JohnK40 (West Virginia)
Posts: 59
Posts: 59
Posted:
Association is a 400-acre recreational-vehicle private gated community resort with seasonal activities for members, their family, and guests (unique nature with members owning their lots) located in West Virginia open April through October.
Background:
1. Director M was nominated and elected by a floor vote June 2017 Annual Meeting.
2. In July 2017, Director M was verbally told she was NOT on the Board. No legal opinion, nothing written, nothing in minutes. OK, she made an error accepting the verbal undocumented removal.
3. August 2017, Director M was elected to the Board by members vote (actual ballot election).
4. November 2017 (our off-season) Director M was informed by the President at a Board meeting she was going to be removed.
5. December 2017 and January 2018 pass. February 3, 2018 in a FOUR MINUTE MEETING ...
Director C called for Director S to supply the evidence against Director Marty for removal with cause at
9:21am
Director Marty R
Cause for removal will include:
Bylaws Section 4.13 - Removal of a Director
1) Conduct deemed unbecoming of a board member, to include: a) Documented acts of physical assault or battery, threats/actions of physical violence, threats/actions against personal property, extortion, and/or the use of coercion against other directors, corporation members and/or employees. b) A documented pattern of abuse of position/authority to include succeeding in obtaining rights, privileges and/or concepts they wish to have or achieve, etc.
Supporting evidence:
-Multiple emails and audio minutes of vulgar language, threats toward other directors and another director's dog.
-Not replying to BOD or park manager emails for voting on issues
-Not typing up the minutes in its entirety or accuracy
7) Tampering with personal files of Directors, RBMC members and/or employees of RBMC. Tampering is defined as: a) The unauthorized removal of such files; b) The unauthorized removal or destruction of items contained in such files; and/or c) Disclosure of personal or financial information contained in such files
Supporting evidence:
-Removal of park recorder with only set of minutes from Sept & Oct meetings that had not been typed up or uploaded to secure server. A set of minutes has to be on park property at all times per our governing documents.
Section 4.12 - Confidences. All business transacted by the Board of Directors pertaining to members and employees personal information shall be held in honorable confidence, except when demanded or required by proper authority. If any officer or employee, in the opinion of the board, is believed to be in violation of this section of these bylaws, that person shall be liable to immediate removal or discharge by a majority vote of the board.
Supporting evidence:
-Not typing up the minutes in its entirety or accuracy and release of executive information on social media. to personal and private pages
Robert's Rules of Order (Latest version= 11th Edition)
Executive Session (per what the Secretary read at Jan 20, 2018 meeting)
... A member of a society can be punished under disciplinary procedure if he violates the secrecy of an executive session. Anyone else permitted to be present is honor-bound not to divulge anything that occurred. The minutes, or record of proceedings, of an executive session must be read and acted upon only in executive session, unless that which would be reported in the minutes-that is, the action taken, as distinct from that which was said in debate-was not secret, or secrecy has been lifted by the assembly. When the minutes of an executive session must be considered for approval at an executive session held solely for that purpose, the brief minutes of the latter meeting are, or are assumed to be, approved by that meeting.
Supporting evidence:
-Releasing of executive information on social media and to other park members on private sites.
Director Marty chose not to attend the meeting to voice her defense. John Cress calls for motion to vote the
removal of Marty Reiker, with cause. Kathy Sease seconded the motion. Vote by state our names and yay or nay. The vote was unanimous for yay.
As of 9:25 am - Marty Reiker is no longer on the board of directors of RBMC.
Complete history this link, but it is a LONG read. https://www.smore.com/d6kqm
Question. Can a member voted Director be removed by the seated Board.
Question. Must the seated Board make the 'evidence' available or is it sufficient to just list the 'charges' so-to-speak?
I know it is late ... much water flowed under the bridge ... however ... Question. Is there any way possible I can challenge the removal after all this time? The importance is our By-Laws state fours years must pass before a 'removed' Director can 'run' for the Board again. We have an election coming up and MANY members want Director M to run for a Board seat.
Background:
1. Director M was nominated and elected by a floor vote June 2017 Annual Meeting.
2. In July 2017, Director M was verbally told she was NOT on the Board. No legal opinion, nothing written, nothing in minutes. OK, she made an error accepting the verbal undocumented removal.
3. August 2017, Director M was elected to the Board by members vote (actual ballot election).
4. November 2017 (our off-season) Director M was informed by the President at a Board meeting she was going to be removed.
5. December 2017 and January 2018 pass. February 3, 2018 in a FOUR MINUTE MEETING ...
Director C called for Director S to supply the evidence against Director Marty for removal with cause at
9:21am
Director Marty R
Cause for removal will include:
Bylaws Section 4.13 - Removal of a Director
1) Conduct deemed unbecoming of a board member, to include: a) Documented acts of physical assault or battery, threats/actions of physical violence, threats/actions against personal property, extortion, and/or the use of coercion against other directors, corporation members and/or employees. b) A documented pattern of abuse of position/authority to include succeeding in obtaining rights, privileges and/or concepts they wish to have or achieve, etc.
Supporting evidence:
-Multiple emails and audio minutes of vulgar language, threats toward other directors and another director's dog.
-Not replying to BOD or park manager emails for voting on issues
-Not typing up the minutes in its entirety or accuracy
7) Tampering with personal files of Directors, RBMC members and/or employees of RBMC. Tampering is defined as: a) The unauthorized removal of such files; b) The unauthorized removal or destruction of items contained in such files; and/or c) Disclosure of personal or financial information contained in such files
Supporting evidence:
-Removal of park recorder with only set of minutes from Sept & Oct meetings that had not been typed up or uploaded to secure server. A set of minutes has to be on park property at all times per our governing documents.
Section 4.12 - Confidences. All business transacted by the Board of Directors pertaining to members and employees personal information shall be held in honorable confidence, except when demanded or required by proper authority. If any officer or employee, in the opinion of the board, is believed to be in violation of this section of these bylaws, that person shall be liable to immediate removal or discharge by a majority vote of the board.
Supporting evidence:
-Not typing up the minutes in its entirety or accuracy and release of executive information on social media. to personal and private pages
Robert's Rules of Order (Latest version= 11th Edition)
Executive Session (per what the Secretary read at Jan 20, 2018 meeting)
... A member of a society can be punished under disciplinary procedure if he violates the secrecy of an executive session. Anyone else permitted to be present is honor-bound not to divulge anything that occurred. The minutes, or record of proceedings, of an executive session must be read and acted upon only in executive session, unless that which would be reported in the minutes-that is, the action taken, as distinct from that which was said in debate-was not secret, or secrecy has been lifted by the assembly. When the minutes of an executive session must be considered for approval at an executive session held solely for that purpose, the brief minutes of the latter meeting are, or are assumed to be, approved by that meeting.
Supporting evidence:
-Releasing of executive information on social media and to other park members on private sites.
Director Marty chose not to attend the meeting to voice her defense. John Cress calls for motion to vote the
removal of Marty Reiker, with cause. Kathy Sease seconded the motion. Vote by state our names and yay or nay. The vote was unanimous for yay.
As of 9:25 am - Marty Reiker is no longer on the board of directors of RBMC.
Complete history this link, but it is a LONG read. https://www.smore.com/d6kqm
Question. Can a member voted Director be removed by the seated Board.
Question. Must the seated Board make the 'evidence' available or is it sufficient to just list the 'charges' so-to-speak?
I know it is late ... much water flowed under the bridge ... however ... Question. Is there any way possible I can challenge the removal after all this time? The importance is our By-Laws state fours years must pass before a 'removed' Director can 'run' for the Board again. We have an election coming up and MANY members want Director M to run for a Board seat.