Monday, October 20, 2014

Rising Like a Phoenix!


Last week, TETA Secretary, Scott Allen, posted an article about transparency. If you haven’t read it, please do so! I think you will find it informative and inspiring. Scott wrote about the importance of cultivating an atmosphere of transparency within TETA and the need to face reality, to address our problems, and embrace our challenges. With the help of many people, all of whom deserve a large thank you, true transparency has been initiated over the past year. That transparency has led to important discoveries but has also revealed some painful and hard to face facts. Like alcohol poured on an open wound, those facts, revealed by true transparency sting, leaving us with feelings of confusion, guilt, and humiliation. However, honesty and openness bring about true healing. It has always been my philosophy that adversity vanishes when faced boldly. With this in mind, I offer these thoughts on the indictment of Gene Dickey, former Treasurer of TETA.

As many of you may know, on June 20, 2014, Gene Dickey, was indicted by a Travis County Grand Jury for the unlawful misappropriation of TETA funds in excess of $200,000, a first degree felony. The criminal case is now pending in a Travis County Criminal District Court. In late September, the Travis County District Attorney’s Office filed a notice in the case outlining certain factual allegations against Mr. Dickey based on evidence obtained through its subpoena powers. The allegations outlined a systematic scheme to deceive TETA involving fraudulent financial statements, other falsified documents including false independent audit reports, and other misrepresentations and fraudulent acts used to cover up a continuing misappropriation of TETA funds each year over a nine year period that totaled in excess of $1.6 million dollars. The criminal case is currently set for trial in November although the case may be reset to a later date.

After recently reading the list of allegations filed by the Travis County District Attorney against Gene Dickey, I was taken aback by the audacity and the scope of the fraud by which the man apparently planned and carried out his scheme. My anger and frustration grew and I felt tears welling up in my eyes. But at the very moment I was at my lowest, the phrase “Phoenix rising from the ashes” popped into my head. Initially, I didn’t know why at that particular moment I would think such a thing but after doing a bit of research I understood. As the story goes, the phoenix is a mythical bird with fiery plumage that lives up to 1000 years. Near the end of its life, it settles in to its nest of twigs which then burns ferociously, reducing bird and nest to ashes. And from these ashes, a fledgling phoenix rises—renewed and reborn. After reading the story of the phoenix, it suddenly dawned on me that TETA had experienced a similar journey in 2013, especially the part about burning ferociously. The organization had been defrauded by a duplicitous individual who had served the organization for many years in a trusted capacity, leaving the organization seriously burned but not destroyed. Today, after the horrific storm has blown over, the sun shines brightly, sanity has returned, our Tartuffe has been unmasked, and TETA is moving forward, reborn and renewed.

One question you may ask is: what is the Board of Directors doing to recover TETA’s losses? The answer is, in fact, that we have done and are doing all that we can. TETA brought a civil suit against Gene Dickey that resulted in a bankruptcy filing. The bankruptcy filing stayed the civil proceedings. At a creditor meeting in the bankruptcy case, Mr. Dickey stated that he had destroyed all the financial records of TETA that he had in his possession and that appears to be in fact the case. TETA has had to reconstruct its financial books and records which has been a very difficult process. We will eventually seek to obtain a judgment in our civil suit but unfortunately, as it stands Gene Dickey has no assets against which a judgment could be satisfied. Any decision to order restitution in the criminal proceedings is at the discretion of the Travis County DA. TETA’s Board of Directors has no control over the criminal case. However, as noted by the Travis County DA and our own legal counsel, it does not appear that there are any assets from which restitution could be paid. We have abated the civil suit as the criminal proceedings progress but it is still pending. While I cannot be sure if we will ever recover anything that we have lost, I can say that the Board of Directors is determined to do everything in its power to restore transparency and honor to TETA.

Reflecting on the past few months, I am filled with a surprising sense of peace and excitement about the future. We can now look forward with fresh eyes. The fog has lifted and the dark clouds have moved on. TETA has left this troubling experience behind, and the Board of Directors has taken steps to prevent this kind of thing from ever happening again. We have revised the Bylaws to ensure transparency and thanks to the diligent leadership of Rachel Mattox the Board has adopted a projected yearly budget (a document that did not exist under Gene Dickey’s leadership). The organization has retained an independent outside accountant. The board intends for that person to provide reports in person to the Board of Directors and not just to one individual. We continue to be financially solvent and we look forward to the most memorable convention we have ever had. TETA is “a phoenix rising from the ashes,” alive and well and excited about the future. With the promise of a bright tomorrow ahead, now is the time for everyone who cares about the future of theatre education in Texas to band together and support our attempt to restore a culture of dignity and transparency to the organization. Now is the time for us to unite as a single, powerful team, dedicated to what is most important to us all: the training and education of our teachers and students. As Scott Allen wrote, we want to become “the greatest theatre organization in the world.” I urge you to find a way to contribute to TETA and join us at TheatreFest 2015. We cannot reach our goals and dreams without YOU. In closing, I leave you with a quote from Henry David Thoreau who reminds us that “All misfortune is but a stepping stone to fortune.”

Dr. Marion Castleberry
President of TETA

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