[13] As determined by its organic law, the United States Secretary of the Interior held a competitive application process to select "the nonprofit partner that [would] serve as Administrative Secretariat for the...Commission."
Per the proposed budget for fiscal year 2023: As the Commission approaches 2026, increased activities will require escalating funding levels from the public and private sector to fulfill its mission.
"[31] Burchard's eleven-page resignation letter alleged that the Foundation's legal counsel had determined that Jesse Askew, vice president of branding and marketing, should have been terminated for submitting "fraudulent expense report and unauthorized invoices" totaling $30,000 of federally-appropriated money, which, nevertheless, had been subsequently approved.
"[31] After the initial news report, three Commissioners, Senator Robert Casey, as well as Representatives Dwight Evans and Watson Coleman, wrote to DiLella, citing the article, as well as their concerns relating that the misuse of funds "or any discriminations in any way involved in their expenditure in unacceptable."
The suit also alleges that both the Commission and the Trust failed in their oversight roles of the Foundation,[11] with accusing leadership of "cronyism, self-dealing, mismanagement of funds, potentially unlawful contracting practices and wasteful spending.
"[32] In addition, it states that DiLella had repeatedly named associates of him to positions of importance, some of the appointments starting off on a voluntary basis and then being transferred to being compensated, a practice, which, in turn created "a 'boys club,' freezing out the women who were given titles and large responsibilities, but no authority or input into key decisions of the foundation," since, "[f]rom the creation of the Foundation until December 2021, only four women served in executive leadership roles," who, coincidentally, were the four plaintiffs.
[11] The requested redress are lost wages, as well as "a Court-mandated full forensic investigation of the Foundation and Commission with respect to pay practices, employment policies and financial transactions and contracts.
[17] In March 2022, the Foundation entered into an agreement with Meta Platforms, "giving Facebook's parent an inside role in producing and promoting the Semiquincentennial commemoration in exchange for $10 million."
Furthermore, America250 will support Facebook's Occulus VR in their pursuit to fly drones over federal property "to catalog National Parks and Landmarks," requesting the organization to coordinate meetings between the company and Department Interior staff, as well as "outsourcing some Semiquincentennial observances to Meta.
"[17] The deal, which was brokered by 21 Sports and Entertainment Marketing Group Inc. and entitled to a 17% commission, was considered by Anna Laymon, then-vice president of programs and planning, in a recording as "seems...to give Facebook special access to a federal agency," while Rob Prazmark, an officer of the aforementioned broker, revealed that it "had been approved by Thomas McGarrigle, a friend of Mr. DiLella who is serving as the foundation's counsel.
"[17] At a September 2021 executive meeting, Renee Burchard, a former-employee like Laymon, "warned that Facebook's involvement could be a deal breaker for other companies," when discussing strategies to lure in other potential corporate sponsors such as Walmart, which has allegedly declined sponsorship invitations.
"[17] These "dissenting commissioners" charged DiLella with "improperly transferring the body's functions and federal appropriations to the private America250 Foundation, which he and his allies control.
Some of the changes, which were approved by a 12-10 margin in a Zoom meeting where it was "proceeded to a vote without debate,"[32] included "[giving] DiLella a stronger control over the commission, with power to appoint officers and committee members, limit commissioners' participation in meetings and withhold information from both the public and other commissioners,"[17] in tune with DiLella's allege wish that the federal agency "operate more like a business.
For his part, Joseph Crowley, who had served as a Representative in the Commission, and afterwards as a private citizen, had previously declared that he was "not comfortable with rubber stamping everything that has been done over the past three years.
"[17] On the March 9 meeting, Crowley, who decried it as "very authoritarian and not at all in the Spirit of '76," and Representatives Robert Aderholt and Bonnie Watson Coleman, the lattermost of whom held up a sign that read "I Demand to Be Heard," all requested to speak and were ignored by DiLella.