First, I'll provide a little back ground. I'll provide the information to support my answers. I'll share the completed document with the Board so they'll know where to get the information, in case you ask.
We'll start with the WPA Policy Manual regarding answering resident questions. HERE IT IS:
1.02
Scope and Procedure:
1. When a written communication is received in the WPA office, the office
clerk will date stamp it, place a copy in the correspondence file, and
forward a copy to all board members.
2. Upon receipt of the communication copy, the Community Liaison
Chairperson will determine if another WPA committee should be
involved with assisting with the inquiry response. If that is the case,
they are expected to merge their responses with that of the Community
Liaison Chair who must write the final response.
3. All proposed responses will be submitted in writing (with other relevant
materials) for eventual inclusion in the final response which is to be
presented to the Board of Directors.
4. There will be a ten (10) day deadline for the acknowledgement of receipt
of communication. There will be a thirty (30) day deadline for the final
response to the resident or member, unless the final response requires
more extensive research of underlining issues. If more time is required,
the affected resident or member will be notified of this fact.
_______________________________________________________________________________
Can you believe it? In my case they failed in their responsibilities! Did Fred Thomas have to wait 10 days? No, he did not. His letter to President Walton was received on July 9th and by noon of the same day DeMarchi was calling Wijthoff. For me, I'm way past a month. I have reached the point where I will publish all my correspondence to the Board here, as I send it off to the Board.
My June 12th letter to the Board follows. Please note that the original letter will appear in black and my answers in red.
_________________________________________________________________________________
June 20, 2012
TO: WPA BOARD c/o Mr. LaFrance, William Douglas
FROM: Madeline Y. Claveloux
RE: Request for Copy
Clarification and Provision of Information
Objection & Clarification
Request for Copy of Archival Documentation
Request for Copy
I am requesting a copy of Attorney Moody’s legal opinion regarding the confidentiality statement. Please let me know when I can pick it up at the office.
ANSWER: First organized "officials" whose intent is to "serve" their public would have looked at this letter, determined what they could respond to quickly and emailed me and gave me a date and time to come into the office and either review the document or provide a copy. Remember confidentiality isn't an issue because Garrison read portions of the opinion during a open Board Meeting. Our By-Laws State: ARTICLE XII, BOOKS AND RECORDS, Section 1: "All books and records of The Association may be inspected by any member; or his agent or attorney, for any proper purpose at any reasonable time."
First, I was within "reasonable time". I asked when, as in at your convenience. Second, I asked for a copy. The Board COULD HAVE ANSWERED, maybe said I could only review it, or relied on the wonderful word so many use here, "PRECEDENT, and allowed me a copy, as has been the practice for YEARS. So, I get to see or have a copy of the document. THIS IS JUST SELECTIVE GOVERNANCE. Before I leave this question it should be noted that until we elected Secretary DeMarchi, we could go and view records, receive copies, WITHOUT A BOARD MEMBER PRESENT. The By-Laws do not require it, only Secretary DeMarchi.
Provision of Information
I was surprised, and am skeptical about the statement made that committee members are indemnified through the Board’s insurance. Please provide a copy of the section of the Board’s Insurance policy, or quote the section’s specific language, regarding this coverage.
ANSWER: Again I was reasonable and within the By-Laws, as noted above. THE BOARD EITHER HAS THE DOCUMENT or THERE IS A LIE IN HERE SOME PLACE. Did they really speak the truth from the Board table?
Clarification
I believe I heard Legal Chair Bob Garrison state that committee members and Board Members could be removed if they violated the Confidentiality Agreement. I credit myself with a clear understanding and thorough knowledge of our governing documents.
Please provide the section and language in our governing documents that would allow removal of a Board Member under those circumstances. My reading indicates that unless a Board Member has not paid their assessment, has committed a crime against the association and been found guilty, that there is no avenue to remove a Board Member short of a recall.
ANSWER: I've reviewed the By-Laws. These are the only instances I can find that refer to the removal of a Board Member. ARTICLE VII, BOARD OF DIRECTORS, Section3 - (c): "Removal. Any Directr may be removed from office with or without cause by concurrence of two-thirds of the eligible votes of the entire membership at a specail meeting of the members called for that purpose." More information foolows but this covers the subject.
Again under the same section: "If any Director fails to pay any annual assessment within thirty (30) days after its due date, or is in violation of any of the Covenants and who fails to remedy the violation within 30 days written notice by the Board of Directors, he/she shall be removed as a Director and the remaining Directors shall select a successor to serve the unexpired portion of the term of said removed Director."
If you are a committee member I believe you are there at the pleasure of the Board. They can remove you, but if they do I would scream the circumstances from the roof tops if they claim you violated the Confidentiality Agreement and you were guilty, unless you are quilty of relaying PRIVATE MEMBER FINANCIAL INFORMATION, because that is all that the agreement insists you remain silent about!
Since the Board failed to answer I rate this as a plain old lie or deception on the part of your Board.
The answer is important, as we have had several Board Members publicly violate the Confidentiality Agreement. Jude Davis mentioned the very public disclosure in the Wragg earlier this year. At last months meeting the payment status of Mr. Grey was discussed openly at the Board Meeting. What will happen to these Board Members?
Who will enforce the policy?
This Board wants to silence YOU. Trust me they won't and can't start legally removing each other. NONE OF THIS HAS TEETH OR ENFORCEMENT AND THEY TOOK IT TOO FAR ON A BOGUS DOCUMENT - more later.
Request for Archival Documentation
During the June Meeting it was stated that the Confidentiality Agreement has been in place for many years. It wasn’t mandatory that it be signed but it was in the Policy Manual.. As a former Board Member I have numerous old copies of the Policy Manual and can’t find it. Please provide a properly dated copy of this section of the Policy Manual.
ANSWER: This is another case of if they had it, they would produce it and do it quickly. THE CONFIDENTIALITY AGREEMENT IS NOT A HISTORICAL, UTILIZED BEFORE, POLICY. You know I always tell you when something is a RUMOR and this is. It is rumored that even your Board feels that they were lied to about this document. First some were told it was old and yellowed, when actually it is quite white and fresh looking and was found in a file unrelated to policy. THIS WHOLE CONFIDENTIALITY AGREEMENT AND ITS USE WAS INITIATED WITH A LIE.
Objection & Clarification
At least as of yesterday, I was a member of the Water Amenities Committee, assigned to the Canal subcommittee. I have not signed the Confidentiality Agreement on the advice of my attorney. I have not hidden the fact that I have not signed it. In fact I made Board Members McBride, Garrison, and Anderson aware of the fact. I have been allowed to attend meetings with the promise of my silence on the items discussed. I have kept my word.
I am considering signing the Confidentiality Agreement, after the items listed above have been provided, against my attorney’s advice. I am in agreement that any contact Board Member, or committee member has with individual resident financial information, should be held confidential. In fact, the document relates only to confidentiality of that information. I believe I could sign and agree to that. However, if I did sign it and were allowed to sit on committees that is the ONLY information I would find it necessary to hold confidential. The rest would be at my discretion.
It appears this Board has taken an agreement utilized for the sole purpose of protecting individual residents, and used it as a broad brush to silence and hide information from the residents. They are destroying the best attributes of the committee process. It appears that they are afraid of residents having and discussing information.
ANSWER: Here is the confidentiality statement. It doesn't take an attorney, or a great deal of brain power to see THAT IT RELATES ONLY TO FINANCIAL INFORMATION AND HAS NOTHING TO DO WITH ANYTHING ELSE THAT A COMMITTEE DISCUSSES UNLESS THE COMMITTEE CHAIR DOUBTS THAT THE MOVES PROPOSED ARE NOT IN THE BEST INTERESTS OF THE COMMUNITY. ADDITIONALLY, YOUR BOARD APPEARS TO THINK THEY CAN HERD YOU INTO FOLLOWING LIKE CATTLE, AND THAT YOU DON'T HAVE THE CAPACITY TO READ AND APPLY THE CONTENT OF WHAT YOU READ. This whole thing is based on a lie and used to selectively silence you.
Confidentiality Agreement
Wedgefield Plantation Association has policies and procedures regarding confidentiality of information from inappropriate and/or unlawful disclosure. When data is collected and aggregated, individual member confidentiality is protected. All staff and volunteers(board and committee) agree in writing to maintain member confidentiality. Information concerning member status, and financial and other personal information is processed for each individual member through Wedgefield Plantation Association office and is an important part of Wedgefield Plantation Association business.
CONFIDENTALITY IS ESSENTIAL!!
I understand that any member information to which I have access, through verbal knowledge, access to records or through attendance at board meeting is privileged and shall be held in strict confidence. Member information will only be shared with appropriate Wedgefield Plantation Association personnel.
Board/Staff Name: ___________________________________
Date: _____________________
Board/Staff Signature: _________________________________ ___________________________________________________________________________________
My verbal agreement went against every principle I ever had as I worked with and on committees and Boards, over 25 years in the non profit arena. Any appearance of secrecy at this point in our history will come back to bite this Board. How insulting to the residents intelligence, for Garrison to make a motion to spend Association funds, on seeking advice regarding a “secret option” for the canals! Most of us don’t spend money until we know what we are buying. Right now, we are contributing to a secret.
Board, please provide the information requested above so I can make a good decision for myself. If the Board has made a decision as to whether I will be allowed to remain on the committee, please be decent and professional enough to notify me.
If you don't write and demand that the secrecy stop then you deserve what you are getting - lies, selective governance, and secrets that insult the average persons intelligence. Again, why did your Board SELECT Thomas for immediate attention against their own policy, and ignore the policy for me?
CC: WPA BOARD
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