IS THIS RIGHT?
There has been a majority shift within our Board of Directors. All the owners who had voted for the new Directors to help our Village be a better place to live have had their representation taken away. Your vote now belongs to director Leroy Mulch and his suing partner Reta Priest. Priest is the ring leader of this invalid recall and is a possible director replacement. They have sued six of our Directors. Three of those six also received restraining orders.
This action has made Directors Burke, Mulch, and Steffensen to instantly become a majority on our Board. It’s no secret that these three have been against the other Directors on issues, the latest being about the replacement of our unlicensed security to which our general manager and Aramark currently benefit from.
Does this seem to be in our Village’s best interest when one out of nine directors is allowed to sue and eliminate enough directors so as to create his own possible majority? Is that what the owners had wished and voted for?
Directors Mulch, Burke, and Steffensen have never once as a group attempted to work out their implied differences with these six Directors. Do you feel its right for them to obtain an authoritative majority from past selective mayhem caused at board meetings and these lawsuits?
Does anybody see something terribly wrong with this?
What did the six Directors do that was so wrong?
The answer is they tried to replace the Long Island Village General Manager. All other reasons seem to have come after or have spread from this action.
The answer is they tried to replace the Long Island Village General Manager. All other reasons seem to have come after or have spread from this action.
Prior to these six being sued, here are just a few things they allowed in part or as a whole in what is now a failed attempt to satisfy these disgruntle three amigos (Directors Burke, Steffensen, and Mulch).
1. They postpone replacing the General Manager in order to do a 90 day evaluation. This was also done in hopes management would attempt to do better. These six Directors even allowed the GM to participate in his own evaluation scoring.
2. They reluctantly but did allowed this recall to be recognized in a regular meeting, even though the procedures done by Reta Priest were clearly not within our By-Law guidelines.
3. They stopped this same regular board meeting in order to meet with the association attorney to obtain her opinion on the validity of the recall proxies being presented. This was to insure owner’s voting rights and that the By-Laws were adhered to. LIV (you) paid the attorney fee.
4. After these recall proxies were determined by our Association Attorney as overwhelmingly invalid for numerous reasons, these six Directors still allowed a members meeting discussion be put on the agenda to entertain again the issue of these invalid and tainted recall proxies.
1. They postpone replacing the General Manager in order to do a 90 day evaluation. This was also done in hopes management would attempt to do better. These six Directors even allowed the GM to participate in his own evaluation scoring.
2. They reluctantly but did allowed this recall to be recognized in a regular meeting, even though the procedures done by Reta Priest were clearly not within our By-Law guidelines.
3. They stopped this same regular board meeting in order to meet with the association attorney to obtain her opinion on the validity of the recall proxies being presented. This was to insure owner’s voting rights and that the By-Laws were adhered to. LIV (you) paid the attorney fee.
4. After these recall proxies were determined by our Association Attorney as overwhelmingly invalid for numerous reasons, these six Directors still allowed a members meeting discussion be put on the agenda to entertain again the issue of these invalid and tainted recall proxies.
Here are a few things our six Directors had to contend with before the lawsuit?
1. After agreeing to a 90 day GM evaluation, Directors McBride, Hansen, and Peterson had a voter recall started against them containing eleven reasons why they should be thrown off the Board. These reasons to date have never been proven. Reta Priest was known as an active participant in lobbying recall votes against these Directors.
2. Each Board member had received court documentation about a long ago divorce hardship experienced by Director Peterson. It was requested to the board that because of this very ancient past, they should take action to rid Director Peterson from the Board. It was a tasteless and shameful action by this recall bunch
3. Director Young was accused of mail tampering because he received mail that’s addressed to him. Director Burke gave a speech about this nonsense at a Board meeting and mentioned he should resign. Reta Priest initiated this accusation.
4. Since considering the removal of the general manager, all six have appeared to come under unnecessary verbal attacks from what seems to be always the same small group of friends associated with the general manager’s wife and Reta Priest. Meetings seem to have taken on an adversarial tone from both sides.
The new directors followed through on their campaign promises in trying to make Aramark management accountable for their actions, but were met with opposition from this management and their friends.
It should be importantly noted these new directors did not initiate the request to replace our general manager, our board President did. Those few who have wish to stop any accountability of this Aramark management has thrust our Village into a social chaos, pitting neighbor against neighbor. These same few have yet to provide owners proof of any wrong doing done by these six Directors.
This appears to have come down to this one issue. Do we keep our current general manager with no accountability towards his actions and at what cost to our Village, or let our elected board work this out and hold our general manager accountable or maybe even replace him at what cost to our Village?
Speaking of cost, this will make it the eighth lawsuit pending against our association. Even though these Directors are being sued as individuals, I read in our By-Laws the Association’s is on the hook to protect them with legal counsel. Below is our Indemnification By-Law. See how you read it. It should also be noted that Mulch and Priest wish to be reimbursed for their Attorney Fees. Guess who will pay for that?
ARTICLE XII. INDEMNIFICATION
The Corporation shall indemnify every Director and every Officer, and their heirs, executors and administrators, against all loss, cost and expenses reasonably incurred in connection with any action, suit or proceeding to which said Director or Officer may be a party, by reason of their being or having been a Director or Officer of the corporation, including reasonable counsel fees to be approved by the Corporation, except as to matters wherein said Director or Officer shall be finally adjudged in such action, suit or proceeding to be liable for or guilty of gross negligence or willful misconduct. The foregoing rights shall be in addition to and exclusive of all other rights to which such Director or Officer may be entitled.
19 comments:
Perhaps a counter suit should be filed against the parties responsible for all this upheavel. If the Pres. is our CEO is it not possible for him to contact our legal counsel and explore this option, surely the Association can recoup some of the expense of this lawsuit and while he is at it how about a suit against Aramark for lack of management and or management that has caused more problems than it has resolved.
Non-Profit Boards and Personal Liability, I sure hope we have insurance for this occasion. Every board member should be covered.
Assuming we do have insurance, all are protected.Life is good. This suit will definitely be thrown out of court. Especially for what these board members are getting sued for. Sure is putting everyone in a tissy. PB LM and RP must be feeling pretty good. All this attention.
NON Profit board members can be sued sure but for far far far more damaging then what these members are getting sued for. We are talking sexual harassment, bad business deals, stealing..
I am confident all will be OK. We just have to wait and complete the process.
Joe its really a nice write up.
The new board has been more then patient. And with that will come reward.
OMG!! just heard that RP & LM are going around asking for money to help pay legal expenses! That is going way too far. Do we really want people like these to take over our village? Think about it. Home owners need to take a stand and stop this crap.
Excellent summation Joe!!!
You do a great job telling what is happening.
I wait anxiously for Dodson, Hansen, McBride, Peterson, and Young to do what's in the best interest of LIV.
Would you vote for a director who sues other directors?
Thats a hard on Joey
Re: asking for money to help pay legal expenses
I would think that most people at LIV worked (or is working) hard for their (retirement) money.
Chipping in money for staff presents or to beautify and fix the golf course is helpful, respected and appreciated.
Chipping in for this legal cause is not helping anyone. An old saying comes to mind...more money than brains.
I think PB, RP & LM are being paid by Cowen to cause all of this upheaval - and while we are all paying attention to this nonsense - Cowen will get all the legal permits he needs, and build a road right across the sea cottages to his land.
Thank you, Joey, for seeing that at the root of all this nonsense is the simple fact that our General Manager must go. Any countersuit should go straight to this fact. Replace Larry and hold Aramark accountable for doing nothing. I have never had any bad feelings against Aramark until now. If they have to go to get rid of Larry, then so be it.
Now thats a different twist.. Cowen paying that group to cause trouble.
See what this has us doing. I guess anything is possible. If Cowen was paying them, RP and LM would nt be begging people for money. I dont know why they are begging for $$$'s anyway, they got enough between. And besides its all tax deductable.
From everything I have seen over last couple of years it seems like LIV is almost in the total control of a Dictatorship. The majority of the previous BOD did not and would not hold the GM accountable for his actions. When new directors were voted in and ask for accountablity all hell broke lose. Now this lawsuit. Yes, some board members need to go, but they are not the 5 being sued. Directors Young, Dodson, Petersen, Hansen and McBirde please do not resign. The village needs you all way too much.
When MS was running for office I spoke to her and expressed my views about LD and my concerns for LIV. She was very nice and also concerned. She told me she would look into it. She didn't tell me she would be a part of this. It saddens me , that a women of her standings fails to see the impact that LD has caused. I seen and heard it two years ago. Is she that out of touch with reality?
In response to anonymous in reference to MS and being out of touch with reality. The answer is yes. And, unfortunately, with MS are many others.
Are these 3 directors so wrapped up in themselves that they don't see what is happening with the whole park?
Re: "Are these 3 directors....."
By the saying "these 3 directors", I would assume you are talking about PB,MS,LM. I can assure you directors McBride, Petersen & Hansen, along with Young and Dodson put the welfare of the village first. Am not sure about Sullivan as he seems to take "counsel" from PB. I would hope that this is not the case.
Yes, the reference of these 3 directors is PB, MS, and LM.
It's hard to believe that this 'stuff' is still going on.
GIVE IT UP!!!
I find it hard to believe that the professional people of LIV will believe the propaganda that Reta Priest is spreading.
Shouldn't each of us be asking her where her 'facts' come from?
I have never heard any of the BOD express and interest in being rid of Aramark or them wanting to run the park on their own.
I'd like to know where she gets her information?
RE: Anonymous said..."I find it hard to believe...."
Reta Priest does not have any facts, just bad fiction.
Seems the main goal of all this hassel is to keep the GM on here at LIV. It would be very interesting to know why this small group of people want the GM to stay. Hmmm anyone got a theroy??
Maybe someone should write Armark and let them know what is going on due to their employee!
Your right, the NBOD'S goals where not to run the park and etc etc etc
Firing the GM was the first order of the day! That's where you had to start! At the top, or this case on the bottom.
The GM doesn't work well with people and he doesn't run LIV very good either.
Why RP didn't win ,BS didn't win. Because The voters knew this is what they are made of TROUBLE
We know where they stood with the GM.
Imagine if those people would have won. And we had PB MS LM .
It would be another Bush administration.
OMG! I cant think about it anymore.
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