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Thursday, December 15, 2011

HOLIDAY VACATION FOR THE WEDGEFIELD EXAMINER - DON'T MISS THE ARTICLE IMMEDIATELY FOLLOWING THIS ONE

IT IS HOLIDAY TIME AT THE WEDGEFIELD EXAMINER!
The Wedgefield Examiner site is a little more than 2 months old.  We will have 2,000 hits in the next few days!  There is a lot going on in our community regarding our Board and governance.  It is a busy time of year and time to enjoy the holidays with our 6 adult children and 17 grandchildren.  The Wedgefield Examiner will be on vacation until January 3rd. 

Don't forget to come back to this site in the new year!  There is so much to report.  Don't miss out in 2012!  So Merry Christmas, Happy Holidays, and Happy New Year!

BUT

BEFORE YOU LEAVE THE SITE,

BE SURE & READ

"GARRISON KNOWS WHAT IS RIGHT AND FAILS TO FOLLOW THROUGH"

IMMEDIATELY FOLLOWING THIS NOTICE!!!!

GARRISON KNOWS WHAT IS RIGHT AND FAILS TO FOLLOW THROUGH

BACKGROUND:
Please refer to the story at this website titled , "THE WPA REORGANIZATION MEETING, THE PUBLIC MEETING- THAT WASN'T".  You can't miss the fact that Garrison acts surprised that residents have gathered for this meeting. Garrison puts on a real show.  He doesn't mind that residents are there, but just maybe the Board would like to vote as to whether it is an open meeting - or not.  He doesn't get an Oscar for this performance because I've done some background checking and he put his real opinion in writing. 

On December 15th I visited the office to review the correspondence file.  I've obtained the following information legally and ethically. To set the stage for the email, it appears that there was an attempt to schedule the reorganization meeting several times.  There were conflicts of time and availability.  Here is the email.

DATE:  November 29, 2011

TO:  WPA Board

FROM:  Bob Garrison

SUBJECT:  Reorg. Meeting

"OK, one more and hopefully we got it.

Mon., Dec. 5 at 7:00pm.  Required purpose is election of officers and appointment of committee chairs by the president.

Although I personally agree with Jason that this would better be done in Executive session, my understanding is the last word from the board attorney was that this should be an open meeting.  As such, my suggestion is to do just that.  This should be a short and to the point deal.

Larry, if you would ensure that the sign is posted.  I'd appreciate it.

Kathy please make sure this is posted to the web and that both the posting and the sign are done at least 72 hours prior to Mon. evening as required.

Any questions or concerns, feel free to call me at home in the evening.  As you have indicated the likelihood of your availability, we should be able to knock this out Monday.

Also note that the meeting as proposed to take place on December 5 has been postponed and the attorney has been notified."

COMMENTS:

Residents, sometimes you have been hard on my approach to dealing with various subjects.  I've developed my own site in order to write what I need to write. I have no tolerance for people who lie, whether blatantly or by omission.  This is our community.  We have elected fellow residents to deal with us openly and honestly, in the best interests of our community.  Garrison has failed us miserably, when he snakes his way through a subject.  In fairness, I have given him credit when he does the right thing - in the best interests of the community and according to our governing documents, or in this case according to the attorney of record.  We all pay for the legal fees through our assessments.  I don't know what prompted him to go against the information he emailed to the Board, but you can trust that it wasn't in the best interests of our community.  We've had too much of this behavior from more than one Board member.  We elected Board members to serve us openly and honestly, in the best interests of our community.

When individuals fail to serve us honestly, we have a responsibility to write and make them aware that we are watching and intend to hold them to the responsibilities of their office.  Will you write the Board?  Will you stand up at a meeting and speak out against these antics?  Do you realize that we've had lawsuits, peoples reputations ruined over lies?  It won't get better until we are honest and force our Board to be honest.

DO YOU HAVE A COMMENT ABOUT THIS ARTICLE?  YOU CAN WRITE THE WEBSITE AT wedgefieldexaminer@yahoo.com



Wednesday, December 7, 2011

A RESIDENT WRITES THE BOARD REGARDING THE DEC. 5TH REORGANIZATION MEETING

The following letter has been sent to the Board and shared with The Wedgefield Examiner.  FOR MORE OF THE MEETING DETAILS, PLEASE SEE THE FOLLOWING ARTICLE TITLED, "THE WPA REORGANIZATION PUBLIC MEETING THAT WASN'T" AT THIS SITE.

Comments can be sent to:  wedgefieldexaminer@yahoo.com

HERE'S THE LETTER


WPA <wedgeassoc.com@frontier.com>
Subject:Last night's meeting
Priority:Normal Date:Tuesday, December 6, 2011 2:40 PM Size:11 KB
Please distribute to all Board members for their review and place a copy of this e-mail in the correspondence file.
Dear Board,
Nothing will change in this plantation as long as you, the Board, continue to do things the old way.  Last night’s meeting, or non-meeting, just continues to demonstrate the callous disregard that five members of the Board have for the residents of this Plantation and fellow Board members.  Shame on you.  Did anyone prepare for the meeting?
On April 11 , 2011 Bob Moran sent a letter to Jacky Walton,President, and John McBride, Legal Chair in which he specifically addressed Reorganizational Meetings.  This letter should be in the Legal File.  If it is not, ask Johnny where it went.  If he doesn’t know, ask why!
Bob was the attorney of record and re-iterated his concerns about the Board conducting meetings in secret.  He specifically mentions reorganizational meetings. His written opinion was, and I quote:
“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.”
Yes, Jason, John was on the Board when this letter was written.  I fail to see how anyone with half a brain could misinterpret Mr. Moran’s opinion.  You, and four others, certainly did not prepare for last night’s meeting.  The five of you owe the residents who were present an apology for your error.
The letter was addressed to you, Jacky.  Did you read it?  I am disappointed in you and wonder how many of the 318 people who voted for you in 2010 will feel the same way.  You certainly did not speak on their behalf when you, and four others, went against the written advice of the attorney. 
As Board members, you failed to do your homework.  A big Thank You to the four Board members who voted to keep the meeting open.  Secrecy breeds suspicion!
As to the rest of the meeting...
    Bob, as Legal Chair, you will have many hours of daytime work to do.  Do you have the time?  I was under the impression that you worked until 7 during the week.  Will this cause conflict with the suit that you are party to?  Will you allow residents access to the legal files or will you continue to support the blatant violation of our rights under the By-laws?  Will you continue to set policy on your own, as Johnny and George did, without bringing this policy to the Board?
    To reappoint Jason as Community Liaison was a slap in the face to all Wedgefield.  He has not had a report in seven months and has failed to answer most resident concerns.  Jacky, his failings may come back to haunt you as you are ultimately responsible for performance.
   What has happened to the community activities we used to enjoy, Jackie?  The 4th of July Parade and the Tree Lighting are just two we have missed.  Has anyone been welcomed to the community since Yvette resigned?
    Janine, you have a big job ahead of you.  Our annual assessment notices should go out before January 1.  According to delinquency policy, you may have to send letters of foreclosure and/or lien notices. 
    Al, you also have a large job ahead of you since you are responsible for the day-to day operation of the office.  The corporate secretary is also responsible for the Policy Manual.  If you are putting together a committee, I would like to volunteer.
It is disturbing to me that you started the new Board on the same old foot!

Tuesday, December 6, 2011

THE WPA REORGANIZATION MEETING - THE PUBLIC MEETING, THAT WASN'T

The WPA Board Reorganization Meeting was scheduled for December 5th, at 7:00 PM at the WPA office. Notice of the meeting was posted on the WPA website and on a sign near the front gate.  About 20-25 residents arrived to view their 2012 Board at work.  All nine Board Members attended.

Garrison began to speak promptly at 7:00 PM.  He stated there was some confusion as to why there were visitors, when historically the reorganization meetings were closed.  He didn't recall anyone determining it would be an open meeting.  He said he didn't care, unless the Board opposed, and asked whether there should be a vote. When someone asked why it was posted, he said the Board had agreed to announce the meetings, but that did not determine resident attendance.

Jason Barrier wanted a vote. 

McBride spoke and referred to an opinion from Attorney Moran and said there was nothing to hide and that they should proceed with the residents there.

Barrier told McBride that there was no need to refer to a Moran opinion.  He tells McBride that he (Barrier) sent an email that was very clear and there was no need to revisit Moran's opinion.  At one point Barrier tells McBride he wasn't even on the Board when this came up (Wait and read, because Barrier is wrong.)!

Barrier makes the motion to close the meeting.  It is seconded by Walton.  McMillin wants to know if they are setting a precedent. Garrison says there is a 20 year history of the reorganization meetings being closed.  At one point Huggins suggests the Board adjourn to the inner office!

Enter resident Jude Davis who wants to know if they aren't going to follow the Attorney of Record, Moran's advice, have they taken the issue to Moody?  No they haven't.  She says the equivalent of "so you're not going to follow the Attorney of Record's advice"?  No real answer was provided.

Now they have to decide whether they will vote by show of hand or by ballot.  Barrier wants ballots.  The vote by ballot is 5-4 to close the meeting.  Garrison wants to know if anyone wants to inspect the ballots.

COMMENTS AND REAL DOCUMENTATION

Residents this was the biggest cat and mouse game I've witnessed in a long time!  The sad part was it was same old, same old, at our expense. Garrison was head cat, and it appeared that at least part of the Board had staged this.  I looked for their scripts, but obviously they had memorized their lines. Barrier and Garrison could have sung a duet.  Huggins was ready to move the meeting away from the residents, to the inner office.  Walton contributed by saying something about one of the closed meetings being one of the best they ever had.

Barrier was wrong!  McBride was on the Board when Moran wrote an opinion regarding these special Board meetings. 

If you were following the Board's scheduling of their special non member meetings, in the spring of 2011, you'll remember that then Attorney of Record, Bob Moran advised the Board that these meetings were to be open to the residents. It was during April and May when the Concerned Citizen element of the Board (Wilson, Thomas, Huggins, Walters, and Barrier) wanted to remove Walton as President.  Later they acknowledged that because the President had the power to name committee chairs, and Walton had named McBride Legal Chair, that they had to remove Walton.  Barrier asked Walton in a Board Meeting if he would reconsider his Legal Chair appointment.  He refused and they removed him to make Huggins Legal Chair.   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."

Once again McBride stood up for our residents, had the facts, and no one helped him carry the message.  I'm not talking about the new Board Members Cline and DeMarchi.  This was their first experience at this Board table.  McMillin remained silent, as Barrier went after McBride.  That wasn't always the case, but it has been for the last several months.  Walton was a  complete disappointment.  You've read the quote from the letter above.  The entire letter is available for your review at the end of this article.  

The letter is addressed to Walton.   He used this information when the Concerned Citizen element of the Board was trying to remove him.  Walton sat back, gave verbal reinforcement/approval to holding a closed meeting, and took away our opportunity to view the process.  He basically denounced our trust in him.  He promised us open, legal, ethical, according to the governing documents, governance.  He failed miserably!  He failed McBride miserably!  He left him hanging out on a limb.  Did he want the presidency so bad that he was willing to stand against the principled governance he promised?  He failed the 300+ people who voted for him and trusted him.
He failed to follow the advice of the Attorney of Record.

If you haven't read it, or heard it, the results follow:

PRESIDENT - Walton
VICE PRESIDENT - Garrison
TREASURER - Cline
SECRETARY - DeMarchi

What is worse, is when Walton was removed as President, it was because the Concerned Citizens on the Board wanted control of the Legal Chair appointment.  What was one of his first moves as 2012 President?  He appointed Garrison as Legal Chair.  Garrison has snaked in and out of good governance over the last year.  The lawsuit brought by Zieske, Thomas, and Wilson has been settled.  Walton put legal in the hands of Garrison, who is still being sued in the counter suit.  Why?  It was obvious during the campaign leading up to the Annual Meeting that the Concerned Citizens were trying to continue their legal battles through the Board attorney, on our dime. 

His next move was to appoint Barrier as Community Liaison.  Barrier had this assignment during 2011 and was insulting to residents the few times he answered them.  He failed to answer for months.  Why appoint someone who had proven he couldn't or wouldn't do the job?

DeMarchi and Cline have tough assignments.  Ask if there is anything you can do to make their jobs easier, and give them a chance to serve our community legally and ethically.  If you are inclined, send McBride a note and thank him for standing up for our rights'!

THE DOCUMENT MENTIONED ABOVE FOLLOWS.  USE THE ENLARGEMENT TOOL ON YOUR SCREEN TO MAKE IT READABLE.

COMMENTS CAN BE SENT TO:  wedgefieldexaminer@yahoo.com


 

WPA BOARD ELECTS OFFICERS

The WPA Board elected the 2012 Board Officers on Monday, December 5th, at a closed meeting, as follows:

*President - Jacky Walton
*Vice President - Bob Garrison
*Treasurer - Janine Cline
*Secretary - Al DeMarchi

I attended the meeting that had been posted on the WPA website and on a sign placed near the front gate, along with about 25 other interested residents.  We anticipated observing the 2012 Board at work selecting Board Members to fill these critical roles. 

What we got was the run around, and a vote to close the meeting. 

I'm off and running this morning but please visit the website early on Wednesday for a run down of what took place, as SOME of your Board voted to deny residents their right to observe this meeting.

SEND COMMENTS TO :  wedgefieldexaminer@yahoo.com

Sunday, December 4, 2011

WILL YOU ATTEND THE WPA BOARD REORGANIZATION MEETING?

The WPA Reorganization Meeting is scheduled for Monday, December 5th at 7:00 PM.  Will you take the time to attend and follow the decision making of the new 2012 Board?  During the meeting the Board will vote to establish who will fill the officer positions of President, Vice President, Secretary, and Treasurer.

These are critical players at the Board table.  After the vote, each of the officers will still only have one vote, but each of these positions carry responsibilities that impact our community - far beyond one vote. The four have authority to sign checks.  Read the following:
________________________________________

ARTICLE VIII (By-Laws)
OFFICERS

Section 1:  Executive Officers:  The Executive Officers of The Association shall be elected by the Board of Directors and shall be the President, Vice President, Secretary, and Treasure, any of whom may be removed by vote of a majority of the Directors at any meeting.   No person shall hold two or more offices.  

Section 2:  President:  The President shall be the Chief Executive Officer of The Association and shall in general supervise and control all of the business and affairs of The Association.  He/she may sign with the Secretary, or any other proper officer of The Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized and directed to be executed, and in general he/she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors, from time to time.

Section 3:  Vice President:  The Vice President shall in the absence or disability of the President exercise the powers and perform the duties of the President.  He/she shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the Directors.

Section 4:  Secretary:  The Secretary shall keep the minutes of all proceedings of the Directors and the members. He/she shall attend to giving and serving all notices to the members and directors and other notices required by law.  He/she shall have custody of the seal of The Association and affix the same to instruments requiring a seal when duly signed.  He/she shall keep the records of The Association and shall perform all other duties incident to the office of Secretary of a corporation as may be required by the Board.

Section 5:  Treasurer:  The Treasurer shall have custody of all property of the Association including funds, securities, and evidence of indebtedness.  He/she shall keep the books of the Association in accordance with good accounting practices and shall perform other duties incident to the office of Treasurer as may be required by the Board.

________________________________________

THERE'S MORE DUTIES AND RESPONSIBILITIES!

Realize that these positions carry responsibilities greater than those described in the By-Law section quoted above.  Our By-Laws and Policies are peppered with more detail for these positions.

For instance, the President has the power to appoint the committee chairs.  You might say, "so what".  Remember, this function was so important to the Concerned Citizens, who wanted control of the Legal Chair position, that they removed Walton as President, replaced him with Wilson, so they could name Huggins Legal Chair. 

The Secretary carries a huge responsibility for the day to day management of the office,  the development and mailing of the Annual Meeting packet, and the Annual Meeting itself.  A few months ago a friend asked me if I could pull together all of the responsibilities of the Secretary from the governing documents.  The document was 3-4 typed pages long.

The Treasurer has almost a day to day responsibility of staying on tap with the financial business of our Association.  Are we documenting requests for payments properly?  Are we paying according to the contract?  Are we collecting assessments, fees, etc., according to the governing documents, legally and ethically?

WHY SHOULD YOU ATTEND THE MEETING?

There are several reasons you should attend this meeting.  On the positive side, it is your right to sit in on these meetings and observe your Board at work as they reorganize.  Many of us fought hard over the last year to have the meetings posted and actually attend.  During the upcoming year there is high probability that Executive Sessions will be called on critical issues, as they arise.  Again, we should want to observe first hand, the issues, the thinking of various Board Members, and their votes.  You are only allowed to observe at these meetings, but it is important to be there to show support for the Board Members you elected.  We have to get past the point where we vote once a year, acknowledge "a win or a loss", and sit back until it is time to vote again, and listen to rumor. 

On the negative side,  what took so long?  This meeting is usually called within days of the Annual Meeting.  We have been without a President since November 19th.  What held up the meeting?  Maybe you'll find out if you attend.

Before we end, back to the positive:  Last spring your old Board passed a motion to notify the residents of these meetings, by posting a sign and putting the information on the Association website. It didn't happen until now.  THANKS BOARD!!!!

REMEMBER RESIDENTS, WE ARE JUST 11 MONTHS AWAY FROM VOTING AGAIN!

Do you have a comment?  Send them to: wedgefieldexaminer@yahoo.com