RESOLUTION

CALHOUN COUNTY COMMUNITY MENTAL HEALTH AUTHORITY

(Summit Pointe)
17 FEBRUARY 2015

WHEREAS, the Board of Summit Pointe has reviewed facts regarding the operations of Summit
Pointe and the performance of Chief Executive Officer Ervin Brinker; and
WHEREAS, the Board has reviewed records, policies and practices of the Authority and the
Board; and
WHEREAS, the Board has consulted with legal counsel; and
WHEREAS, the Board having reviewed the Chief Executive Officer Employment Contract (the
Contract) between the Authority and Ervin R. Brinker dated 5th day of November 2013; and
WHEREAS, the Board has provided notice to Ervin Brinker on Friday, February 13, 2015 that it
intended to consider a motion to terminate his employment for cause as provided in the Contract.
NOW, THEREFORE, IT IS RESOLVED that there is cause as defined in the Contract to
terminate the Employment of Ervin R. Brinker, for the reasons that:
1. Mr. Brinker failed to timely, fully or adequately inform the Board or seek or secure
approval for numerous acts in establishing, amending, funding, reporting and
operating the Summit Pointe Defined Benefit Pension Plan, in violation of provisions
of the Contract, Summit Pointe Board Policies, the Summit Pointe Compliance Plan,
the Summit Pointe Personnel Manual and applicable law governing pension plans.
2. Mr. Brinker established benefits that materially deviate from geographic and/or the
professional market for the skills employed to his material benefit by numerous acts
in establishing, amending, funding, reporting and operating the Summit Pointe
Defined Benefit Pension Plan, in violation of provisions of the Contract Summit
Pointe Board Policies, the Summit Pointe Compliance Plan and the Summit Pointe
Personnel Manual.
3. Mr. Brinker failed to perform his duties without apparent and actual conflict of
interest, through:
a. Relationships with and payments to Criterion Health, Inc., Centerboard
Associates, Comp Therapeutics, Professional and Personal Wellness, Peter
Corra, William Schroer, Douglas Grosso, Carl Word and Tommy Eli,
b. Operation of his own business entity, Peer Partners, LLC, and another
business entity of unclear ownership, Policy Governance Network, without
compliance with the Contract, Summit Pointe Board Policies, the Summit
Pointe Compliance Plan and the Summit Pointe Personnel Manual.

4. Mr. Brinker failed to perform his duties and failed to operate Summit Pointe in
compliance with requirements relating to procurement and contracting by:
a. Contracting with consultants, directly or indirectly, including but not limited
to Criterion Health, Inc., Centerboard Associates, Comp Therapeutics,
Professional and Personal Wellness, Peter Corra, William Schroer, Douglas
Grosso, Carl Word, and Tommy Eli; and
b. Operating his own business entity, Peer Partners, LLC, and another business
entity of unclear ownership, Policy Governance Network, without compliance
with the Contract, Summit Pointe Board Policies, the Summit Pointe
Compliance Plan and the Summit Pointe Personnel Manual.
5. Mr. Brinker failed to timely, fully or adequately inform the Board or seek or secure
approval to contract with and to pay Summit Pointe funds to a Board Member for
consulting services, in violation of provisions of the Contract, Summit Pointe Board
Policies, the Summit Pointe Compliance Plan and the Summit Pointe Personnel
Manual.
6. Mr. Brinker violated Board policies relating to:
a. General Executive Constraint;
b. Financial Condition;
c. Asset Protection;
d. Compensation and Benefits;
e. Communication and Counsel to the Board.
7. Mr. Brinker violated Sections of the Compliance Plan relating to:
a. Contracting for Goods or Services on Behalf of Summit Pointe,
b. Outside Financial Interests
c. Duality of Interest, and
d. Services for Competitors and Vendors
8. Mr. Brinker violated Sections of the Summit Pointe Personnel Manual for
Administrative Employees, including General Provisions relating to: improper use of
Summit Pointe facilities, staff and equipment for outside business pursuits; engaging
in same during regularly scheduled working hours; using Summit Pointes name in
advertising or soliciting or outside customers; and causing incompatibility, conflict of
interest or appearance thereof; and impairment of the requirements of independent
and impartial performance of his duties.
IT IS FURTHER RESOLVED that the Board believes that these acts and omissions by Mr.
Brinker did or may materially and adversely affect its programs or operation.
IT IS FURTHER RESOLVED that Mr. Brinkers employment is terminated with Cause,
effective immediately.