Letter from Dale Jett to the Carter Family Fold Board

[Sent 12/11/07 with package of materials to each board member via US Mail & FedEx]

Date: 12/05/07
To: Members of the CFMMC Board of Directors
From: Dale Jett

Enclosed is a lengthy packet of materials in regards to the VFH Grant/UNC Gift Agreement for the preservation of the recorded material from the Fold’s programs and events. Provided are copies that trace the grant/agreement from its beginning to its current status. I hope you will take the time to read the documents in their entirety so that you may make an informed decision, understand the depth of research done, and ultimately, bring a resolution to the controversy that has evolved around it.

There has been an objection to the grant/agreement based on three major issues:
1. The decisions made and actions taken
2. Information regarding grant and reports made to the board
3. The validity or legality of the agreement

I believe, in all honesty, that I followed the proper procedures and took appropriate actions as an agent of the Fold, and as a Carter Family member.

I believe there is a misconception regarding items 1 and 2.

• The original grant letter that was drafted by Janette Carter and Maxine Kenny specifically states that all decisions regarding the work undertaken will be overseen and approved by Janette Carter, Dale Jett, and Rita Forrester (signed original sent to VFH).
  During the grant, my mother passed away. Rita later requested to be removed as financial officer and requested that I oversee it.
• Three board members were directly involved and/or informed throughout all processes-myself, Daryl Jayne, and Rita Forrester. Maxine Kenny served as project director and submitted periodic written reports and expenditures to Rita and I kept her informed verbally. Daryl Jayne and I assisted in all aspects of the grant including, but not limited to, consultations, site visits, and research. Teresa Jett assisted with cataloging since she was the one that had started the original cataloging and had served as one of the primary sound technicians to the Fold . Although Rita requested to be removed as financial officer, she remained on the bank account for the grant and was responsible for approval/disbursement of all funds.
• Dr. Joe Smiddy was the president during the time the major portion of the grant was carried out. His position was that the board’s purpose was not to tell the Carter Family how to run the business of the Carter Fold. I presented updates and made status reports to the board at our April 2006 and May 2007 board meetings. The board was informed about the partnership with the UNC at that time. There appeared to be very little interest in the grant and no objections were made during these meetings in regards to any actions taken. A public statement was given about the grant/partnership during an interview with Rita that appeared in a local newspaper .
• I take responsibility for making the final decision to gift the archives to a donor, as opposed to making a loan agreement, or keeping the tapes. All decisions, however, were based on the advice and guidance of advisors to the grant, consultants, scholars, and other institutions as specified in the grant. Phase 2 of the grant was based on this in-depth research. Time and funding was also a factor that had to be considered in the decision of making an agreement with a donor institution and was also part of the research. The decision to partner with UNC was also based on extensive research, consultation , and review of other similar organizations for comparison.
  

There remains the issue of validity or legality in regards to item 3.

• I signed the gift agreement with UNC as an agent of the Fold, I believe, in accordance with the by-laws of the CFMMC, original grant proposal and subsequent guidelines of the grant, and in keeping with the board’s position at the time the agreement was made. At no time was this agreement kept hidden from other board members or information withheld. The acting director was informed through written reports, verbal updates, and by approval of payment for expenditures; board members were involved in the grant process, and there were no objections made when reports were presented at the board meetings (until the Nov.17th meeting).
• It was never determined in the November board meeting that I was not authorized to take the actions I did , that I deprived the CFMMC of its rightful property, or that the agreement was invalid. In fact, there were conflicting views and opinions. The only actions taken in regards to the matter was that it be referred to the Artistic Performance Committee.
• If I did not have the right or authority to make the gift agreement without the full board’s vote or consent, then I feel that neither did our current president, Howard Klein, have the right to invalidate or rescind an agreement that was made during a time period that he was not an acting board member or have the full board’s consent or knowledge in contacting the agencies involved, stating the agreement was invalid, and requesting the return of the tapes (see email enclosures).
  

The focus and priority at issue should be the preservation of the tapes. They will not withstand a continued change in storage environments, or handling. We have been told by several experts, that for many of the tapes, in their current condition, there will only be a single chance to recapture the recorded music that exists on them. If they are exposed again to changing climatic conditions or restoration and preservation copies are not made within a timely fashion, then they will be put at risk for loss.

The emails that were sent to Maxine Kenny and Steve Weiss did not provide a solution to the dilemma. I believe their intent was to discredit me rather than find a workable solution, and ultimately makes the CFMMC look disreputable and fragmented. It could well lead to legal action from the institutions involved.
You can blame and accuse me of not following proper procedures and vote me off the board, but I remain resolute in my belief that I made the right decisions and will continue to uphold those whether you vote me off or not. It still does not solve the problem that has occurred.

I believe a logical solution to this dilemma would be for the board to endorse the current gift agreement with UNC, thereby eliminating any concern or issues of legalities, and continue the process of the tape preservation without causing further danger to the archive.

As a board member, each of you certainly has the right to question any decision or action that is taken, as well as the right to be fully informed. You should also have the right to bring any topic in question up for discussion at board meetings in order to find solutions that are conducive to the Carter Fold’s operation and mission. I’m quite sure that if we went back and scrutinized every action that has been taken by each board member, we would find many discrepancies and yes, illegalities. I have also been blamed for creating faction within the board. I have tried to keep personal issues out of our board meetings and conduct business with the Fold’s best interests at heart. I don’t believe that constitutes the right to use intimidation tactics and dismissal.

Respectfully,

Dale Jett

Dec 3, 2007: Dale Jett is given an ultimatum by Howard Klein – sign a non-negotiable agreement to resign from the board of directors. Jett refuses.

Dec 8, 2007: Dale Jett opens the Saturday night show at the Fold. The management had a “replacement” prepared to open the show, but he waited in the wings. James Bryant, a member of the board of directors approached Jett to sign a performer’s release form. Jett signed it, remarking that it would probably be the last, because he expected to be voted off the board of directors at a board meeting called for Dec 15, 2007.

Dec 15, 2007: Dale Jett addresses the board and is immediately voted off the board by a majority of the board (2 abstentions – Rita Forester and Dixie Hall).

Dec 16, 2007: As a consequence of being voted off the board, Jett did not return to the Carter Fold.