HUD finds conflicts on housing authority board

HUD finds conflicts on housing authority board


By Nok-Noi Ricker
BDN Staff

BREWER, Maine — Officials with the U.S. Department of Housing and Urban Development have found that federal violations occurred when officials from the Brewer Housing Authority authorized contracts with the Ellen M. Leach Memorial Home.

“There is ample evidence that violations of the HUD conflict of interest regulations have taken place,” says an April 21 letter from HUD to Bangor attorney Edward Gould, who is representing the housing authority.

The Bangor Daily News filed a Freedom of Information Act request with HUD to get the correspondences about the possible conflict of interest.

The violations cited by HUD involve three people:

• Frank McGuire, who is president of the Ellen M. Leach Memorial Home board and who sits on the housing authority’s board of commissioners.

• Dorothy “Betty” Igoe, who was the executive director of the housing authority until January 2008 and who now is the Ellen M. Leach Memorial Home executive director.

• Don Lewis, a former housing authority and Ellen M. Leach Memorial Home board member whose fourth term on the housing authority board ended in March.

“The irony is the Leach home [board] is completely voluntary, with absolutely no compensation. So is the housing authority,” McGuire said Monday.

The Leach home was built in the early 1990s on Brewer Housing Authority land and has always had a close partnership with the housing authority, he said.

“It’s always been seen as a good thing that there was a relationship between the two,” McGuire said.

The Leach home Web site, in fact, states, “The Ellen M. Leach Memorial Home is managed by our Executive Director in cooperation with the Brewer Housing Authority.”

HUD found that “a violation of the conflict rule occurred when BHA authorized and entered into Section 8 contracts with Leach Homes while the three of them held both their BHA positions (or within one year thereafter) and their [Leach Home] positions …,” the April letter says. “[N]ew Section 8 contracts were in fact entered into while the two commissioners served on the two boards and the former executive director was still employed at BHA.”

The letter also referred to “frequent written communications over the last few years between Mr. McGuire and other members of his [law] firm and MaineHousing with regard to management and occupancy issues at Leach Homes” but, “It is not known whether the firm was billed for these services.” McGuire works at the Bangor-based law firm of Rudman & Winchell.

Gould has maintained all along that both boards are voluntary, there is no monetary gain by any of the parties involved, and there is no conflict of interest. He said Monday that he would understand HUD’s opinion if someone were making a profit.

“Here we have folks that are trying to do a public service,” he said.

HUD responded to Gould’s statement about monetary gains in its April letter, “it is not necessary to a finding of a violation that either director hold a financial interest.”

Brewer City Councilor Larry Doughty, who is the council’s liaison to the housing authority, asked that HUD look into the matter back in February. He said he was bothered by McGuire being on the board while also doing legal work for the Leach home.

“I had concerns about him being on both boards at the same time,” Doughty said. “One of my concerns was in the [possible] conflict of interest.”

Several letters have been sent back and forth between HUD and the two Brewer agencies over the last couple of months, but the final resolution for the conflict is still unknown, Kristine Foye, HUD deputy regional director, said last week.

“We’re actually still in the process of resolving the issue,” she said.

HUD is asking for three major things to resolve the conflict, according to a Sept. 15 e-mail from Gould to Gordon Stitham, Brewer Housing Authority’s executive director.

The e-mail says “HUD would drop any charges against BHA in return for the following:

ä McGuire would resign from one of the boards. The preference would be to resign from the Brewer Housing Authority board, but that was not a condition of any settlement.

ä McGuire and Rudman & Winchell would agree that neither he nor the firm would provide services to the Brewer Housing Authority for one year after his resignation.

ä Brewer Housing Authority would lose an estimated $8,000 to $9,000 in administrative fees for the one-year period during which the conflict of interest occurred.

Neither McGuire nor Gould wanted to get into specifics about the possible final resolution, but both said they would abide by whatever HUD officials decide.

“We hope we can get it resolved in fairly short order,” Gould said.

Meanwhile, HUD officials also are investigating whether any federal laws were broken when the Brewer Housing Authority bought land in October from Calvin Bubar, a former board chairman who resigned in July. City leaders have hired an attorney to investigate whether any laws — particularly the state’s conflict-of-interest law — were broken. Bubar and the BHA have denied any wrongdoing.

Not registered? Click here
E-mail this
Print this
Guidelines for posting on bangordailynews.com

Bangordailynews.com is pleased to offer a forum for readers to react to our stories, discuss them and provide additional information. We are reluctant to delete comments, but do reserve that right for those who abuse our forum. For more on using this site, please see our terms of service.

The primary rule here is pretty simple: Treat others with the same respect you'd want for yourself. What does that mean specifically? Here are some guidelines (see more):

Comments
6 comments on this item

Just to clarify here. I did not complain to HUD about the possible conflicts of board members. I did speak of my concerns several times, especially when the Council did not 'reappoint' Frank McGuire to the Housing Authority Board a couple years ago. Frank was last appointed to the board, against my better judgment, I guess. However, my concerns of conflicts are still very much alive. A recent concern voiced to me, is that Frank's connection with the Leach Home, offers up an excellent opportunity to further his legal business with the folks at this home. Interesting concept.

Apparently, my concerns at that time were forwarded to HUD authorities. Trying to find citizens for these boards is a never ending process. Nobody seems interested in serving. The misunderstanding here may be that I didn't make myself perfect clear on this issue. The reporter has done an excellent job in covering this whole entire Brewer Housing issue, top to bottom. Larry T. Doughty, South Brewer. larrytdoughty@yahoo.com. www.ourstory.com/larrytdoughty/

When the Mabel Tyrell trust gave money in memory of her mother, Ellen Leach, to "an old folks home" in Brewer, there was about $5 million dollars in the fund. This was about 15 years ago. The Brewer Housing Authority established the Leach Home board with Frank McGuire and me represnting the BHA, two people representing the trust and we picked a fifth member from the community. Starting with a clean piece of paper, the Leach Home was established with the intention of using income from the trust to subsidize 80% of the tenants. What was built is unique in the country and something that Brewer can be very proud of. Tenants with modest incomes can live out their lives in beautiful surroundings and amenities that most could never afford otherwise. The apartment, meals, support package provided by the Leach Home costs about $2000 a month. 20% of the tenants pay that and there is a waiting list because it is a great value at that. The trust supplements the rent for the other tenants, most of whom pay about 1/4 of the cost. Many of those other tenants have been Section 8 recipients. This has been the situation for years. Everyone knew that people on the BHA could not own apartments and have Section 8 tentants because that would violate HUD rules. We were all well aware of that rule and did not think we were violating it. However when Larry Doughty complained to HUD about a perceived conflict of interest, it started an investigation and HUD said that even though Betty, Frank and I were not owners of nor benefited financially, we were on both boards and they interperted that as a conflict. HUD had been reviewing BHA annually for years and never mentioned it before but now they took this strict view. My term was up on the BHA and Betty retired and works at the Leach Home for very, very nominal wages. The BHA is still involved in management of the Leach Home but Betty takes care of most of the day-to-day work. It has been months dealing with HUD on this yet no resolution has been reached and HUD is taking a very long time to deal with it. However the final resolution is near, they have said for weeks.

This "conflict of interest" sure didn't make anyone rich, so politically speaking it's not much of a conflict.

In other words, if this is a conflict of interest, Congress and the Executive Branch had better watch out when HUD comes to check up on them!

Seems there is a history here. Aren't they looking into another deal right now that made big bucks for a board member?

I find it completely bizarre that an elected official is attempting to address this issue in the online posting section of the newspaper. Is this really how Brewer conducts its business?

I think any & all forums for public communication are appropriate...

Whatever the facts regarding whether or not one of these parties inappropriately profited on a land transaction, this situation in part reflects a decline in volunteerism. Too many people seem self-absorbed in petty pursuits - TV, partying, gaming, RVing - and too few take responsibility for volunteering in civic and community activities.

(There is an interesting book, Bowling Alone: America's Declining Social Capital by Robert D. Putnam that may offer insight into this sorry situation)

You must be logged in to post a comment. click here to log in.

Powered by: Creative Circle Advertising Solutions, Inc.