Two donors sue US orchestra

Two donors sue US orchestra

Orchestras

norman lebrecht

September 25, 2024

It’s the troubled San Antonio Philharmonic, again.

Two key backers have demanded the return of $180,000, which they say were loans.

The orchestra’s CEO says they will contest this claim in court.

No winners here.

Comments

  • Tricky Sam says:

    Dumb and dumber.

  • Fenway says:

    At least they’ve got good mariachi bands in San Antonio…

    • Terence says:

      “ Nicki Minaj says crowd at San Antonio’s Frost Bank Center one of the best ever

      The 12-time Grammy nominee sang Selena’s ‘Bidi Bidi Bom Bom’ during her first-ever Alamo City show.”

      Do you need an orchestra when you can have ‘Bidi Bidi Bom Bom’?

      You don’t need a music library for that!

  • BP says:

    As a member of this orchestra, we all know the SA local union is to blame for the destruction of SAS. Worst union in all of AFM.

    • Musician says:

      Interesting. Please share more

      • BP says:

        First, they increased their numbers on the negotiating committee to take control back in 2020. In addition to 5 Orchestra Committee members, there were 4 other union board members. There were also a members in OC who are in bed with the union for work (like contracting gigs) so the OC was outnumbered.

        Once our union took control, they did not have the orchestras best interest in mind and did not care about the opinions of their colleagues, but instead had their own personal vendetta and agenda against individuals on our management. Meetings often were/are filled with hate speeches and conspiracy theories about people on our board, who donated money to us.

        They did not adhere to AFM rules. The orchestra is supposed to take anonymous surveys throughout the process, and the negotiating team (OC and Union) refused to do so despite numerous requests.

        A majority of the members of the orchestra wanted to agree to their best and final offer which was a 3 yr contract for our full salary with growth but with the elimination or a few positions through attrition. The negotiating committee turned a deaf ear on their colleagues.

        Now, concerts have terrible attendance despite Kahane coming. The biggest shame is the musical quality. This used to be a great orchestra, but so many great players left. Many on ‘sabbatical’ were not invited to come back and play this season. The subs have become members without a formal audition, and these are people who studied with SAS members in high school or went to UT San Antonio. Funding is down very much, and SA Phil has been unable to offer YPC children’s concerts to the musicians due to lack of funding.

        There is a lot more, if anyone is interested.

        Shame on Local 23 for destroying a great orchestra.

        • Musician says:

          I don’t know who you are, but I’m also a member of this orchestra, and I completely agree with everything you said.

        • MWnyc says:

          If Local 23 is not following AFM rules, can you report them to the national union?

          • Guest says:

            The head of the local (as named by another commenter here) has extremely close ties to the AFM leadership. Any reports in the past have only resulted in the lightest of slap on the wrist.

        • SAS/SAP Fan says:

          Oh, we are very interested in hearing more. Please do go on. It’s frustrating how little information we’ve gotten through journalism over the past few years.

        • Former ticket buyer says:

          Does anyone in the Philharmonic know why ticket pricing has nearly doubled since last season (which ended with a fire code advisory after every seat in the building was sold)? Tickets previously ranged from $35-75, now even mid-tier tickets are $100 or more after fees. Prices are comparable to Dallas Symphony at the Meyerson and higher than Fort Worth Symphony at Bass Hall – SA Phil is performing in the sanctuary at a local church. Donors/sponsors can hold things together, but why would they if the seats are empty? There are magnanimous orchestra fans in San Antonio who won’t check the price tag for tickets, but the community as a whole isn’t going to turn up for this en masse…

    • Bumpoo says:

      If you “all” think your union is not doing a good job, you should have voted to decertify it.

    • Anon says:

      San Antonio is the 7th largest US city, by population. How do things go so wrong there? It’s not a rhetorical question, I’m really wondering.

      • Tricky Sam says:

        Simple. It ranks 187th in per capita income, you have a large military presence which means a highly transient populations and you have several corporations with headquarters there — USAA Financial, Valero Energy, iHeart Radio, HEB supermarkets — with zero history or tradition of supporting the arts.

        https://en.wikipedia.org/wiki/List_of_U.S._metropolitan_areas_by_GDP_per_capita

        Like so many orchestra around the country, the old San Antonio Symphony (where I worked for 2 years) got bigger and bigger, for no good reason. When I was there we were doing 32 classical subscription concerts per year, which was crazy. Looks like the new SA Philharmonic is doing 20 plus 3 special Bach programs plus Beethoven 9 and some pops shows. There are not enough classical music lovers in that town to support this.

      • Fenway says:

        San Antonio is also one of the largest majority-Hispanic cities in the United States, with 64% of its population being Hispanic.

        For classical music, there’s your answer, mi amigo.

      • Truth Hurts says:

        It’s in Texas … need I say more?

        • Don Ciccio says:

          You mean a state whose orchestras had Stokowski, Dorati, Barbirolli, Fricsay, Previn, and Luisi among others as music directors? Yes, truth hurts.

      • MWnyc says:

        San Antonio proper is the 7th largest city in the US by population, but the metro area is the 24th largest.

        Baltimore, Charlotte, Orlando, Tampa-St. Petersburg, and even Riverside, California each have more people in their metro areas than San Antonio has.

        And San Antonio is relatively poor for a metro area its size, so there just aren’t the same extra resources for supporting a professional symphony orchestra there that there are in, say, Charlotte (a major banking center) or Orlando.

      • Gary Jome says:

        If you really want to know, the answer is that while large, it is majority Hispanic and poor by US standards.

    • SAS/SAP fan says:

      I’ve heard of frustrations with the union, but never full out blame for this situation from any of the musicians I’ve talked to. Is it supposed to be the union’s fault that the ex-board of the then-Symphony failed to do their job and raise money?

      I’m also curious to know what the union would have to do with this particular issue, the schism of the new Philharmonic board. Is this Brian Petkovich, by chance? Did the union have something to do with you being voted out? If it is you I guess you’d probably not want to say much at this time, but we’d love some clarification from somebody. It’s really not clear why the new board is eating itself alive right now and voting out major donors/musicians who lead the organization out of the strike.

      • Guest says:

        In the eyes of some in this orchestra, the union is incapable of fault. Any potential failings were brushed aside, and often blames redirected, whether it is to the city, the county, their former home venue of Tobin Center, or other organizations in town. They boast an incredible level of self-aggrandizement (constantly referring itself as a ‘world-class orchestra’), and outsized entitlement. They think the public (including funding from the city/county) should support them because they are predestined to any and all support.

        It’s been a moot point whether if the board and administration of the former symphony were doing their job to fundraise. That horse has been dead for 3 years now. What there is to know is this: when you have a local union that is known to be difficult and incredibly abusive, no other entity will want to work with and support you— not the city, the county, the opera, the ballet, other corporate entities, and certainly not your former home venue which you picketed.

        Most of the players from the former symphony who were capable of winning other jobs are long gone. This orchestra now has just over a quarter of players who played in the symphony. Today, the core of the orchestra is comprised of players who could never win a job elsewhere, or they don’t need the money, supplemented by their current and former students, and retirees who were brought back. Mr. Kahane has brought in some very capable players from out of town, but we all know a couple good musicians sprinkled in an ensemble cannot simply drag an entire orchestra even to mediocrity, and neither can a perfectly capable conductor in Mr. Kahane. And of course, this ‘import’ of out of town musicians has ruffled feathers of some of the established musicians in the current orchestra.

        For better and worse, the current group in power (who all have been around since the days of the symphony) has kept a tight grip on the public perception. They are very aware and intentional about maintaining their positive media coverage, and they were successful until the recent debacle. Musicians either do not wish to speak ill of their ensemble, or fear of being exposed as a tattletale. To the public, they are both a 3-year-old and an 83-year-old orchestra, whichever is more convenient at the time of writing. The legacy of the symphony is claimed when convenient, and when fault comes they are given second chances as a “new” organization. Much of the city has had no comparison to what a good orchestra can and should sound like, so calling themselves world-class will fool some people. Even then, the recent, noticeable loss of audience might indicate that they are losing some of their most ardent of supporters. Most symphonies reside at the top of the pyramid of their respective cities’ performing arts activities. As a result, San Antonio became an arts desert, mostly isolated from meaningful artistic exchanges until the past few years. That’s why when another organization rose to challenge that status quo, censure and coercion began.

        The tale of this particular ensemble (and the former symphony) is likely near its end. Those who have been around know none of these dramas are new, or even surprising. It is only now where its ugly head is rearing out in display for the world to watch.

        • Sas musician says:

          Well said.

          I also wanted to add, the lack of funding from management over the years is largely the union’s fault. The union alienates donors at presto tempo. They have no grace or tact in handling anything publicly or privately. They treat even their own colleagues with utter contempt and disrespect. We’ve managed to piss off all the wealthy people and businesses in town over the years.

          In the past, they have publicly said negative things about past donors or management to the media.

          HEB used to give a lot to us. For an orchestra with a small budget, 200k+ (maybe it was 300k) was a lot, and our Pops series was named after them. But we pissed them off. We dragged their representatives name through the mud, publicly.

          There were opportunities to get exposure with the San Antonio Spurs, but the union made it impossible for that to happen.

          A billionaire who used to support SAS years ago took his funded and created a beautiful new state of the art music building for Texas Lutheran University after the union angered him.

          An executive at Valero (who’s child was majoring in music) said they would never donate unless Craig Sorgi (a union nut who was head of the orchestra committee) left town because of the public things he said.

          There are countless examples of people who used to help and donate to us, that stopped donating because of the Union’s stupidity.

          • Plenty of blame to go around says:

            There’s plenty of blame to go around. Half of the union executives are/were members of the symphony. None of the folks who complain about the union were ever willing to step up and make changes themselves either on the OC or the union. Anyone can be on the eBoard or the OC, you let it happen to yourselves.

            I do agree that the union/OC forced the SAS out of business and the musicians likely would have accepted the last offer that management made if they had been given a choice. It was both the OC and the union who refused to do a survey of the musicians, only two people on the negotiating committee actively pushed for a survey but their request was refused because they were younger than the rest of the folks. The OC/union never appreciated the fact that nobody is going to be honest to the OC chair when she disagrees with you and she is one of the main contractors in town and your only income during the strike. That’s why there is a rule against contractors being on negotiating committees in the AFM bylaws.

            It is also a travesty that the union gave $150k that was raised to support the musicians during the strike to the SA Phil to help purchase the music library when the SA Phil is clearly doomed to failure. Even worse they only gave the musicians any sort of financial support when they found out it was illegal to give money to the SA Phil in the first place.

    • CQ says:

      Richard Oppenheim is a monster.

  • drummerman says:

    I’m not a lawyer but if it truly was a loan, as compared to a gift, wouldn’t there be some sort of paperwork detailing the terms of the loan?

    • 8va Hiker says:

      I searched for the donors names listed in the article and one came up as an attorney. If it is the same person, her firm’s website says she’s an expert in “contract compliance”. Best guess is there is a contract and it was violated.

    • Weird, huh? says:

      Not many details are clear, but in the original agreement the loans are only forgivable (i.e. gifts) so long as the orchestra continues to function as an orchestra and give regular concerts. The Phil. is indeed giving performances and its regularly scheduled season is underway. However, these donors are alleging it is not functioning as an orchestra (even though it demonstrably is) seemingly based on the idea that the currently elected board is illegitimate. The grounds for illegitimacy seem to be that these particular donors and some other board members they like got voted off of it. There was a schism with two competing boards, though I’m not sure if the dissenting board is still actively fighting for control at this point.

      What is more bizarre—trying to derail an orchestra’s current concert season with litigation claiming that it’s not really having a concert season at all? Or, voting crucial, MAJOR donors off of a struggling orchestra’s board?

  • Truth Hurts says:

    I will donate $180,000.00 to this orchestra under one condition: Only female conductors can be hired. Will others among you join me?

  • Robert says:

    The “Texas oilmen” and bankers who funded their wives’ community projects are gone, replaced by tech and healthcare biz people who have no clue about classical music.

  • Anon says:

    Last spring the Board questioned some financial irregularities and insisted on an audit. The ED cut off communication and got some of his friends to pose as a Board and put their pictures up on the website. They don’t do anything and rarely, if ever, meet.

    The Phil is only Treviño and Petkovich doing whatever they want with other people’s money. There is no staff except for a couple of illegals working in the office. Everybody else quit due to “financial mismanagement.”

    This suit is the least of their problems. There’s at least one other lawsuit filed by the old Board. No idea why the press hasn’t picked up on it.

    The Texas AG’s office is investigating and I have heard indictments may be coming.

    The IRS is going to strip their tax exempt status. I guess they’re waiting for those extra agents Crazy Joe promised.

    The orchestra will be finished before their scheduled Beethoven 9 unless somebody gives them a ton of money suddenly. The City and County are finished supporting them and the big corporations and foundations never did.

    Kahane’s reputation will be ruined if he doesn’t bail soon and he probably will.

    These donors clearly don’t care about money or they never would have given this shady bunch anything. They are both lawyers and my guess is they are just trying to save the sheet music collection from government seizure.

    • Sas musician says:

      If this true, Trevino and Petkovich should end up in jail. I hate for bad things to people, but for the good of the orchestra and the city, I am praying for this to happen.

  • Anon says:

    Somebody needs to ask why the ED has been making five figure payments to County Commissioner Tommy Calvert’s girl, Grace Rose Gonzales. Pretty sure she doesn’t play an instrument. Crooks gonna crook.

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