BACKGROUND
Briefly, the 2012 newly elected Board held their reorganization meeting on December 5th. Residents were notified of the meeting on the official WPA website and a sign was posted near the front gate. Garrison appeared surprised that several residents were seated in the room as the meeting opened. He was up to tricks. To update yourself, if you haven't read the following articles, please take time to do so now:
"THE WPA REORGANIZATION MEETING - THE PUBLIC MEETING THAT WASN'T"
"GARRISON KNOWS WHAT IS RIGHT AND FAILS TO FOLLOW THROUGH"
During the meeting Garrison suggests that the Board might want to take a vote to determine if the meeting will be open or not. McBride refers to Attorney Moran's opinion on the subject. Barrier says he sent everyone an email regarding the subject. Here's the email:
-------------------------------------------------------------------------------------------------------------------------------
FROM: Jason Barrier
SENT: Wednesday, November 30, 2011, 9:50 PM
TO: Garrison, McMillin, Walton, Walters, McBride, Huggins, DeMarchi, Cline
SUBJECT: Reorg Meeting
Bob,
There are very few of us left on he Board who were present when Mr. Moran advised us of his position regarding executive sessions, so I think it is important to revisit the subject. Mr. Moran, who had served as Board attorney under previous Boards, never expressed any disagreement with holding closed executive session throughout all of his previous encounters with the Board. My understanding of the circumstances that led him to that conclusion is that he made that statement in response to the previous Boards decision to hold executive sessions without the knowledge of all Board members. They made decisions and voted on issues illegally and carried out those decisions without their (typed as written) ever having been a public discussion. Specifically, he had been in discussion with the Legal Chair at the time regarding the illegality of the loan for canal dredging, in which not all members (indeed, not even a quorum) were allowed to enter into debate because they were unaware of the meeting. Additionally, a late vote was accepted via e-mail. Nothing in the By-laws could possibly be interpreted to allow this sort of action. Mr. Moran's statement was a response to the secret action of a select few individuals in a position of power on the Board. He advised that, should an executive session be held, the vote should not be held as binding until i could be properly voted on at the next regular meeting. Since these are held in open forum at regularly scheduled times, it would be legal and binding, This precludes roguish action by a few in power.
Non of the preceding has anything at all to do with an Organizational Meeting, however. In executive session, proposals are debated and the outcome likely will affect the membership in some way. In almost every case, money will be appropriated for some causes and every member has a stake in how our funds are disperse. In an Organizational Meeting, there is no chance that any action will b taken that directly or indirectly affects the membership. It is simply the act of placing officers in their positions and assigning committee chairs. The membership may be interested in the outcome, but have no stake in who is selected for a position. Unlike in other executive sessions, they cannot be materially injured by the outcome. This is not to be taken as a denouncement of my first paragraph, only a distinction between the characteristics of the two types of meetings. Kathy is fully capable of having the results available on the website on Tuesday for all who are interested. I believe it is a mistake to break decades of precedent in this case and to allow the membership to attend this meeting.
Sincerely yours,
-----------------------------------------------------------------------------------------------------------------------------
COMMENTS
Barrier has one of several possible problems, either he is forgetful, doesn't think for himself and blindly follows the advice of one of his Concerned Citizen leaders (???), or he is blatantly untruthful. Attorney Moran covered the issue of open executive meetings, including reorganization meetings, several times. It was addressed in April 2011 when Wilson, Thomas, Huggins, Walters, and Barrier were calling meetings to reorganize and replace than President Walton. Once again, here is his opinion:
The following quote is taken from a letter from Attorney Moran to John McBride, Legal Chairman and Jackie Walton, President, dated April 11, 2011:"It is my understanding that a meeting is being held pursuant to a request from one or more of your Board Members for the purpose of reorganization of the Board. Initially I reiterate my advice to the Board to refrain from conducting business in executive session. There are very few purposes of conducting meetings which are not open to the Membership. Members may be prevented from participating in the meeting, but they should be given the opportunity to attend. This includes the organizational meeting conducted at the conclusion of the Annual meeting and, by implication, any subsequent re-organizational meeting. To the extent any business is ever conducted in executive session the results of the meeting needs to be re-affirmed in open session."
Moran's statement had nothing to do with covert meetings for a dredging loan! It had everything to do with reorganization meetings. Barrier didn't have to explain, Walton, McBride, McMillin, Barrier, Garrison, and Huggins were all on the Board when Moran issued the April 2010 opinion. Barrier's long diatribe on the difference between regular executive meetings and reorganization meetings had nothing to do with anything! This is more of - when we don't like what the lawyer we selected says, we'll say it isn't so, and if that doesn't fly we'll call on precedent. That is one of the favored words of this crew.
Once and for all, if that is possible Mr. Barrier, the dredging loan was not approved at a secret meeting of some selected Board members. The dredging and loan were approved with a open vote during the August 2009 Board Meeting! I was there. It wasn't a secret vote, infact we each stated our vote for all to hear, on a roll call. Residents if you haven't read the minutes from the meeting, please go to the official WPA site and read them. Perhaps you'd like to print them and mail them to Barrier.
COMMENTS: wedgefieldexaminer@yahoo.com
COMMENTS: wedgefieldexaminer@yahoo.com
