12 � August 2011 � Las Vegas Night Beat

Dear Editor:The Community owes a

massive debt of gratitude to you, Bill, for having the courage and

fortitude to tread where no one else has dared, as witnessed by your series on AFAN.

That organization’s tentacles are not confi ned to denying government-fi nanced services to clients who voice their opinion or to the irregularities tolerated and fomented by governmental agencies fi nancing AFAN or to the Board which has had intertwining fi nancial interests or even to the court system where AFAN is using questionable tactics to stave dismissal of its lawsuit against Lane Olson. Employees of the organization have even stooped to the level of intimidating the tiny Sin Sity Sisters and at least one has bragged about having been able to stop stories in the press.

However, it is my opinion that blaming all current abuses and misfeasance upon the current Executive Director, Jennifer Morss is inappropriate. She walked into an environment of corruption, backstabbing, cowardice, and deception and, while she may have carried these attributes to new heights, it is really the malfeasance of past Board of Directors and the lack of outside oversight (including my own neglect) that permitted the monster to hatch and then grow into what it is today: an organization so in love with itself that

it has actually cut services to clients at the very time it has received hundreds of thousands of additional grant dollars.

AFAN is now an organization that appears more likely to use its private donations to pay for lawsuits, employees to act as attack dogs against its critics, and PR professionals to collect accolades and awards for its director, than to use this private money for the services donors believe they are supporting.

When asked by Warren Tong, writer of the story “HIV/AIDS Organization Spotlight: AFAN” in “The Body”, “What is the biggest challenge AFAN faces?”, Ms. Morss answered, “Challenging economic times for fundraising and increasing our client base”. Then Ms. Morss, reveals her real motivations in her answer to Mr. Tong’s next question: “Any diffi culties doing HIV work specifi c to being in Nevada?” to which she answered “No. Actually, Nevada has been very supportive of the organization for more than 27 years. We are honored by the continued generosity of our fellow Nevadans.”

In other words, AFAN’s “HIV work” consists of rounding up lots of money for AFAN and for the salary and glorifi cation of Ms Morss. I am really not interested in “honoring” AFAN. (I suspect most other donors feel that way also.) We are paying someone to serve clients. Apparently, however, for AFAN, the “HIV work” of meeting the unique needs of clients is secondary, at best. This de-emphasis of

services is refl ected in the nightmarish red tape that clients (at least the clients of AFAN without “favored” status) have to hack through just to get a bus pass or food voucher carries a clear message: “we are trying to avoid spending any of OUR money on your needs”.

Although Ms Morse blames “new government regulations” for the decrease in services, the relevant government agencies maintain that AFAN’s procedures are exaggerated. When asked why its $600,000 slush fund gained through the Walk and Black and White Party can’t be tapped, she says AFAN “can’t afford it” and justifi es her answer by pointing out past abuses of vouchers.

But who abuses vouchers (grants and donations)? AFAN claims 91% service (only 9% overhead) to clients, but its own 2009-10 IRS fi ling shows $114,000 in government grants received for the food program, but only $29,000 given in vouchers; that’s 25%, a far cry from 91%. How does AFAN manage to spend $77,000 ($177,000 in 2008-9, more than the gross proceeds!!) of its own money for a Black and White Party lavished with corporate donations, including the venue? It is not enough for AFAN to sweep these and many other questions about its fi nances under the rug and deny access to its fi nancial records.

This is just the tip of the iceberg, however. There can be no question that change is needed. But the organization has evolved in this manner, not because Jennifer Morss or anyone else is a bad person, but because people remained silent in a long-term environment of abuse, corruption, etc. AFAN will only change if and when more people speak out just as you have, Bill. Thank you for being the fi rst to point out the iceberg. Soon, if the rest of the Community speaks out, all of the eligible people may get the services donors and grantors intend for them.

Ed Uehling

Reader opinion by Ed Uehling:

AFAN – Lack of oversight permitted monster to hatch,

grow into what it is todayenvironment of corruption, backstabbing,

cowardice and deception carried to new heights,

Read what Dr. Jerry Cade

has to say about AFAN— See page 18 —

Las Vegas Night Beat � August 2011 � 17

Continued on next page

Night Beat sent an email to Aid For AIDS of Nevada (AFAN) Board President Patricia Saavedra with a number of questions about the operation of this HIV/AIDS organization on July 19. An answer was received from AFAN Executive Director Jennifer Morss (jennifer@afanlv.org) on July 21, stating: “While Ms. Saavedra is traveling, she’s asked me to forward you the following response to your questions”

Most of the answers are non-answers or just plain stonewalling. A follow up email was sent, asking more pointed comments/questions, but no answer was received by deadline (7 p.m. on Wednesday, July 27).

Night Beat questions are in blue, while answers attributed to Saavedra are in black. Unanswered Night Beat comments/questions from the follow-up email sent to Morss are printed in red.

–•–NB: You said Jennifer sent

my email request for information about your Zero Tolerance Policy to your lawyer, but Jennifer said she never received it. Can you explain?

AFAN: We have received several emails from the group associated with Lane Olson, with whom we are in open litigation, I believed your email was one of the emails sent to our attorney. However, in speaking with Ms. Morss, I understand that this email from you was not received in-house.

NB follow-up: Could you clarify “in-house” and why Ms Morss claimed she had not received it, while Ms Saavedra wrote that Morss had forwarded it?

–•–NB: Why did AFAN try to restrict

free speech with the Zero Tolerance Policy (in the now-deleted section “H” -- slander/libel)?

AFAN: See attached release letter.NB follow-up: That doesn’t explain

the reason for re-defi ning “slander” and “libel”. These words have specifi c legal meanings but this policy re-defi ned their meaning as anything AFAN doesn’t like,

thus intimidating clients and preventing them from expressing their opinions if those opinions are contrary to Ms Morss’ liking.

I repeat: Why did AFAN try to restrict clients’ free speech rights with the Zero Tolerance Policy?

–•–NB: The AFAN 990 for FYE 2010,

Schedule G, page 2 seemed to indicate charitable contributions in the amount of $348,219 can you tell me about this? Is this donations to other 501(c)3s? Who are these donations made to and why?

AFAN: Here is the excerpt from the IRS instructions from Schedule G:

Line 2. Enter the total amount of contributions, gifts, and similar amounts (including the total value of noncash contributions) received by the organization for events in columns (a) and (b) during the tax year. Enter in column (c) the total amount of contributions, gifts, and similar amounts received by the organization from all other fundraising events with gross receipts greater than $5,000 during the tax year. Enter the sum of columns (a), (b), and (c) in column (d).

Here is the website link to the instructions: http://www.irs.gov/pub/irs-pdf/i990sg.pdf

This is a contribution received, not an expense.

–•–NB: There are rumors of

“phantom clients” at AFAN – clients who don’t exist or are not qualifi ed to receive assistance – on the books in

order to get more funding. Care to comment?

AFAN: An employee no longer employed by the organization was terminated in September 2009 for creating one (1) fraudulent client to engage in theft from the organization, as it’s employer. This employee has plead guilty to theft and is awaiting prosecution. Under the guidance of our CPA fi rm and grantors, AFAN has implemented the appropriate procedures

to ensure this activity does not occur again. Additionally, after an extended audit completed by an external, large, international, CPA fi rm we are certain the situation was contained to the one (1) client.

–•–NB: Tell me about your

cash handling procedures at events like the Black & White Party, and the AIDS Walk.

AFAN: Unfortunately, we are unable to share these details with you to protect the security of the

fi nancial processes of our event. NB follow-up: You’re stonewalling.I’m not asking for specifi cs

regarding where or when it’s counted, I’m interested in who is allowed to count? Are there observers? Is there a prohibition of family members counting cash? Do people who work closely together also count cash together? Does AFAN have professional oversight of this accounting function?

Does AFAN have formal policies? Please reveal those policies.

AFAN collected some $639,398 at events over the course of fi scal year 2009-2010, and I feel the community should not be brushed off with the above answer.

These are questions which you should be happy to answer with specifi cs, since your reputation could be damaged if the questions are avoided.

–•–Does Jennifer investigate formal

Stonewalling:These are questions which you should be happy to answer with specifics, since your reputation could be damaged if the questions are avoided.

No serious answers from AFAN regarding cash handling policy –Who will you give your money to?

18 � August 2011 � Las Vegas Night Beat

Below is reproduced the

pertinent parts of AFAN’s Facebook

notice of the change in the Zero Tolerance Policy.

Without explanation, the posting was dated by AFAN as

May 31. The Facebook post was time-stamped July 5. Curiously, all

credit for suggesting the change was given to a mid-level AFAN paid staffer who blindly supports everything AFAN does, when Night Beat had exposed this egregious, intimidating, unfair policy in the May issue.

While this new policy is still poorly

written and confusive, it would seem to be a little better than the previous policy in that it does not purport to penalize clients for their free speech rights.

Community ReleaseAid for AIDS of Nevada has

recently completed an annual review of our existing policies. In reviewing the existing “Zero Tolerance Policy” with staff we received and listened to recommendations. We have therefore made adjustments based on the current climate and needs of the community we serve. Below is the updated policy:

Code of Conduct PolicyAFAN strives to deliver quality

services to all its eligible clients and offers a comfortable/safe environment in which to obtain services.

We do, however, reserve the right to suspend, alter or terminate a client’s services/privileges for any of the following:

Threats and/or incidences of assault, theft or abusive behavior towards our staff, volunteers and/or clients.

Possession, selling, distribution of any elicit controlled substance, prescription medication and or alcohol.

Theft or selling of food vouchers, bus passes, nutritional supplements, prevention materials or other AFAN distributed materials/property.

Providing falsifi ed or fraudulent information in order to obtain services.

Physical or verbal threats against other clients, volunteers, or staff on AFAN premises, supporter premises, property, events having to do with AFAN.

Possession of weapons on AFAN property, or AFAN hosted events, used to intimidate or physically threaten clients, volunteers, or staff. Weapons are defi ned as any object which could be used in a manner to threaten bodily harm.

Sexual harassment/misconduct towards AFAN staff, volunteers, and/or clients.

h. Vandalism of AFAN property or the property/venue of any AFAN hosted event.

Any clients, staff, volunteers, or visitors who encounter and/or witness the above incidences of misconduct must complete an AFAN incidence report (available in the AFAN main offi ce). Once the incidence report is completed, it will be processed by the departmental supervisor and reviewed by the Executive Director to determine appropriate punitive actions. An alternate means of providing services is available via services by mail for clients who threatened the safe environment of the AFAN offi ce for our staff or other clients accessing services.

The major difference in this policy is the removal of the incidence in regards to slander and libel communication. This policy has been in place since 2004 and AFAN’s executive staff and Board felt it was time to update it appropriately.

AFAN Code of Conduct poorly written but less egregious, unfair

than previous Zero Tolerance Policy

client complaints? Who investigates complaints against Jennifer? When a client complains about Jennifer, are they referred to another person or board which investigates her? Does the complaining party receive an acknowledgment that the complaint has been received? Do they receive an acknowledgment that the complaint has been resolved? Are they informed of actions taken to resolve the issue?

The Board consults with Jennifer in relations to client grievances fi led against her.

Who receives any complaints against her? Is this someone who reports to her? Bottom line: does Jennifer fi lter any complaints before the Board sees them?

–•–Nevada State Senator David

Parks’ name is still at the top of your website’s list of Trustees (as of July 19), when Parks is no longer on your Board. Is there a reason? Isn’t this a little deceptive?

We are unable to comment, at this time. The Board is in ongoing discussions with Senator Parks.

I repeat, Isn’t this deceptive?

Who will you give your money to?Continued from previous page

Las Vegas Night Beat � August 2011 � 19

Dr. Cade has been involved with HIV/AIDS for many years in Las Vegas. Cade is an HIV Specialist; former AFAN Executive Director (1989-91); Executive Director and Principle Investigator, Nevada AIDS Research and Education Society (NARES); former member, Presidential Advisory Council on HIV/AIDS (PACHA, under President Clinton, 1994-98)

20 � August 2011 � Las Vegas Night Beat

The Night Beat

has asked AFAN Board

President Patricia Saavedra to discuss

who in the organization handles client complaints,

especially those against Executive Director Jennifer Morss.

It appears Morss consults with the Board of Trustees.

Still unanswered are the questions: Does the complaining party receive

an acknowledgment that the complaint has been received? Do they receive an acknowledgment that the complaint has been resolved? Are they informed of

actions taken to resolve the issue?And:Who receives any complaints against

Morss? Is this someone who reports to her? Bottom line: does Jennifer fi lter any complaints before the Board sees them?

AFAN appears reluctant to divulge any information about their policies.

If employees who answer to Morss are the only ones to see the complaints, they could easily be fi ltered prior to reaching the Board. The executive director would certainly have a vested interest in spinning complaints against staff or the executive director when submitting them to the Board, if they are shared with the Board at all.

AFAN client Jeffrey Hames

submitted two complaints about egregious actions by Morss and a mid-level staffer. The reply is on page 21.

Hames says, “Jennifer Morss’ response in the letter was brief and vague at best as to what, if anything, had been done to investigate my claims.”

“I don’t need to know the employment of the staff. If you’re telling me there was an “investigation” into my claims I want to know what came about from this as well as an explanation as to what is being done to prevent this from happening again.”

The reply from Morss raises the questions:

Did Morss discipline herself?Did Morss submit the grievance

regarding herself to the Board of Trustees?

Did Morss protect herself and her staff member by hiding these complaints from her employer?

Is the Board aware of any discontent? Or is it just turning a blind eye to complaints?

Who investigates complaints against the Executive Director and staff?

Replies to client, Night Beat are brief and vague

AFAN owes the communitytransparency, complete answers

before we donate any more money

Las Vegas Night Beat � August 2011 � 21

(Left)

Morss assuresHames that ‘we have taken appropriate action’ after she reviewed and investigated herself and her staff.

Hames still has questions.