[DeTomaso] FW: Recent BOD Actions
Lynn Wall
lwall67 at gmail.com
Mon Jul 25 18:39:19 EDT 2016
Uh Oh. This guy shares the same first name as MS.
Can we get one of the clubs foil-hat wearing, black helicopter dodging paranoids to go back several months and research this guys previous posts, research his IP address or run his name against all known Pantera club registers? I mean, what are the odds?????? It must be "he who shall not be named"
I wonder why there has not been a public email from the "new" leadership meant to assuage our fears and build some level of comfort. Even dictators will try to quiet the masses and let them know that even though they were not elected by us we can expect them to act in our best interests. I even checked my junk and trash folders.
Anybody?? Bueller?? Bueller??
I did not necessarily like MS methods but I loved his results. I agreed with almost everything accomplished, just not all of his methods. I did not see any reason for the actions that are alleged to have taken place.
I anxiously await the answer to the questions below
Now do I sign my name or let those same people worry that I might be MS.
Oh what the hell, Lynn
From: mailer at mail2.clubexpress.com [mailto:mailer at mail2.clubexpress.com]
Sent: Monday, July 25, 2016 3:11 PM
To: General Discussion <no_reply at mail2.clubexpress.com>
Subject: Recent BOD Actions
View/reply online <http://POCA.clubexpress.com/content.aspx?page_id=2161&club_id=999896&item_id=621791&message_id=1530140>
Board of Directors Action(s) towards Mr. Shortt
In light of recent actions the POCA Board of Directors, as a member of POCA, I would like to be assured that your actions are of the highest integrity. By this, I would like to know if the BOD followed the proper procedures as written in the POCA By-Laws.
There was/were meetings by the BOD (deemed under “Special Meetings”). Did either the President or the Vice President preside over these meeting(s) as outlined in the Duties of Officers?
ARTICLE IV OFFICERS
Section 6. Duties of Officers:
(a) President: The President shall preside at all meetings of POCA and of the Board of Directors, and shall perform such other duties as ordinarily pertain to the office. The President shall have the power to appoint committees as necessary. The President shall also have the power to designate Executive Sessions of any POCA meetings and to implement Executive Sessions upon the request of any Board member.
(b) Vice-President: The Vice-President shall assume the duties of the President in his/her absence, and shall perform other duties as usually pertain to that office, and that may be assigned by the Board. In addition, the Vice-President shall be responsible for establishing the program for general meetings.
Is there documentation to support that the member elected POCA President, Mr. Shortt, failed to perform his duties as set forth in the By-Laws or engaged in any action(s) that was adverse to the best interest(s) of POCA and its membership? If so, was a written statement of the Board’s position sent to Mr. Shortt as outlined below? Was he then given 30 days to respond? If so, was his response/corrective action(s) inadequate to what you had provided him in writing as outlined in Section 7: Removal of Officers?
Section 7. Removal of Officers:
If an elected officer fails to perform his or her duties as set forth in the By-Laws or engages in a course of conduct or manner that is adverse to the best interests of POCA and its membership, the Board of Directors shall, by a majority vote, empower a representative of the POCA Board to send a written statement of the Board's position relating to that individual's performance of his or her duties, and of the Board’s intent to vacate that individual's office. The elected officer so affected, shall have thirty (30) days from the date of the Board's notice to respond thereto in writing. If the officer fails to respond within the time limit, or if, in the opinion of a majority of the Board members, such response contains inadequate guarantees of performance, the Board, by a majority vote, shall have the authority to declare the office vacant. The Board shall have the power to fill the vacancy pursuant to these By-Laws, and such newly appointed officer shall serve for the unexpired term of the vacancy.
Under the By-Laws for holding special meetings, was notice given to all board members (you just can’t invite the only ones you want to) electronically or by mail, no less than 5 days in advance of the meeting? Are there meeting notes that will be published on the POCA website?
ARTICLE VI MEETINGS
Section 3. Special Meetings:
There may be such additional Special meetings of the POCA Board of Directors as necessary, upon the call thereof by the President or upon the call of any three (3) POCA Board members. Such special meetings of the Board shall take place on a date and time, and at a location, designated by the person’s authorized to call same. Notice of Special Board meetings may be given either electronically or by mail, provided such notice is accomplished not less than five (5) business days in advance of the date of such Special Board meeting.
Given the removal of Mr. Shortt from the BOD, were the proper disciplinary processes followed? If Mr. Shortt was in violation of Section 1: Behavior, were the proper procedures as outlined in Section 2 followed? If so, using progressive discipline (unless the original complaint was of such an egregious nature that it would have caused/did cause physical harm to a person or was gross misconduct detrimental and adverse to the interests of the Club and its membership) were the By-Laws set forth in Section 3: Forms of Discipline in that Mr. Shortt was either sent a Warning Letter or Letter of Censure? Were there any other BOD members that also engaged in the same behavior (either initially or as part of the conversation) that Mr. Shortt was in violation of? If so, were they are handled in the same manner?
ARTICLE VII DISCIPLINE
Section 1. Behavior:
All POCA Board members and POCA members shall conduct themselves in an appropriate and seemly manner at all times during Club activities in their dealings with the public, public officials, POCA Board members and POCA members.
Section 2. Member Rights:
Any POCA Board member or POCA member charged with an offense(s) under this Article shall be fully apprised of the charges in writing by the POCA Board of Directors and afforded an opportunity to respond, either in writing to or in person before, the Board of Directors, within forty-five (45) days of the notification from the Board of Directors.
Section 3. Forms of discipline:
Any POCA Board member or POCA member so charged who, in the Board's judgment, as evidenced by a majority vote, is guilty of conduct or other reprehensible behavior deemed adverse to the interests of POCA, its policies, its membership, or is in violation of any or all of these By-Laws, may be disciplined by the Board. Discipline shall take such of the following forms as the POCA Board, by a majority vote, may deem to be commensurate with the nature and gravity of the offense:
(a) Warning Letter: A private and confidential letter of warning may be transmitted by the POCA Board to the offending POCA member, setting forth the breach(es) of conduct and cautioning the member that any further act detrimental to the best interests of the Club may result in sterner disciplinary action as authorized by and contained in these By-Laws, and advising that member that he or she may respond either in writing or in person to the Board of Directors within forty-five (45) days of the notification from the Board of Directors.
(b) Letter of Censure: A formal letter of censure may be issued to the POCA member, with or without notice to the Club membership, setting forth the breach(es) of conduct and censuring the member for conduct detrimental to the best interests of the Club, and advising that member that he/she may respond, in writing or in person, to the Board of Directors with forty-five (45) days of the formal letter of censure, and that any further occurrence of offense(s) of the same or a similar nature may result in suspension of membership status, together with all rights and privileges associated therewith, and/or disqualification from further participation in Club activities, for a period as determined by a two-thirds vote of the Board of Directions.
As a member of POCA, I would expect those that are elected by the members that would be conducting the business of our car club, be held to the highest standards. Just because a person is not liked does not justify what is/has been done. If the BOD has not followed all of the By-Laws that they were elected to follow, then their actions are not within the State of California law(s) that govern a not-for-profit group. Just a question, would it be justified to have the Atty General in California notified of this and let them investigate because I do not agree with what had happened?
At most, bylaws are legally binding documents that orgs must submit to IRS and state agencies, as well as some foundations. So: “Follow the provisions religiously. You not only have a duty to understand your bylaws, you are legally accountable for following them. This is not optional. A court of law will side with your bylaws in any dispute brought by another board member, an employee, volunteer or recipient of services who may have a grievance.” (McKay, Greg. " <http://www.501c3.org/blog/nonprofit-bylaws-the-dos-and-donts/> Nonprofit Bylaws – The Dos and Don’ts". Foundation Group CEO's Blog. Dec. 1, 2010. Retrieved Dec. 9, 2014)
So, to finalize this, BOD – did you follow the POCA By-Laws? If not, what are you going to do to rectify this situation? Remember, the members elected Mr. Shortt as President of POCA. Ours is the voice that should be heard, not yours.
You have received this message as a member of: Pantera Owner's Club of America
Change preferences (including opt-out): Online Profile <https://POCA.clubexpress.com/content.aspx?page_id=13&club_id=999896>
-------------- next part --------------
Uh Oh. This guy shares the same first name as MS.
Can we get one of the clubs foil-hat wearing, black helicopter dodging
paranoids to go back several months and research this guys previous
posts, research his IP address or run his name against all known
Pantera club registers? I mean, what are the odds?????? It must be "he
who shall not be named"
I wonder why there has not been a public email from the "new"
leadership meant to assuage our fears and build some level of comfort.
Even dictators will try to quiet the masses and let them know that even
though they were not elected by us we can expect them to act in our
best interests. I even checked my junk and trash folders.
Anybody?? Bueller?? Bueller??
I did not necessarily like MS methods but I loved his results. I
agreed with almost everything accomplished, just not all of his
methods. I did not see any reason for the actions that are alleged to
have taken place.
I anxiously await the answer to the questions below
Now do I sign my name or let those same people worry that I might be
MS.
Oh what the hell, Lynn
From: mailer at mail2.clubexpress.com
[mailto:mailer at mail2.clubexpress.com]
Sent: Monday, July 25, 2016 3:11 PM
To: General Discussion <no_reply at mail2.clubexpress.com>
Subject: Recent BOD Actions
View/reply [1]online
Board of Directors Action(s) towards Mr. Shortt
In light of recent actions the POCA Board of Directors, as a member of
POCA, I would like to be assured that your actions are of the highest
integrity. By this, I would like to know if the BOD followed the
proper procedures as written in the POCA By-Laws.
There was/were meetings by the BOD (deemed under "Special Meetings").
Did either the President or the Vice President preside over these
meeting(s) as outlined in the Duties of Officers?
ARTICLE IV OFFICERS
Section 6. Duties of Officers:
(a) President: The President shall preside at all meetings of POCA and
of the Board of Directors, and shall perform such other duties as
ordinarily pertain to the office. The President shall have the power to
appoint committees as necessary. The President shall also have the
power to designate Executive Sessions of any POCA meetings and to
implement Executive Sessions upon the request of any Board member.
(b) Vice-President: The Vice-President shall assume the duties of the
President in his/her absence, and shall perform other duties as usually
pertain to that office, and that may be assigned by the Board. In
addition, the Vice-President shall be responsible for establishing the
program for general meetings.
Is there documentation to support that the member elected POCA
President, Mr. Shortt, failed to perform his duties as set forth in the
By-Laws or engaged in any action(s) that was adverse to the best
interest(s) of POCA and its membership? If so, was a written statement
of the Board's position sent to Mr. Shortt as outlined below? Was he
then given 30 days to respond? If so, was his response/corrective
action(s) inadequate to what you had provided him in writing as
outlined in Section 7: Removal of Officers?
Section 7. Removal of Officers:
If an elected officer fails to perform his or her duties as set forth
in the By-Laws or engages in a course of conduct or manner that is
adverse to the best interests of POCA and its membership, the Board of
Directors shall, by a majority vote, empower a representative of the
POCA Board to send a written statement of the Board's position relating
to that individual's performance of his or her duties, and of the
Board's intent to vacate that individual's office. The elected officer
so affected, shall have thirty (30) days from the date of the Board's
notice to respond thereto in writing. If the officer fails to respond
within the time limit, or if, in the opinion of a majority of the Board
members, such response contains inadequate guarantees of performance,
the Board, by a majority vote, shall have the authority to declare the
office vacant. The Board shall have the power to fill the vacancy
pursuant to these By-Laws, and such newly appointed officer shall serve
for the unexpired term of the vacancy.
Under the By-Laws for holding special meetings, was notice given to all
board members (you just can't invite the only ones you want to)
electronically or by mail, no less than 5 days in advance of the
meeting? Are there meeting notes that will be published on the POCA
website?
ARTICLE VI MEETINGS
Section 3. Special Meetings:
There may be such additional Special meetings of the POCA Board of
Directors as necessary, upon the call thereof by the President or upon
the call of any three (3) POCA Board members. Such special meetings of
the Board shall take place on a date and time, and at a location,
designated by the person's authorized to call same. Notice of Special
Board meetings may be given either electronically or by mail, provided
such notice is accomplished not less than five (5) business days in
advance of the date of such Special Board meeting.
Given the removal of Mr. Shortt from the BOD, were the proper
disciplinary processes followed? If Mr. Shortt was in violation of
Section 1: Behavior, were the proper procedures as outlined in Section
2 followed? If so, using progressive discipline (unless the original
complaint was of such an egregious nature that it would have caused/did
cause physical harm to a person or was gross misconduct detrimental and
adverse to the interests of the Club and its membership) were the
By-Laws set forth in Section 3: Forms of Discipline in that Mr. Shortt
was either sent a Warning Letter or Letter of Censure? Were there any
other BOD members that also engaged in the same behavior (either
initially or as part of the conversation) that Mr. Shortt was in
violation of? If so, were they are handled in the same manner?
ARTICLE VII DISCIPLINE
Section 1. Behavior:
All POCA Board members and POCA members shall conduct themselves in an
appropriate and seemly manner at all times during Club activities in
their dealings with the public, public officials, POCA Board members
and POCA members.
Section 2. Member Rights:
Any POCA Board member or POCA member charged with an offense(s) under
this Article shall be fully apprised of the charges in writing by the
POCA Board of Directors and afforded an opportunity to respond, either
in writing to or in person before, the Board of Directors, within
forty-five (45) days of the notification from the Board of Directors.
Section 3. Forms of discipline:
Any POCA Board member or POCA member so charged who, in the Board's
judgment, as evidenced by a majority vote, is guilty of conduct or
other reprehensible behavior deemed adverse to the interests of POCA,
its policies, its membership, or is in violation of any or all of these
By-Laws, may be disciplined by the Board. Discipline shall take such of
the following forms as the POCA Board, by a majority vote, may deem to
be commensurate with the nature and gravity of the offense:
(a) Warning Letter: A private and confidential letter of warning may
be transmitted by the POCA Board to the offending POCA member, setting
forth the breach(es) of conduct and cautioning the member that any
further act detrimental to the best interests of the Club may result in
sterner disciplinary action as authorized by and contained in these
By-Laws, and advising that member that he or she may respond either in
writing or in person to the Board of Directors within forty-five (45)
days of the notification from the Board of Directors.
(b) Letter of Censure: A formal letter of censure may be issued to
the POCA member, with or without notice to the Club membership, setting
forth the breach(es) of conduct and censuring the member for conduct
detrimental to the best interests of the Club, and advising that member
that he/she may respond, in writing or in person, to the Board of
Directors with forty-five (45) days of the formal letter of censure,
and that any further occurrence of offense(s) of the same or a similar
nature may result in suspension of membership status, together with all
rights and privileges associated therewith, and/or disqualification
from further participation in Club activities, for a period as
determined by a two-thirds vote of the Board of Directions.
As a member of POCA, I would expect those that are elected by the
members that would be conducting the business of our car club, be held
to the highest standards. Just because a person is not liked does not
justify what is/has been done. If the BOD has not followed all of the
By-Laws that they were elected to follow, then their actions are not
within the State of California law(s) that govern a not-for-profit
group. Just a question, would it be justified to have the Atty
General in California notified of this and let them investigate because
I do not agree with what had happened?
At most, bylaws are legally binding documents that orgs must submit to
IRS and state agencies, as well as some foundations. So: "Follow the
provisions religiously. You not only have a duty to understand your
bylaws, you are legally accountable for following them. This is not
optional. A court of law will side with your bylaws in any dispute
brought by another board member, an employee, volunteer or recipient of
services who may have a grievance." (McKay, Greg. "[2]Nonprofit Bylaws
- The Dos and Don'ts". Foundation Group CEO's Blog. Dec. 1, 2010.
Retrieved Dec. 9, 2014)
So, to finalize this, BOD - did you follow the POCA By-Laws? If not,
what are you going to do to rectify this situation? Remember, the
members elected Mr. Shortt as President of POCA. Ours is the voice
that should be heard, not yours.
You have received this message as a member of: Pantera Owner's Club of
America
Change preferences (including opt-out): [3]Online Profile
References
1. http://POCA.clubexpress.com/content.aspx?page_id=2161&club_id=999896&item_id=621791&message_id=1530140
2. http://www.501c3.org/blog/nonprofit-bylaws-the-dos-and-donts/
3. https://POCA.clubexpress.com/content.aspx?page_id=13&club_id=999896
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