A settlement has been reached in a civil lawsuit filed against the Bridgewater Area Community Foundation, Inc. (BACF) and some of its officials by two prominent Central Vermont businessmen who say they were improperly removed from the governing board.
Charles Shackleton and Collen Doyle had filed the civil action in Vermont Superior Court in Woodstock in January, raising serious questions about both the secret operation of the foundation board and the lack of transparency with the non-profit’s finances.
The lawsuit was primarily against BACF Executive Director Kristiana Birmingham, of Woodstock, and board president Brian Bontrager, along with treasurer John Hiers, both of Bridgewater Corners.
The apparent agreement came during a 12-hour marathon session with mediator Michael Marks, a Middlebury lawyer, getting both sides to come to an understanding this month, according to Woodstock attorney Kaveh Shahi on behalf of Shackleton and Doyle.
He said greater transparency and accountability were key for the plaintiffs.
The defendants were equally happy to end the lawsuit.
“We are pleased that a settlement has been reached that provides the opportunity for a final resolution of the litigation and the ability for the Foundation and the Child Care Center to continue serving the community,” said defense attorney Josh Diamond.
Under the terms of the settlement, the two sides agreed Birmingham will not be involved in the operation of the foundation board.
A re-constituted five-member board will be established, and the 2018 bylaws when the Foundation was created will be the operating document to start, he said. The original BACF bylaws adopted in 2018 was a key demand of the plaintiffs until a proper Foundation board legally amended them.
There will be a financial audit by the end of the year to address bookkeeping issues. It will be followed by periodic public financial reports, Shahi said.
“It was determined that it was in the best interest for the community and the non-profit to find the next path forward and not to get too vested into past grievances,” Shahi said.
He said the settlement did not come easy.
“We went from 10 in the morning until 10 at night and we got it done,” Shahi said.
For more on this story, please see our June 25 edition of the Vermont Standard.
