Former board member's past comes to light

December 30, 2005


PAT LITOWITZ
plitowitz@ncnewsonline.com

Affordable Housing of Lawrence County wanted board members who represented the community's diversity.

To that end, Donald "Ducky" Conti tapped his next-door neighbor, the Rev. James O. Blackwell. Conti, the nonprofit housing agency's treasurer, touted Blackwell's standing in the African-American community in securing a seat for the East Home Street resident.

However, Blackwell is part of another community. One that would have raised questions with the board's former president. Blackwell is an ex-convict.

On Aug. 25, 1992, Blackwell pleaded guilty to two counts of aggravated burglary and one count of breaking and entering, according to Stark County, Ohio, court records. He and two Youngstown residents - David E. Smith and Lisa D. Dunn - were accused of burglarizing three Alliance, Ohio, nursing homes. Smith and Dunn also pleaded guilty.

Facing a sentence of five to 25 years, Blackwell spent seven months in the Lorain (Ohio) Correctional Institution. Afterward, he was placed on probation.

Blackwell and Conti could not be reached for comment.

"We asked each member to see if they could bring some new members in because we wanted to have diversity," recalled Robert Evanick, Affordable Housing's former president.

When asked if he was aware of Blackwell's past, he said, "No, absolutely not."

Blackwell resigned early this week, becoming the fourth person to leave the agency's board. He joins Evanick, attorney Frank Natale II and New Castle City Councilwoman Karen DeCarlo. Those resignations also came this month.

Conti and First Commonwealth Bank official Bill Bonner remain on the board.

Evanick is executive director of the Lawrence County Housing Authority. Conti serves on the board of the authority, which created the new agency in 2003.

A criminal past does not prohibit a person from serving on a nonprofit's board.

"It's one of those where you want to be aware of it and careful about it," said Joe Geiger, executive director of the Pennsylvania Association of Nonprofit Organizations.

"Frankly, a lot of organizations would make a judgment: Does this person bring more benefit to the board than exposure?

"There's no law that precludes a nonprofit to recruit someone who had a criminal record but it certainly ought to raise lots of flags on what that person's responsibilities and access to information would be."

Geiger said people are not required to divulge their past when asked to serve on a nonprofit board. However, an organization should practice due diligence in recruiting.

"If you had somebody who was convicted of bad behavior in accounting, you certainly wouldn't want that person to be a treasurer for you."

Revelation of Blackwell's conviction is one more piece of bad news for Affordable Housing.

The purchase of seven houses this month, four above assessed value, prompted the county commissioners to say they want more information about the agency's operations. And the board's ability to function with only two members is being examined.

"The IRS does not like boards of less than three," said Pittsburgh attorney Jack Owen, who specializes in tax-exempt organizations for his law firm, Polito and Smock. "They want to see a board of directors representative of the community."

The Internal Revenue Service is responsible for granting Affordable Housing tax-exempt status.

"The question ... is, would the IRS revoke it because they only have two on the board? The IRS would probably say, 'You have to recruit (more board members).'"


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