAT AIDS never did anything wrong whatsoever and we stand by that position. BEAT AIDS did nothing wrong and did not deserve to lose its funding."

Clarke convened the meeting with a presentation going over the charges made against the agency last year. He reiterated that BEAT AIDS had been unjustly treated by Sanchez and her staff and that the agency had done nothing wrong. Clark also revealed that an investigation of BEAT AIDS' finances by the Sheriff's department was still not completed. After his opening statement, people were invited to make remarks or ask questions.

There was one question by Fran Mendez, the executive director of We Are Alive after which Sanchez took the microphone and asked to speak. When she sought to read the text of the letter from state officials, Clarke and others from BEAT AIDS started yelling "No!" She was told she could speak but she could not read the letter aloud.

When Sanchez continued reading the letter aloud, meeting organizers pulled the plug on the microphone. Sanchez persisted in reading but the cries of "No" continued, then Michelle Durham, executive director of BEAT AIDS, stood up and yelled, "This meeting is adjourned."

The letter in question, copies of which were distributed to those in the auditorium, is dated April 8, 2011 and addressed to Clarke. The content of the letter is a response to a request BEAT AIDS made last February to the Texas Department of State Health Services to investigate Sanchez and her department saying her actions were unjustified and had jeopardized the care of its clients.

The letter said that the DSHS had "determined that Bexar County followed appropriate procedures and due process laid out in their policies and procedures" in asking for the medical records of clients who would be referred to other agencies.

The letter also said:

"Additionally, Bexar County followed their policies and procedures with regards to reimbursement of expenses. Ryan White monies are to be used for cost-reimbursement, in other words, to reimburse an entity for their actual expenses after they have incurred those costs and there is proof of those expenses such as a cashed check. Ryan White monies are not to be used to provide an agency with upfront money to pay their subcontractors, vendors or their bills. When Bexar County found the written checks that had not been cashed in a drawer and determined reimbursement for them had already been requested, BEAT AIDS was in violation of their contract."

After the meeting, Clarke told QSanAntonio that BEAT AIDS board members did not want Sanchez to read the letter because they had yet to formulate responses to the allegations it contained.

On her way out of the meeting, Sanchez responded to QSanAntonio's question asking how she felt about what had just happened. "When you invite people to a community forum, you should allow them to speak," she said.

Two women, who identified themselves as former BEAT AIDS case managers, said that Sanchez should have been allowed to continue. "This was supposed to be a public meeting, she should have been allowed to talk," one of them said.

Durham was adamant when asked if Sanchez should have been allowed to read the letter, "No. You don't come to our house and try to take over our meeting," she replied.

BEAT AIDS executive director Michele Durham with board members Ron Clarke, Glenda Small and George Woods at press conference on October 15. (Photograph by Antonia Padilla)

BEAT AIDS alleges ‘malice’ by county officials in defunding controversy
QSanAntonio.com, October 15, 2010

The board of directors of BEAT AIDS has released a list of complaints against county officials who distribute federal funds for HIV/AIDS care saying that BEAT AIDS was unfairly singled out and defunded without any evidence that it had done anything wrong.

"It is the position of BEAT AIDS that we are being treated with malice for reasons based on personal feelings, " said Ron Clarke, vice chairman of the BEAT AIDS board of directors.

In a press conference on October 15, Clarke said that BEAT AIDS delivered a request with supporting documents to County Commissioners on October 11 asking them to investigate complaints they had against Aurora Sanchez, Bexar County's executive director of community resources, and her staff.

Citing "infrastructure and organizational" deficiencies, Sanchez asked County Commissioners on September 15 for a vote to deny BEAT AIDS of approximately $275,000 in funding from the Ryan White HIV/AIDS Treatment Modernization Act. The vote to defund was unanimous. In July, Sanchez had the county pull $240,000 in federal funds from the agency citing the same reasons. (See related stories below.)

As a result of the funding shortfall, BEAT AIDS lost 250 clients, layed off 17 employees and reduced the level of services it offers.

One of the complaints accuses Sanchez and her staff of overburdening BEAT AIDS with financial reporting and other reimbursement bookkeeping not required of other AIDS service agencies.

BEAT AIDS officials also say their clients have suffered because, in the transition to new service providers, many are not receiving the level of care they are used to getting.

Perhaps most telling is an allegation that the defunding of BEAT AIDS is retaliation by Sanchez against executive director Michelle Durham, who 12 years ago was part of a group that filed a complaint against Sanchez criticizing her treatment of local AIDS agencies.

"We believe that Ms. Sanchez is basing her decisions on her personal feelings versus her business thinking. We also believe she is not focusing on the end client -- the person with HIV," said Clarke.

Clarke said that County Commissioners have told him they would look into the complaints and will have a response by the end of the October. There is still an open investigation by the Sheriff’s department, which says it is looking into the "misapplication of fiduciary funds" at the agency.

In the meantime, BEAT AIDS remains open and is offering what services it can to clients. "Our commitment to the client remains the same. Our promise remains the same," says Clarke. "BEAT AIDS will stand with this community one person at a time, one family at a time, until a cure is found."

HIV/AIDS advocacy group fights allegations
San Antonio Express-News, October 15, 2010
Having lost a large part of its budget, more than half its staff and 250 clients after county officials accused them of financial mismanagement, the leadership of the nonprofit BEAT AIDS group said Friday they are fighting back.

AIDS patients make emotional plea
KABB-TV, October 15, 2010
The director of an agency that helps AIDS patients says a grudge caused the county to cut off its funding, nearly a million dollars worth. As Yami Virgin reports, AIDS patients are now revealing they have the disease to try to keep the agency open.

County official met with BEAT AIDS board before defunding vote
QSanAntonio.com, September 15, 2010

Aurora Sanchez, Bexar County's executive director of community resources, met with the executive committee of the BEAT AIDS board of directors on September 14, one day before she would ask County Commissioners to cut off all federal funding to the agency. At the meeting she told the board what she planned to do.

The next day Sanchez stood before Commissioner’s Court and said that BEAT AIDS had several unspecified operational deficiencies. "We feel that any further funding that we put with this agency will be put at risk. We recommend termination of this contract," she said.

Sanchez’ meeting with the BEAT AIDS board left them stunned and unprepared. Emails went out to alert the community to come to Commissioner’s Court to show support for the agency. Impassioned pleas were made to county officials asking for a 60-day moratorium.

With less than 24 hours to respond, little community involvement could be mustered. Two board members came and spoke before the Commissioner’s Court. However, they had to speak as individuals because, as one of them said, there was no time to prepare an official statement from the BEAT AIDS board of directors.

In the moments before the vote, one County Commissioner asked Sanchez to the remind them, once again, why she was making the recommendation. She replied that she believed BEAT AIDS did not have the "infrastructure or organization" to properly manage federal funds.

In the end, the vote to "terminate all contacts for funding with BEAT AIDS" was unanimous.
The vote by commissioners denies BEAT AIDS of approximately $275,000 in funding from the Ryan White HIV/AIDS Treatment Modernization Act and will have a negative impact on the agency’s ability to continue offering services to its clients.

"This has been a long road for us with this agency," Sanchez told the San Antonio Express News. "We feel that we've provided as much technical assistance locally, and from the federal and state level, to bring this agency up to par, and we have not had much success."

This is the second time this year that county officials have taken back money intended for BEAT AIDS. Last July, $240,000 in Ryan White Funds for medical case management and health insurance payments were distributed to alternate service providers. (See related stories below.)

What has yet to be revealed is what the county has found in its investigation of BEAT AIDS that led to the defunding. There is still an open investigation by the Sheriff’s department which says it is looking into the "misapplication of fiduciary funds" at the agency.

Ron Clarke, vice chair of the BEAT AIDS board of directors said the agency had no official statement to make at this time.

Michele Durham, BEAT AIDS executive director, was at an AIDS conference in Miami on the afternoon of the Commissioner’s Court vote. In an interview with the Express-News she said, "The main thing I want to put across to everyone in our entire community is that BEAT AIDS has only used Ryan White dollars for client services. We have never used Ryan White dollars for anything else other than client services, period."

Bexar County stops funding BEAT AIDS
San Antonio Express-News, September 15, 2010
In an unprecedented move, Bexar County commissioners unanimously decided Tuesday to yank the remainder of federal funding it allocated to BEAT AIDS after the nonprofit was accused of mishandling money intended to help those with AIDS and HIV.

Sheriff’s department investigating BEAT AIDS
QSanAntonio.com, July 27, 2010

The Bexar County Sheriff’s department confirmed on July 27 that it is investigating BEAT AIDS for allegations regarding the "misapplication of fiduciary funds." According to sources, Sheriff’s deputies went to BEAT AIDS’ offices on July 26 and confiscated the agency’s computer server.

County officials who are charged with distributing federal funds from the Ryan White Care Act to local HIV/AIDS service providers requested the investigation. The allegations stem from accusations made against the agency and its Executive Director Michelle Durham by a former employee who worked in the BEAT AIDS’ accounting department. (See related stories below.)

An internal investigation concluded last week by the BEAT AIDS' board of directors exonerated Durham of any wrongdoing but offered no explanation as to whether any misapplication of funds or other accounting irregularities were found. In a statement released last Thursday, a BEAT AIDS spokesperson said that the controversy was the work of a disgruntled employee.

In an interview with the San Antonio Express-News on July 16, Aurora Sanchez, Bexar County’s executive director of community and development programs said, "What we're doing is making sure that their financial operations are sound. When the investigation is through, we'll present a report to the Commissioners Court on the findings of that investigation."

In the wake of the controversy, the county pulled $237,000 in federal funding from BEAT AIDS and reallocated it to other HIV/AIDS service providers.

Deputy Chief Ronald (Dale) Bennett of the Bexar County Sheriff’s department released the following statement in response to queries made by QSanAntonio:

"There is in active investigation by the Sheriffs Office into allegations of Misapplication of Fiduciary Funds to the organization through Bexar County. The Office of Community Development provides funding for various organizations; BEAT AIDS is one of them. There is information that has surfaced into the financial dealings with this group and we have been asked to conduct an investigation. Since this is an active open, and very young investigation, we cannot release any other information about this case at this point."

BEAT AIDS exonerates Executive Director of wrongdoing
QSanAntonio.com, July 24, 2010

A spokesperson for BEAT AIDS released a statement on Friday saying that after an internal investigation, the board of directors found that Executive Director Michelle Durham did not commit any of the financial transgressions she was accused of by a former employee.

The controversy first surfaced last week when Bexar County authorities said they were withdrawing federal funding from BEAT AIDS because of accounting irregularities in the distribution of funds earmarked for medical case management, and for a program that pays clients’ insurance premiums and prescription co-pays. (See related story below.)

A whistleblower, who worked at BEAT AIDS as a financial officer, reported the agency to the county and police after she found checks dating back to 2002 that had not been mailed to recipients but had been already been reimbursed to BEAT AIDS by the county.

One news report speculated that the money was being funneled into a housing facility for women that BEAT AIDS hoped to open last month.

County officials made a surprise visit to the BEAT AIDS offices and found $48,000 in checks made out to payees who never got payments. As a result, the county pulled $237,000 in funding from BEAT AIDS.

In exonerating Durham the BEAT AIDS statement appears to have created more questions than it answered. There is no clarification as to what the board found, whether any money was misdirected -- nothing about the $48,000 in unpaid checks found in a desk drawer.

The statement simply says that the allegations against Durham were untrue -- that the controversy was the work of a disgruntled employee.

The BEAT AIDS statement also says that, "News media resources have indicated that there was to be an external investigation from other sources. As of yesterday it is our understanding that this is not the case." This gives the impression that all is settled between the county and BEAT AIDS.

However, QSanAntonio learned on July 23 that the county is moving forward with a plan to disperse the federal money it took from BEAT AIDS to other agencies which will step in to provide the needed services.



Following is the statement released on July 22, 2010 by Ron Clarke, vice chairman of BEAT AIDS board of directors and its spokesperson:

BEAT AIDS INTERNAL INVESTIGATION CLEARS
EXECUTIVE DIRECTOR OF WRONGDOING


Recently allegations were made against our Executive Director, Michelle Durham alleging inappropriate management activities. These allegations were made by a former employee of the organization. As with any organization facing any such accusation, Ms. Durham was suspended pending investigation of the allegation and complaints against her by that former employee.

As was previously reported, The Board of Directors took the accuser allegations very seriously and initiated an internal investigation on June 30, 2010 and this investigation is now complete and I will provide you with a paraphrased statement from the investigative report itself:

" A query was conducted of pertinent witnesses and based on the information provided by said witnesses the internal investigation concluded that the allegations by the former employee are without merit. In all witness interviews the account provided by the accuser was never substantiated and in fact was directly refuted."

Contrary to what you may have heard from some news media, no money was ever stolen and no person other than a client profited from the funds provided by Bexar County at any time. The allegation by Bexar County is a procedural issue only regarding reimbursements for one grant. We will continue to work with our valuable resources at Bexar County to establish a cohesive, valuable, and better understanding of what we need to do to improve any internal processes. My fellow Board Members are already working very hard to move forward from a difficult situation. As many know it is always a tarnish when someone speaks ill of good people – but we will overcome that hurt and move forward to become better at what we do – serving the clients who need us.

This concludes our internal investigation. News media resources have indicated that there was to be an external investigation from other sources. As of yesterday it is our understanding that this is not the case. However, should such an opportunity arise to prove ourselves to our community, we stand ready to cooperate in any way to assure everyone that we still are what we have always been…………a reliable, caring, consumer and client-focused agency striving daily to provide the most efficient and effective service to our clients. That mission has not changed and the Board of Directors, staff and volunteers of BEAT AIDS remain fully committed to that mission.

As stated previously Ms. Durham has served with BEAT for 17 years and the agency has been in existence for over 22 years - - - In that time we have served over 115,000 clients with our caring hand of support in conjunction proudly with our other great HIV/AIDS Resources in San Antonio and South Texas. We truly appreciate everyone’s support and the many calls of such support during this challenging time. As an agency we will continue to be dedicated to the service of our clients and customers as a Board of Directors, as volunteers, and as staff.

Bexar County withdraws federal funding from BEAT AIDS
QSanAntonio.com, July 15, 2010

A news report that aired this week on local Fox affiliate KABB-TV says that Bexar County is looking into accounting irregularities at BEAT AIDS saying that the agency has been billing the county for expenses it never paid.

The funds in question are administered by the county but come from the federal government and are designated for BEAT AIDS clients.

The report, which aired on July 14, says that a whistleblower who worked as a financial officer at BEAT AIDS brought the irregularities to the attention of the county and police.

According to the report, the whistleblower found checks dating back to 2002 that had not been mailed to recipients but had been already been reimbursed by the county.

County officials reportedly paid a surprise visit to the BEAT AIDS offices and found $48,000 in checks made out to payees who never got payments.

As a result of what they learned from the whistleblower, county officials pulled $237,000 in funding from BEAT AIDS. The agency currenty receives about $800,000 annually in funds administered by the county.

In the report Aurora Sanchez, Bexar County’s executive director of community and development programs, says "If they find the problem, if they can fix the problem, then we want them to continue to deliver services."

The KABB report says that BEAT AIDS executive director Michele Durham was funneling the money into the agency’s N.E.W. transitional housing facility for women on Hudson Street. The ribbon cutting for the N.E.W. facility was held on June 14 (see related story below). However, it has yet to open.

Rumors about trouble at BEAT AIDS began circulating recently. QSanAntonio learned on Monday that the money the county took back effectively cut off all funding for medical case management and BEAT AIDS clients might need to be referred elsewhere for services.

Ron Clarke, the vice chairman of the BEAT AIDS board of directors and its spokesperson, gave QSanAntonio the following statement:

"Recently allegations were made against our Executive Director, Michelle Durham alleging inappropriate management activities. These allegations were made by a former employee of the organization. As with any organization facing any such accusation, Ms. Durham has been suspended pending investigation of the allegation and complaints against her by that former employee.

Contrary to what you may have heard from some news media, no money was ever stolen and no person other than a client profited from the funds provided by Bexar County at any time. The allegation by Bexar County is a procedural issue only regarding reimbursements for one grant”"

BEAT AIDS takes all such allegations very seriously and the Board of Directors has tasked me as the Committee Chair to investigate this allegation. It is what it is – an allegation and accusation that needs to be fairly investigated so that all parties can be heard. It is unfair to the accuser and Ms. Durham to comment in detail about the investigation until the investigation is complete.

We anticipate the investigation to be complete internally within the next week. As such the investigation is currently underway and I would hope that our reputation as an organization would allow our community to reserve their judgment until that investigation is complete. Ms. Durham has served with BEAT for 17 years and the agency has been in existence for over 22 years - - - we continue to be dedicated to the service of our clients and customers as a Board of Directors, as volunteers, and as staff."

Investigation underway on BEAT AIDS funds
FoxSanAntonio.com, July 13, 2010
They are sometimes thought of as the forgotten. Homeless people in San Antonio with Aids or HIV that go untreated. Some federal funds do help, but tonight the main local group in charge of delivering those services is under investigation for not using those funds properly. Our Yami Virgin spoke to the woman who got the investigation rolling.

Bexar County investigating finances at BEAT AIDS
San Antonio Express-News, July 16, 2010
Bexar County is investigating how a local service provider for people with AIDS and HIV is handling its finances after a former employee alleged the organization was being reimbursed for money it didn't spend. As a result, the county has stopped giving BEAT AIDS nearly $240,000 to pay for clients' health insurance premiums and medical case management, said Aurora Sanchez, the county's executive director of community resources.

Isabel De La Riva, from BEAT AIDS legal staff; Ray Chavez of Cornyation; Pastor I.V. Tolbert, BEAT AIDS Chairman Emeritus; Bexar County Commissioner Tommy Lee Adkisson ; Texas State Representative Ruth Jones-McClendon; and City Councilwoman Ivy Taylor cut the ribbon dedicating the BEAT AIDS newly opened NEW Facility on the San Antonio East Side. The main entrance of the NEW Facility.

David Ewell, Executive Director for the San Antonio AIDS Foundation, accepts a check from Cornyation. Michelle Durham, Executive Director for BEAT AIDS, thanks Cornyation for their donation. Texas State Representative Ruth Jones-McClendon addressed those present at the ribbon cutting. (Photos courtesy Ron Clarke.)

Cornyation funds distributed at opening of NEW housing facility
QSanAntonio, June 16, 2010

The opening of a new BEAT AIDS housing facility for women was also the occasion at which Fiesta Cornyation organizers distributed $114,000 in donations to local charities.

The Newly Empowered Women (NEW) facility is a transitional housing facility for women who are infected or affected by HIV/AIDS and working to restore their lives.

NEW’s specialized smaller based campus will also provide group therapy, individual counseling, mental health counseling and workshops. Clients will be mentored by community and religious leaders as they move through the approximately 6-month program. BEAT AIDS officials say they want to promote self-worth, dignity, and success through education, caring, and individual counseling.

Among those present at the ribbon cutting on June 15 were State Senator Ruth Jones McClendon, District 2 City Councilwoman Ivy Taylor, Bexar County Commissioner Tommy Adkisson, and former City Councilman Art Hall.

As a non-profit organization itself, Fiesta Cornyation has donated over $500,000 to local charities since its inception. This year's beneficiaries include BEAT AIDS $45,000, San Antonio AIDS Foundation $35,000, Hope Action Care $27,500, and Soli Music Ensemble $2,500. A $4,000 donation was also made to the Robert Rehm Scholarship Fund.

Photos -- BEAT AIDS banquet
Photos by Antonia Padilla, QSanAntonio.com, October 5, 2009

Approximately 400 people attended the BEAT AIDS banquet on October 2 at the San Antonio Airport Hilton. The keynote speaker was Jeanne White-Ginder (in left photo, top row at microphone), the mother of Ryan White, who gave a stirring talk that left many in the ballroom moved to tears. (See related story below.)

Ryan White’s mom to speak at BEAT AIDS banquet
QSanAntonio.com, July 28, 2009

BEAT AIDS has confirmed that Jeanne White-Ginder, the mother of Ryan White, will be the keynote speaker at their banquet on October 2. In 1984, 13-year-old Ryan became infected through a tainted hemophilia treatment. His story gained national exposure after being expelled from school because of his infection.

Although Ryan lost his fight to the disease in 1990, his memory lives on through a major piece of legislation known as the Ryan White CARE Act, the largest federally funded program for people living with HIV/AIDS.

After Ryan’s death, White-Ginder established the Ryan White Foundation, a national, nonprofit organization to increase awareness of personal, family and community issues related to AIDS, with particular assistance to hemophiliacs. She has become a sought-after speaker and AIDS educator.

"We are so excited to have a nationally recognized speaker at our banquet, and one who has been so touched by the HIV/AIDS crisis," says Michele Durham, Executive Director of BEAT AIDS. "Ms. White-Ginder will visit San Antonio to bring her message of education."

In a recent interview with the New York Times, White-Ginder said, "This disease brings no glory to anyone -- only pain and sadness and worry. Ryan always said if you don’t know about something you will be scared. At least educate yourself. So that’s what I do. Not from a medical standpoint but a human standpoint."

The BEAT AIDS Coalition Trust was founded in 1986 and is a long-recognized provider of HIV/AIDS services in San Antonio and South Texas.

The BEAT AIDS Annual Banquet will be held on Friday, October 2, 2009 at the Airport Hilton Hotel. For additional information, questions, or tickets, call (210) 212-2266.