Masaryktown News

Letters to the Editor

Letters sent to the Editor will be displayed here.
These letters will be exact copies of the letters sent to the Masaryktown News.
In no way are these letters the opinions or policies of the Editor.
The Editor's opinion is expressed in the editorial.

masaryktown


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masaryktown

May 28, 2007

To:Activities Committee
From:Larry
Chuck and Mona,
Thanks for the On-Line Promo, the Memorial Day program was a great success, the turn out was very good as were the Guest speakers. Special Thanks to the Activities Committee Volunteers who installed the American flags along the road leading up to the Cemetery's entrance.
Larry

masaryktown

May 2, 2007

To:Letters to the Editor
From:Larry
Mr.Editor,
I have read some of your most recent Editorials and email postings, and feel I may be able to provide some additional insight to the various prespectives offered, to both Board Members, and Members At Large.
1. Financial Issue...Quite Simply Put; If the Board presented the Monthly Report in the Same Manner it presents its figures to the IRS on its annual 990 form it would end the constant accounting confusion and reduce the friction between the Board and Members.
2. Volunteers; I don't give a damn who Volunteers for what, or, who on the Board needs to bolster their petty ego, if you Volunteer for any Community Function, you should be treated equally, just as any other Volunteer. I have observed that some Members of the Board, along with their supporters, appear to have a community identity crisis, and, feeling threatened, constantly seek to praise themselves by attempting to demean the efforts of others.
Ms.Hart praises the Community Centers Bingo Volunteers, I also think they deserve kudo's as well, however she did fail to mention that the Board provides the Bingo Volunteers with their Meals on Game Nights, an Annual Christmas Party with Meals, Beer and Mixed Drinks, and as some past Board Members would say, also provide a selective Scholarship process, whereas the majority of the Grants are given to family members of Bingo Players or past and present Bingo Volunteers, all at the Community Centers Expense.
On a personal note, in most non-profit organizations, a compensated individual is not viewed by their peers in the same manner as organizational Volunteers.
Quite frankly, both the Board and the Members need to communicate better outside of the damn monthly meetings,doing so would difuse many petty pent-up misconceptions.
3. Special Meetings; our bylaws Ref.5.8; is a guideline directly from F.S. Chapter 617, and is, as Ms. Hart has stated. However, there are other required statutory provisions regarding the conduct of those special meetings that may, or may not be, being complied with, and by not doing so instills mistrust and breeds suspicion. As an example, I cannot recall any of the Corp. Secretary's reading of any of those Special Meeting Minutes into the monthly meeting reports. On a final note to you Mr. Editor, Board Members, and anyone else that has a personal agenda or vendeta towards another member, Knock It Off!
Their should be only ONE Agenda! To make the Community Center enjoyable and accessible to every member and resident of our community, and that will take the combined efforts of everyone.

masaryktown

April 26, 2007

To:Letters to the Editor
From: Guy & Dian
Sent: Thursday, April 26, 2007 6:14 AM
Subject:Addressing Ms. Harts Letter to the editor dated 04/20/07
1) Financial issues have been talked to death and probably will continue to be until the membership is satisfied with some answers, I have never been answered to death.
2) As for condescending to some one regarding the ability to hear, this demeaned the entire tone of ms. Harts letter in my opinion However I too have witnesses the whispering amongst Board members and do wish they would do this in the " Privacy of their own homes"
3) Private meetings and or special meetings have always been a problem for me personally and I did ask a representative for the the membership during the process of reworking our by-laws to consider members at large. and I'm sorry it was not included, hence we will, for now have to accept these meetings.
4) The Board did offer the activities club the permit for serving spirits, we chose not to use it during the dinner theater project as we found it would be be better used during our July project, I believe it is up to us as to the decision of use. Regarding alcohol being served during events in our community ,this is not a first.
5) I don't get this issue either.
6) I think this is and issue that might be reopened, although I am surprised Ms. hart would bring it up.
7) regarding the volunteers I am very proud of all of them, and I do mean all of them, many who work with the Activities Club have in the past volunteered Bingo, Dinners ,Rec club events over the years and we know what it takes. I am disabled now and can't volunteer 7-8 or as others 20-30 hours a week, If I could I would be working and not on disability.
8) I addressed this in item 3 and so did Ms. Hart.
I believe we do have to go by the new by-laws, of course some seem to be a matter of Interpretation, I make no secret that I believe we do not grandfather in members ,boundaries or board members. and I do not recognize the proxy vote or the reseated members of the board. This is my opinion.
Dian Stokey
Member


April 26, 2007

To:Letters to the Editor
From: Dee Mills
In response to Mrs. Hart's letter to the editor, I would greatly appreciate her explanation on the articles of incorporation that state that this corporation is suppose to be for the residents of Masaryktown. You elaborated on the issue that the board of directors can do anything they want but we already know that part. Please address the purpose of the Masaryktown Community Center, Inc. as is written in the article of incorporation.
Thank You Dee Mills


masaryktown

April 21, 2007

To: William (Chuck Premorel)
From: Tim Hobbs
Bingo halls should enforce smoking ban
Published September 5, 2003
--------------------------------------------------------------------------------
Re: Smoking ban in bingo halls isn't discrimination, Aug. 26 letter to the editor.
Editor: It is high time the smoking ban law is obeyed by all. The voting public gave the state legislators the responsibility of producing a statewide law that bans smoking in public places. The public's intent was to receive relief from smoke pollution in places used by the public. It's as simple as that!
This law became effective on July 1, two months ago, yet managers of halls used by the public are choosing to ignore it. A number of bingo halls in Hernando County are still persisting in allowing smoking patrons to pollute the air for nonsmokers.
These refusals of the managers to follow the law are unacceptable. Neither "fraternal" nor "charitable" groups, nor community halls, are exempt from the law. This includes the Masaryktown hall, the VFWs and the DAV. A "designated" area in the same room with smokers, or a separate, smaller room, does not qualify for exemption. As for their use of the money received for admission being used for charitable purposes, this does not change the intent of the law.
Veterans and fraternities can enjoy the use of their halls for their business and social gatherings, with smoking, but when they open the halls to bingo players from the general public (hundreds of them), then those days call for no smoking at all, in compliance with Florida Statutes 386.204 and 386.206.
A number of public bingo halls are already complying with the law, such as St. Theresa's hall, Elks, Lions Club and Knights of Columbus. Their attendance has not suffered noticeably as the bingo players adjusted to the nonsmoking provision.
An outdoor patio serves smokers at break times, and the indoor air is healthfully clean for all.
-- H. Stauffer, Brooksville


masaryktown

April 20, 2007

To: William (Chuck Premorel)
From: Sheila Hart (Director)
I will attempt to try and answer your concerns from your editorial dated April 18th, 2007
1. Financial Issues--This has been talked to death
2. First I am sorry for your hearing loss, as a Board consisting of seven individuals we have to talk to each other all the time, we use our in-door civilized voices, if you are hearing mumbling, perhaps you need to move to the table right in front of us. As for whispering in each others ears. I personally prefer to do this in the privacy of my own home.
3. You said you thought I said something about a discussion the Board must of had at a (PRIVATE MEETING). As you stated you could hear President Gene when he talks, did you miss the part when he informed everyone the Board did have a meeting on Saturday April 14th, 2007.If I did make a statement it was most likely referring to that meeting.
4. About allowing beer at the 4th of July, no one is accusing any volunteer of not being trustworthy or respectable those are your words, you need to understand as you have quoted several times the Board is responsible (2.2 in the Bylaws) for preserving and protecting the quality of life within Masaryktown, as you were told at the meeting it will be discussed and you will have an answer by the date given to you.
5. This one issue I really do not get, it is the one about driving through the parking lot during bingo, everyone should be extremely pleased that we have a full parking lot, and if the same vehicles are in the same spot that is a good thing, that means we have loyal repeat players and volunteers, both are very important with out both there would be no money in the bank accounts, as to how many volunteers it takes to run bingo my estimation would be a lot.
6. About being the only bingo in town that allows smoking in the main hall, what moron told you that, he or she must not play bingo, I can think of three off the top of my head D.A.V. V.F.W and Senior Citizens, next time you sign your name to a statement check your sources when you are wrong you look stupid if it is not true, or maybe that is what your source wanted to happen.
7. As for taping volunteers while they were cleaning, you must be proud, the bingo volunteers work extremely hard for 7 to 8 hours all they require is a simple thank-you.
8. Last but not least you are so quick to quote the By-Laws when you think it works in your favor try this one on for size.
5.8(Special Meetings) Special Meeting of the Board of Directors may be called by the President, the Vice-President or by any two members of the Board of Directors, Special meetings shall be held at the principal of the organization or, if different, at the place designated by the person or persons calling the special meeting.
So In the future please refer to the meetings as special meetings not private meetings, that way we will all be on the same page.
Sheila Hart
Director


February 22, 2007

~letter to the editor~
Wow... Now I know why I do not regularly attend the monthly community meetings-
C ontroversies
O bscenities
M aliciousness
M eaness
U gly slurs
N on-sense
I nsane accusations
T yraids
Y elling
Did we all forget what the word "community" is derived from? I guess so. It's two words,
common & unity.
I feel bad for my three month old granddaughter, who is a fifth generation Masaryktown resident. I hope that by the time she is old enough to remember events that take place in her life, MAYBE, she can have pleasant/happy memories of the "community" she is growing up in.
Good luck to us ALL.
Melanie Olson-Arsenault

masaryktown

<

February 9, 2007

Don Buchan
snowbird2@access4less.net
EarthLink Revolves Around You.
Well Chuck,
here it is Feb. 9th already. Just wondering if the OFFICIAL RESULTS of the last election count have been mailed out from the Board of Directors? Guess I don't understand why it took only two days to send out a letter advising they were going to include the proxy votes, after we all voted to not include them, and now the membership just sits and waits again for the Board. Oh well, maybe the official notice already came.....from the Janitor. What have you all heard?
Don Buchan

masaryktown

<

February 2, 2007

From: rhjrdfw@juno.com
Date: 2/2/2007 8:42:23 PM
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com; gene-carolyn@tampabay.rr.com
Subject: Bravo to the Board of Directors
This writer would like to thank the Board of Directors for as someone put it earlier, "Doing things the right way". It is very true. It does take a "Right and Just" Person and Board to acknowledge their mistakes. That is exactly what happened at the continuance of the Annual Meeting/Recount of votes and proxies. As most of you did not attend, I am sure you are curious what happened. I was there as requested by Ann (current director) and Jimmy (current vice-president) to view the recount on their behalf. And, Don Buchan was witness on behalf of, I believe, William (candidate for vice-president); Tim (candidate for vice-president and director) and Rob (candidate for director) during the recount. There were some objections made prior to the recount. Why, I am not sure. The Board clearly stated that this was a recount only & not up for discussion since they were directed by the Attorney as to how this should have been handled in the first place & what to do to correct it.
A request was made prior to the recount being conducted from a board member, Sheila Hart. Mrs Hart has been directly accused of "stuffing the ballot box" by more than one member. Her request was to count the proxies from members within the community of Masaryktown separately from those given directly from members outside the community. The Board of Directors, agreeing with the issue, conducted the recount in that fashion. In any event, the recount was completed by Linda (Secretary); Angie(member) & Carol(member) with myself & Don watching. After the completion of the recount, which I must add was very thorough by all three, the following was stated aloud by Linda (Secretary):
For Vice-President
Jimmy 29 votes (at annual meeting) 29 proxies (members within community boundaries) 21 proxies (members outside community boundaries) = 79 Total William 33 votes (at annual meeting) 2 proxies (members within community boundaries) 0 proxies (members outside community boundaries) = 35 Total Tim 4 votes (at annual meeting) 0 proxies (members within community boundaries) 0 proxies (members outside community boundaries) = 4 Total Totals: 66 (at the meeting) 31 (members within community boundaries) 21 (members outside) Total votes Rcvd = 118 Director
Ann 24 votes (at annual meeting) 30 proxies (members within community boundaries) 21 proxies (members outside community boundaries) = 75 Total Rob 36 votes (at annual meeting) 1 proxy (members within community boundaries) 0 proxies (members outside community boundaries) = 37 Total Tim 4 votes (at annual meeting) 0 proxies (members within community boundaries) 0 proxies (members outside community boundaries) = 4 Total Totals: 64 (at the meeting) 31 (members within) 21 (members outside) Total votes Rcvd = 116 I believe you have your numbers wrong, Don. Or it was sent that way on purpose. Maybe it was a good thing that Angie can, infact, count. Not all proxies votes came from outside the boundaries of the community as you can see from above. You did have one number correct. There was one vote that was not counted due to the year being 2006 written by the member voting. I even agree, based on the Attorneys letter, it should not be counted. After all he did state they can only be valid for 11 months from the date of execution.
Unlike some want you to believe, this clearly shows that there was "NO" stuffing of the ballot box. Clearly most of the votes came from the actual members that attended the meeting in person & from the members within the community of Masaryktown. NOT FROM BINGO! I believe that no matter what the outcome of the recount was it would clearly show the same either way. This writer would like to call for an apology to Mrs Hart for the accusations made directly to her. They were unfair and unnecessary. If this community truly believes that we all need to move on & allow the Board of Directors to "do the right thing", then the accusations need to stop. This board has been attempting at all times to follow the "Letter of the Law" and when mistakes are made, they have tried to correct them and move on. Corrections take time and clearly this board has been trying their best in all respects of their duties. This issue could have been prevented, yes, if only the board had tabled the voting until clarification could be given as to the legality of proxy/absentee votes.
To others, who think they have been deceived, no deception has happened only justice for every member that deserves to counted and wants to be counted. My main concern to begin with. I have been to several meetings where the board has entertained ideas/events from the members to bring this community/members together once and for all, but each time the ideas fail due to lack of participation. Events are a good idea and I believe that William "Chuck" has very good ideas. Some of the events already put on by the Activities Club were a big success. Is this going to stop now?
As to my opinions, I am not afraid to debate it with anyone unlike some. Why put a letter or response on the web if you are not trying to get a response or debate?
Hopefully this will end & begin a new for all involved. Maybe the community/members can come together for the good of Masaryktown. I hope so. I agree there needs to be more involvement by all, but when you only have the same 10 - 20 members coming to meetings it's difficult to view anything in the right light. We have over 400 members from what I understand, a majority of which are within the community boundaries. Where are they when these meetings happen? Why are they only showing up for the Annual meetings? Maybe these are questions you need to ask your neighbors.
I have said enough here & will not continue this with people who want to destroy something that can & has been for the good of the Community & its center.
So put whatever comments you want in response to my letter. I am done.
Thank You, to the Board of Directors, for doing write for all members.
Sincerely,
James A Richards
Member
("Bingo Bubble" Member as well)

masaryktown

<

February 1, 2007

From: Don Buchan
To: Masaryktown News
Sent: 2/1/2007 1:27:19 PM
Subject: Re Election count
Chuck,
I want to thank you for allowing me the chance to be part of the election process. It was a real eye opening experience. Not only for me, but the members and the Board of Directors. Not knowing if the Board will address the issues of this election and the results(other than the outcome), by not reading the minutes for another year, I thought I might try to explain my personal view of what took place. At the Annual meeting...... President Richards set the Agenda, by announcing that voting for Vice President would be first, then Director, then a discussion and vote on the proposed Bylaws. Just prior to the 1st vote, I asked the President, "Did the Board vote to change or allow proxy votes? And could I see the minutes from that meeting?" At this time, I felt the proxy votes were not legal, as we had not yet ratified and accepted our new proposed Bylaw changes. The Board then discussed it and the President read the portion of the(I believe was the 5th Amendment) Bylaws. Stating you must be present to vote. It appeared that the Board did agree with me on that issue. A choice was then given to the floor (Members present) to vote on having the election postponed or to vote today. To vote today won, and the election proceeded, without the proxy votes being counted. Except four, which were signed by people present at the meeting.....After the counting of votes the winners were announced........A couple of days later, we all received a letter from the MCC, Inc. advising us that Attorney Harkins, had sent a letter telling the Board that according to Florida State law, Chapter 617.0721 that basically all members who can vote by being present , can also vote by proxy.....Thus...... leading to the re election count held on January 30th. ......I again was asked to witness the counting of votes, including proxy votes, by two of the candidates. Just prior to the count, I ask the President to bring the record up to date, from the January 21st vote. I was then allowed to enter into record three objections Being.......#1)....."How the proxy votes were NOT mailed to each member"....#2)..."That numerous members were allowed to have access to and were literally paging through the proxy votes, without any supervision of the Board or Secretary".....#3)..."That the Board failed in it's duties to research proxy votes, and to properly advise ALL of it's members as to the USE, the METHOD of COLLECTION, and SOLICITATION of Votes, prior to the election". ........ The first response by a Board member (Referring to the 1st objection) was, Lets do as the attorney advised, and don't make any comments....as to the 2nd objection, the Secretary explained how some members had asked to see the proxies, and that she was near all the time.....#3 objection was answered by the President, who read the Notice sent out to all members, reference the Annual meeting..........Each of us needs to draw our own conclusions, as to the responses given. I certainly have mine as to what is going on, and what might be going on behind our backs..................It was also announced that one of the Board members had requested, the proxy votes also be divided by inside the boundaries, and outside. The results of the election will be sent out to each member. The tally of proxies cast within the boundaries was 29, and those outside was 51 as I recall, with one being disallowed due to the date.............It was also noticed that several proxies were dated 1-10-2007 which was days before the official letter was sent out to the members advising we could vote by proxy......................In conclusion, I believe, that we as members, need to be more active in how our organization is run. We need to question why things are being done a certain way. Ask the questions and DEMAND an adequate response. I believe a lot of the problems we are now having is because we the members leave it up to single minded people to run our organization. I refer to it as the "BINGO BUBBLE". I for one have never seen proxy votes used in any of our elections and it was obvious the Board didn't know either, that they could be used. To make such a change, should have required more notice and an explanation to the members. I hope that with the new Bylaws, and Implementing the Use of Robert's Rules that most of the problems with procedures will go away.
Don Buchan

masaryktown

<

January 30, 2007

From: rhjrdfw@juno.com
Date: 01/30/07 17:33:45
To: masaryktownnews@tampabay.rr.com
Cc: gene-carolyn@tampabay.rr.com; harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com
Subject: Apology to the Editor
I send out this apology to the editor for my constant questioning on where my letter was that I sent on 1/28/07. I did not realize that the e-mail address constituted the signature. I have other e-mail accounts that I use including one at work but I don't give them out, for my own reasons. This e-mail account was set up as a "household" account to use from home. When my roommate, who originally set up the account, realized his name was addressed on the top he cleared that to only allow the e-mail address to appear. As you can see from past letters, I have always signed my letters at the bottom. I want to thank the editor in taking the time to verify the origin & if they were infact coming from me. I wonder, however, if he has requested the same from others since he believes the e-mail address/name assigned is considered as signature & not the actual signature? Afterall, you have accepted my e-mails in the past from the same location/name only now it shows the actual e-mail address instead of name assigned to.
James A Richards

 

masaryktown

<

January 30, 2007

I want to thank Mr. Richards for verifying the address his letter came from. When this particular message came in the originating address was different from the first messages he sent. The first messages had Ronald L. Hollar as the originating address and this one had rhjrdfw@juno.com. When this happens I have to verify the address to make sure it is from him, especially due to the contents I wanted to make sure it was from Mr. Richards. I just received the verification this afternoon when I got home from work. I wasn't holding it for any other reason.
So his letter is on!

William Premorel

masaryktown

January 30, 2007

From: rhjrdfw@juno.com
Date: 1/28/2007 8:59:09 PM
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com; gene-carolyn@tampabay.rr.com
Subject: For Your Reading
I guess the Editor does stand by his word when he said, "I will print anything with a signature".
The problem recently is some have posted accusations that are completely unfounded, unproven and unfair. Opinions are one thing but accusing someone, even a board member directly, of something without proof is making it personal.
Did you see or look at (Or even ask to see) the book in question that Sheila Hart carried around for the past 3-4 weeks? I did! I even carried it myself. It has bingo players names; ticket numbers; table numbers; number of cards wanted; number of speedies wanted and choice of meal for the bingo marathon in it. NOT VOTES! This book was used by Sheila, myself and many other volunteers to gather info needed for the marathon. Did you see or look at (or even ask to see) the manila folder, NOT ENVELOPE, Sheila Hart had as well? I did! It has, front & back, seating diagrams for the main hall and library (non-smoking room) on it. NOT VOTES! This diagram was used by Sheila Hart, myself and other volunteer to assign tables to those wanting to save a specific seat/table for the marathon. It's very difficult to get this info; collect payments; issue receipts; assign seats and process 170 plus people through a line at bingo when the doors open. Therefore, we all used time wisely during breaks and intermissions, for several weeks, to do just that. We all have been working very hard at planning and preparing for this marathon for several weeks and for anyone to assume that anyone of us was working unethically or unprofessionally is wrong. That would mean you are accusing all of the volunteer of the very same thing. Sheila never solicited any votes or directly caused influence to anyones decision when voting. I volunteer as well. I am there EVERY Wednesday and Saturday, unlike others. Never once have I seen or heard Sheila Hart do anything outside her duties as a board member.
You should be ashamed at the accusations you have made.
Someone had a question about who notified the attorney. I am not ashamed to admit that I have been sending all of my e-mails courtesy copy to him. I have not hid this from anyone. You can read all of my e-mails and see that they are addressed to this web page & others, to include the attorney.
Take a closer look some time at the letters posted since July 2006. It's funny, to this writer, that the letters began by downing the board. Calling for dismissals. Then, suddenly praising the board for doing the right thing. Now it's back to the anger, again, for the board doing exactly what people were praising them for.
As one writer once wrote, "In this writers opinion" sounds like some people are upset at what the outcome might be.
Respectfully,
James A Richards

masaryktown

<

January 28, 2007

From: Mona
Date: 1/29/2007 11:13:54 PM
To: masaryktownnews@tampabay.rr.com
Subject: Community Center
Mr. Editor:
I would like to commend Mr. James A. Richards on his observation " This election process was a joke and once again made the Board look like idiots."
Truer words were never spoken.
When you consider how most of the proxy/absentee votes were solicited in advance of the general membership having knowledge of their existance, in an effort to achieve a pre-determined outcome, merely supports your statement.
As most of the community members know, this was an effort that was based on untruths and unfair statements to voters that didnt know the other candidates, or what they really stood for or what they wanted to do in the community center, and also to intimidate people with these untruths to vote a particular way. I am not complaining about the process of Proxy voting,or the legality of it, just how the process was executed. I have participated in Proxy voting myself, but, it has never been done in such a poor, haphazard and sloppy manner as this election was. Not to mention unfair and questionably unethical.
You mentioned the "Pledge" Mr. Richards, obviously you dont know what basic ideals this country was founded on for all of its citizens. Its where you are supposed to be able to expect a "fair and just" election, whether its the National election or a little community election, not one that is pre-determined by lies and an un-informed vote. When we first moved here a little over a year and a half ago, my husband and I were excited about the opportunity to contribute to our community . But now we realize that new citizens with new ideas cannot intergrate into this socialistic structure community center. They do not want change, they will not accept change, they want to keep things the way they were decades ago with the Board having ABSOLUTE control over the community center and its activities. This election proves that point again.
The only agenda we had when we came here was to help the community center become one of the best in the area, to offer services and activities to all ages and ethnicities, And hopefully to be a part of that growth. But, to have it done appropriately and legally...! Unfortunately the lack of insight, vision and apathetic attitude from our Board is constricting any growth the community may try to develop.
So, Mr. Harkins, it is not a question of personality differences that have sparked these debates within our community , its the way processes are being conducted, which, at times are questionable. And I am sure if you had some of the information in your hands , that is public knowledge, you would also be questioning and suspicious. The Board has LIED outright to us in the recent past and the proof is there for the looking. So, how do you trust a Board that doesn't even tell the truth to its membership when asked...???
This is my opinion and I will not debate these opinions. There is no debating an opinion except when you are trying to change someones viewpoint, which I am not doing.
Mona Simpson-Premorel
P.S. No need to notify us of the proxy count results... we know the incumbents will remain , that was pre-determined

masaryktown

January 28, 2007

From: Harold L Harkins Jr
Date: 1/29/2007 1:54:59 PM
To: Masaryktown News; Chuckster; Linda Lovelady; Gene Richards; Don Buchan; rhjrdfw@juno.com
Subject: Answers to Questions
To All the Members of the Masaryktown Community Center
My mailbox has been full this weekend with commentary from various members of the community center in response to my opinion letter addressed to Gene Richards as president of the center dated 1/26/07. Back in the late 1970s, I was elected to and served a four year term as town councilman in a small town I lived in the mountains of Western Virginia. When I was elected, a member of the church I belonged to who was a state senator congratulated me and told me that his daddy, a former govenor of the State of Virginia, had often told him that that all politics is local and that because of that never to run for any office more local than statewide. It was an exciting four years as we grappled with a revision of our zoning ordinance and the firing and replacement of our police chief. The current controversy in Masaryktown reminds me of my time on the town council. While I suspect that some of the excitement has to do with personalities, I prefer to think that the enthusiasm with which people have expressed their opinions has mostly to do with their love of Masaryktown and it's center.
I was originally asked to help the board update it's bylaws and to understand the interaction of the bylaws with the chapter of the Florida Statutes which deals with not-for-profit, membership corporations. More recently, I was asked by the board to explain how proxy voting works. Now, I would like to respond to all of the questions that have been posed by email over the last several days. But before I start on that, you need to know a couple of things about where I'm coming from. First, I was drawn into this interesting controversy because I happen to work in the the same office complex as Linda Lovelady. It's sort of like having a neighbor and a friend who is a lawyer or a doctor who you feel comfortable stopping in the yard or at church and asking questions. I am actually happy to help because I believe in community, not-for-profit organizations so much that I do most of my Florida Bar pro bono work in this area; and I told Linda, I'd be glad to help as I could and that my time wouldn't cost the center a anything.
Having said that you all need to know that while I work directly with and report to the board, I believe my client is the center, or more accurately, the members of the center. My job is to help the elected members of the board understand what the Florida Statutes have to say about the operation of the center and how those statutes interact with your bylaws and with Roberts Rules of Order. It is never my job to help any member of a board to advance a personal cause in violation of the law or the bylaws or to deviate from Roberts Rules; and no one of your board has asked me to do any such thing. But if they had, I would have explained that my job is to help them understand what they are required to do and to keep them out of trouble. While some areas of the law may be subject to differing interpretations, and certainly the facts in court cases will be subject to different perceptions, the law relating to the governance of not-for-profit, membership corporations is pretty cut and dried. I use the expression, "It is what it is," and we can't make it any different than it is. Proxies are a case in point. I suspect that some of the members posting to the Letters to the Editor of the Masaryktown News website about proxies are interpreting the law to reach a desired result. So lets start with that.
Proxy voting is a very long-standing tradition which is designed to allow members of organizations who cannot be present at a meeting for whatever reason to give someone else the authority to vote their position either as directed by the member who cannot be present, as in an absentee ballot, or to simply give the person who will be present authority to cast the absent member's vote as they see fit in the absence of specific instructions. Roberts Rules defines the term proxy as I have just done; and it goes on to say that "Proxy voting is not permitted in ordinary deliberative assemblies unless federal, state or other laws applicable to the society require it, [my emphasis] or the bylaws of the organization authorize it, since proxy voting is incompatible with the essential characteristics of a deliberative assembly. As a consequence, the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, or transferability of proxies, and so forth, must be found in the provisions of the law or bylaws which require or authorize their use. [RONR (10th ed.), p. 414-15.] Florida Statutes § 617.0721(2) provides that
"A member who is entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his or her duly authorized attorney in fact. An appointment of a proxy is not valid after 11 months following the date of its execution unless otherwise provided in the proxy. If directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail." [Emphasis added. Note: The entire section is set forth below.
No specific form for the proxy is required by the statute and any sort of written document where one member gives another person the authority to cast their vote is effective to do so. In this organization, the board has by their actions over many years adopted policy that the proxy must be in writing and must be signed or as in this case submitted in an envelope on which they have signed their name for validation purposes. The center's bylaws do not address proxies as there is no need to since § 617.0721(2) has already authorized the use of proxy voting. That is the law in Florida and across the United States; and as the ancient guru says, "It has always been thus," indeed proxy voting and absentee ballots or mail ballots are used universally in membership organizations throughout the United States and around the world.
So the board was in error in ruling that the proxy votes submitted before the meeting were invalid. Those written instructions as to the absent members votes are valid and must be counted along with the proxy votes submitted at the meeting by the unfortunate woman who fell and her companions. I have so advised them, and they have taken the appropriate steps to rectify this situation. I have no idea how the acceptance of all the proxy votes will affect the outcome of the election or what positions those people running for the two offices have taken. That does not matter. What does matter is that the board comply with the laws of the State of Florida with regard to this election; and they have taken steps to correct their error. Proxy votes may be solicited by any member from any other member prior to the meeting at any place including bingo games, church, the grocery store or by a door to door solicitations or by mail. A single board member may be the proxy for any number of members. Indeed in regular, for-profit corporations, several members of the board are usually collectively designated as proxies for thousands of shareholders and the proxies are solicited by mail. Another member asked when did the board vote to accept proxies. There was no need for the board to vote to accept proxies as they are approved by the Florida Statute referred to above. To my knowledge the board has never formally addressed proxy voting as it is universally accepted and used by all sorts of membership organizations. This common usage is reflected in the statutory provision. If a board wanted to prohibit proxy voting, it would have to take some action, but no action is required to allow proxy voting. Members did not have to obtain a proxy or absentee ballot from the post office or the center as any written submission would be accepted as Mrs. Lovelady's notice stated.
There have been a couple of other points where questions were raised. Someone had a question about who was entitled to make a motion at a meeting. At membership meetings, any member or board member has the right to make or second a motion or to call for any of the various parliamentary points. At a board meeting, in the board's discretion, members may address or question the board, but members who are not directors may not make motions or participate in the parliamentary process. Another question relates to the bylaw provision calling for ten day notice of a special meeting as it relates to the retabulation of ballots. The tabulation of ballots is normally done by a committee appointed by the president. I believe that the meeting to recount the votes is not a meeting of the membership, but is simply a continuing meeting of the tabulation committee to recount the votes including the proxy votes. If there is a tied vote after the recount, I think the board will have to schedule another membership meeting to allow a new vote, at which meeting, proxy votes for the original meeting would still be valid unless an individual proxy authorization had been limited in time by the terms of the proxy as the statute provides that proxies are good for eleven months.
I believe I have addressed all the questions that I am aware of, but if any of you have other related questions, you may email me.
Finally, I received this morning the following email from Mr. Premorel:
"President Richards,
According to the bylaws (old & new) and Roberts Rules of Order Newly Revised, an election to office becomes final immediately. So Rob Mills and myself are active members of the board . If you are signing letters to attorney Harkins on behalf of the board, you should be confering with us not the former vice president or former director. Until someone can prove the election was illegal it is deamed [sic] legal and Rob and I are official members. I ask you at the meeting what the procedures are for taking office and I trusted you to give me the correct information, which you did not. We do not take office on the First of February or at the next meeting. According to the rules we did take office IMMEDIATELY. Just as you did last year at the annual meeting. I am sending a copy of this to Mr Harkins for verification. This being correct the board was not completely informed of your actions. Rob Mills and I are members of the board until someone can prove it was an illegal election. James Sikes and Ann Hendricks can not vote on board matters. It is on the tapes and in the minutes. Lets hear from Mr. Harkins.
Chuck Premorel"
With all due respect, an election is not final until and unless it has been conducted in accordance with the law and the bylaws. In this case, the decision to reject the proxy votes received before the meeting, was in direct violation of Florida Statute §617.0721(2) and the vote will not be final until these rejected vote are included in the final tally. No one is entitled to take office until the votes are counted in accordance with the law.
Sincerely,
Harold L. Harkins, Jr.
Florida Statutes §617.0721 Voting by members.--
(1) Members are not entitled to vote except as conferred by the articles of incorporation or the bylaws.
(2) A member who is entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his or her duly authorized attorney in fact. An appointment of a proxy is not valid after 11 months following the date of its execution unless otherwise provided in the proxy. If directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail.
(3) If any corporation, whether for profit or not for profit, is a member of a corporation organized under this act, the chair of the board, president, any vice president, the secretary, or the treasurer of the member corporation, and any such officer or cashier or trust officer of a banking or trust corporation holding such membership, and any like officer of a foreign corporation whether for profit or not for profit, holding membership in a domestic corporation, shall be deemed by the corporation in which membership is held to have the authority to vote on behalf of the member corporation and to execute proxies and written waivers and consents in relation thereto, unless, before a vote is taken or a waiver or consent is acted upon, it is made to appear by a certified copy of the bylaws or resolution of the board of directors or executive committee of the member corporation that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers, or consents or presenting himself or herself at a meeting as one of such officers of a corporate member shall be, for the purposes of this section, conclusively deemed to be duly elected, qualified, and acting as such officer and to be fully authorized. In the case of conflicting representation, the corporate member shall be deemed to be represented by its senior officer, in the order first stated in this subsection.
(4) The articles of incorporation or the bylaws may provide that, in all elections for directors, every member entitled to vote has the right to cumulate his or her votes and to give one candidate a number of votes equal to the number of votes he or she could give if one director were being elected multiplied by the number of directors to be elected or to distribute such votes on the same principles among any number of such candidates. A corporation may not have cumulative voting unless such voting is expressly authorized in the articles of incorporation.
(5) If a corporation has no members or its members do not have the right to vote, the directors shall have the sole voting power.
(6) Subsections (1), (2), (4), and (5) do not apply to a corporation that is an association as defined in s. 720.301. End of quote
Harold L. Harkins, Jr.
Attorney at Law
2803 W Busch Blvd # 112
Tampa FL 33618-4517
813-933-7144 Fax 813-933-6393

masaryktown

January 28, 2007

From: Chuckster
Date: 1/28/2007 9:52:26 PM
To: Gene Richards; Harold L Harkins Jr
Subject: Informing all board members of actions
President Richards,
According to the bylaws (old & new) and Roberts Rules of Order Newly Revised, an election to office becomes final immediately. So Rob Mills and myself are active members of the board . If you are signing letters to attorney Harkins on behalf of the board, you should be confering with us not the former vice president or former director. Until someone can prove the election was illegal it is deamed legal and Rob and I are official members. I ask you at the meeting what the procedures are for taking office and I trusted you to give me the correct information, which you did not. We do not take office on the First of February or at the next meeting. According to the rules we did take office IMMEDIATELY. Just as you did last year at the annual meeting. I am sending a copy of this to Mr Harkins for verification. This being correct the board was not completely informed of your actions. Rob Mills and I are members of the board until someone can prove it was an illegal election. James Sikes and Ann Hendricks can not vote on board matters. It is on the tapes and in the minutes. Lets hear from Mr. Harkins.
Chuck Premorel

masaryktown

January 28, 2007

From: Don Buchan
Date: 1/28/2007 9:29:44 AM
To: Chuckster Premorel; Masaryktown News
Subject: Masaryktown Community Center Annual Meeting/Election of Officers
Chuck, here is a copy of the e-mail I sent Mr Harold Harkins. You may post this on the Masaryktown news site.
----- Original Message -----
From: Don Buchan
To: harold@harkinsoffice.com
Sent: 1/27/2007 4:12:16 PM
Subject: Masaryktown Community Center Annual Meeting/Election of Officers
Dear Mr. Harkins,
I'm writing in response to your letter addressed to Mr. Gene Richards, dated January 23, 2007. I am a member of the MCC, Inc. as is my wife Sharon, and my Mother. We did attend the annual meeting on January 21st. 2007. I feel you may not have been given all the information of what took place at this Annual meeting, nor the events leading up to it. For two, possibly three weeks prior to the January 21st meeting I was informed by my wife Sharon, who volunteers to work bingo on Wednesday nights, that Sheila Hart, one of our Board of Directors, was soliciting members at bingo games to fill out "Proxy" votes, which were then given to Sheila. None of the votes seen being given to Sheila Hart were sealed. They were simply put into a manila folder, similar to the one used for the upcoming Marathon Bingo Games.
Approximately one week prior to the Annual meeting, I received a Notice of Annual Meeting, post marked 12 January 2007. In this Notice were listed the two Board of Directors positions that were up for vote (Vice President and Director). Also listing those candidates who were running for those positions. In addition, The Notice also stated, " Members can vote by proxy. Forms are available at the Post Office or at the Community center, or a written submission will be accepted. All proxy submissions should be enclosed in an envelope, with the member's name and signature for verification from their Membership Application. Any proxy submitted without a signature, or one that is not legible for verification purposes, will not be accepted". Signed Linda S. Lovelady, Secretary.
President Richards set the agenda for the meeting by announcing the vote for Vice President and Director positions would go first, followed by a discussion and vote on the proposed Bylaws. Just prior to the vote on Vice President, I was recognized by President Richards. I posed the following question: When did the Board vote on excepting proxy votes, and could I see the Minutes of that meeting? That it was my belief that proxy votes were being addressed in the new proposed Bylaws, but had not yet been voted on. So, therefor should we go by the current Articles and Bylaws, which state, You must be present to vote? President Richards then had a discussion with other Board members and the Secretary, who searched for that information. President Richards then read the Bylaws, openly stating you must be present to vote. President Richards then said " The proxy votes will not be counted" There was some discussion to except the four proxy votes signed by members who were present, but had to leave do to tripping out front, and had to be looked at. It was decided to accept those four votes only, because they were physically present at the meeting and signed in at the door. Discussion then took place to decide whether to delay the vote or to vote today. Jane Cole then made a motion to put it to a vote of the members present, whether to delay voting or vote today. A vote of the members was then conducted by President Richards, who then announced the vote will be done today. It is my opinion, that those present did constitute a quorum and did in fact hold a properly conducted meeting, where discussion, and decisions were made, and voted on. If the President or Board had decided to except all of the proxy votes there would have been other objections filed. To include: How those proxy votes were not mailed to each member. That not all members go to bingo or the post office. That the Post Office closes at 1 PM. and that the community center is only open for bingo on Wed. and Saturdays. Also How those proxy votes were solicited by a Board Member at Bingo. Which at the least is unethical, if not illegal. Plus, that some members were actually telling other members that if they did not vote for certain people that there would be NO BINGO. In addition, I and several other members witnessed, prior to the meeting being called to order, several members literally paging through the proxy votes, without any supervision of the Board or the Secretary. Access to the proxy votes were in the open for anyone to handle prior to the decision to eliminate them by President Richards. I and other members have been told by the Board, at numerous meetings that you represent all the members and the Board of Directors. A question that comes to mind, after all that has taken place over the past several years is, If this action between the Board of Directors and the Members would go to court or before a Judge, Who would you be representing?
Don Buchan

masaryktown

January 26, 2007

From: Chuck Premorel
Date: 1/26/2007 11:16:00PM
To: Harold Harkins
Subject: Letter
Mr Harkins,
Who contacted you? (Point of order) Are you representing Mr. Richards, the Board of directors, the members, or everybody involved? I am a member and I was declared the winner of the vice president position. I was not informed you were going to be contacted. Do you represent the candidates or should I have my attorney contact you? At the Feb. meeting of 2006 President Gene Richards stated that the board would follow the Roberts Rules of order Newly Revised. Below are pages from the book. The so called proxy votes they want to count were obtained without the proper procedures or paperwork. I was under the impression the votes were to be accompanied by a letter or a power of attorney. Also is it legal to solicit for votes at a bingo game? Votes were being solicited at the bingo game before the membership received the information in the mail. The bingo game is were several of the so called Proxy votes came from, and can a board member be the power of attorney for more than one voter at a time? or at all? Alot of questions have surfaced because people from outside our community were upset with the outcome of the election. Why are they so upset? I thought I have good ideas for the improvement of the center? Why don't they want somebody new on the board? I don't believe you have all the facts.
Robert's Rules of Order Newly Revised Pages 414, 415, 409
William Premorel

masaryktown

January 26, 2007

From: Harold L Harkins Jr
Date: 1/26/2007 11:07:55 PM
To: Masaryktown News
Subject: Letter re Annual Meeting 07.01
I'm attaching my letter regarding the annual meeting which you may
post on the web site.
Harold
Harold L. Harkins, Jr.
Attorney at Law
2803 W Busch Blvd # 112
Tampa FL 33618-4517
813-933-7144 Fax 813-933-6393

masaryktown

January 26, 2007

Harold L. Harkins, Jr.
2803 W. Busch Blvd., Suite 112 Attorney at Law & Personal Trustee P.O. Box 274121
Tampa, Florida 33618-4517 813 / 933-7144 v Fax 813 / 933-6393 Tampa, Florida 33688-4121
Sharon Scarinci Adria Beenhakker Dickey Bill Rogers
Office Manager Attorney at Law George E. Fahrenkopf
Alder Allensworth Patsy L. Aaron
Administrative Assistant Administrative Assistants
January 23, 2007
Mr. Gene Richards, President
Marasyktown Community Center, Inc.
PO Box 9280
Masaryktown FL 34604
Dear Mr. Richards:
I’m writing to clarify the legal issues arising from your recent annual membership meeting. I understand the meeting got off to a bumpy start with a challenge by a member to the proxies and the provision in your bylaws regarding a quorum. As I understand it, that challenge was that proxies should not count toward a quorum because that provision in your bylaws says “[At] any meeting of the members, the registered voting members present shall constitute a quorum for the transaction of business, and unless otherwise required by the Articles of Incorporation or in these Bylaws, a majority thereof shall be sufficient to take an action appropriate for such a meeting.”; and that members represented by proxies were not “present” and should not count toward a quorum or apparently be allowed to cast a vote on issues before the meeting. That interpretation unfortunately reflects a fundamental misunderstanding of the nature and purpose of a proxy. My law dictionary gives two definitions for proxy: 1) a person who is given authority to act for another; and 2) the actual document used to grant this authority to act for another person. Using the term in both senses, proxies are commonly used to allow the shareholders of corporations to cast their vote at the annual corporate meeting. The whole point of the proxy is to give a person who will be physically present at a meeting the authority to cast the votes of shareholders who cannot be physically present at that meeting. Any of your members who own stocks will no doubt be familiar with proxy voting for the election of directors and other corporate matters in the stock corporations they own. Proxy forms usually grant to the proxy (person) the authority to vote as they think best on issues that arise at a meeting, but a subset of proxy documents sometimes referred to as an absentee ballot allows a member or shareholder who is unable to attend a meeting to give the proxy authority to vote his or her shares, but in a specific manner designated in the proxy/absentee ballot. A member or shareholder who gives a proxy is considered to be physically present at the meeting by virtue of the proxy and in fact the language of a standard proxy document typically says something like “The undersigned member appoints [the proxy] to vote as my proxy at the meeting … and to act on my behalf as fully as I could if I were personally present.” So, legally all those persons who submitted proxy or absentee ballots are deemed to be physically present at the meeting; and have given their proxy person the authority to cast their votes just as if they were actually physically present at the meeting. A quorum, by the way, is simply the number of members of an organization who must be present, in person or by proxy, in order for the organization to transact business, that is to take formal action such January 23, 2007Mr. Gene Richards / Masaryktown Community Center, Inc. Page 2 as voting on and approving or rejecting motions and resolutions. A quorum sometimes requires at least half the members of the organization to be present but more often simply stipulates, as your bylaws do, that whatever number of members who show up constitute a quorum. But in either case, all members who have signed a broad general proxy or a more limited absentee ballot are counted as being physically present. Some of your members may wonder that there is nothing in your bylaws or articles of incorporation about proxies. Unless the bylaws or articles specifically address proxies, Florida Statutes § 617.0721 provides that any member entitled to vote in person may also vote by a written proxy. So the Center has good authority under state law to honor written proxies. Having cleared up these points, it is my opinion, under the provisions of the Florida Statutes and the Center’s articles of incorporation and bylaws that the members who submitted their votes by proxy are entitled to be counted as present at the meeting and their votes are entitled to be counted in the election of officers and directors of the Center and any other matters which came before the meeting. I suggest that you share this opinion letter with your members and that you authorize me to submit it electronically (as a pdf file) to the community web site so that all interested parties with internet access can read it.
Sincerely,
/s/ Harold L. Harkins, Jr.

masaryktown

January 23, 2007

From: Ronald L Hollar
Date: 01/23/07 20:23:36
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com
Mr Dodson,
If you had taken the time to first of all read my letters you would see that the outcome was not my concern but the process itself. You continue to quote Roberts Rules but fail to remember that they are there simply as a guideline for the Board to use.
As the President, my father as you so clearly put it, stated: We will run the meetings as per Robert's Rules allowing each member 3 mins to speak after recognized by the board. He never said that we will follow the Roberts Rules in it entirety. I am not sure why you are making reference to "stuffing the ballot box" and to whom you make that reference towards. Each board member did as they agreed on doing & even stated they can be done at the Post Office. Seems to me though, that is exactly what happened at the annual meeting when the ballots/proxy's were not accepted. Clearly the board had their agenda but so did others. As to your signature reference, please take another look at the note sent in apology. I asked the editor not to print the first one sent in error due to my own mistakes of not canceling my spell check prior to sending. You are a smart man and I don't have issues with you personally or anyone else. Simply stating my opinion. I have work along side you during the Halloween event and Christmas event and enjoyed every minute of it. I even look forward to new events and improved events as you stated you are working on.
James A Richards

masaryktown

January 22, 2007

From: Larry
Date: 1/23/2007 10:08:34 AM
To: masaryktownnews@tampabay.rr.com
Subject: Roberts Rules
Mr. Richards,
In response to your follow-up correspondence;
1. Motions are NOT Limited to Members Of The Board- Ref: Roberts Rules.
2. Motions are acted upon in the Order they are Received - Ref: Roberts Rules.
3. No question every Member has a right to vote, however, only as the Bylaws in force allow.
4. There were NO, NONE, NADA... Proxy's on behalf of any Member received by the Secretary. Ref: Roberts Rules, or Fl.State Statue 617.
5. NO PROVISIONS WITHIN THE BYLAWS ALLOWED FOR THE USE OF EITHER A PROXY OR ABSENTE BALLOT.
It appears to this Writer that your only true complaint is that you are dissatisftied with the Elections outcome, and the manner to which certain representations of the voting process as made to some members.
When the Original Bylaw governing the election process was instituted, it was done so to prevent any one person, or group , from having a unfair voting advantage over another.
An example of their logic would be: one or more members, or Board Members, that would have an unfair access ahead of time to the members voting list, thusly allowing them to hand deliver a Absentee Ballot and exerting undo influence in the members choice of candidate in an attempt to "Stuff the Ballot Box" and influence the Organizations election outcome.
Respectfully,Larry (DoDo's) Dodson

masaryktown

January 22, 2007

From: Guy & Dian
Date: 1/23/2007 1:18:18 AM
To: masaryktownnews@tampabay.rr.com
Subject: In reply
Hello,
Regarding the replys to Mr. Richards letter:
I believed the four votes counted as "Proxy" were given to the board just prior the vote.
I had witnessed the women who had fallen and did get up, sign in with her friend and they did vote before leaving.
I was under the impression that these four votes were given just prior to our meeting and vote that day. I was chosen by one of the candidates running to view the count in his behalf, Linda Lovelady was present from our board as those votes were entered, maybe she could shed some light on the origin and acceptance of those four ballots. I was under the impression these voters did sign in but were unable to stay. Maybe we should find out the nature of these votes before we continue to assume they were not properly cast.
Regarding Mr. Richards response to me personally, I have never insinuated to" know you personally, who you are or where you come from" If I have misjudged you as a dedicated and intellegent member of our community, please accept my apology. I am looking forward to a positve productive year for our community all working together.
Dian M. Stokey

masaryktown

January 22, 2007

From: Ronald L Hollar
Date: 1/22/2007 10:02:17 PM
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com
Subject: Fw: In response to Mr Dodo's observations
Mr Editor,
Please forgive the errors in the spelling of Mr. Dodson's name and not print the first version of my response to him. I have an automatic spell check on my computer & when I sent this I left the room to go outside and smoke. Not realizing the name was changed when it went out. I have corrected them below & send my sincere appology for this error.
Thank You,
James Richards
rhjrdfw@juno.com>
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com,loweangel3372@yahoo.com, lovelady@atlantic.net,sheila1553@aol.com
Date: Mon, 22 Jan 2007 21:31:32 -0500
Subject: In response to Mr Dodson's observations
In response to your observations, Mr Dodson, you state that there was a motion on the floor that was identified by the Chairman. I am not sure of the exact wording but I do believe that Members of the Board are the only ones who can make a motion and second it. I ask that you show me where in writing, if you have it, where it states that a general member can do this. I do recall hearing the Secretary make a motion to table the vote & a second come from 2 of the Directors. Is this the motion your are referencing? If not then I am not sure what motion you make reference. Even if the motion, you say I reference, was made out of order it two was second by a board member & therefore should have been discussed (which it wasn't) and voted on by the board.
You are right in saying I was in attendance at last years meeting. Unfortunately, I have not had the opportunity to live within the boundaries, as described, for more that 30 years as you have, but I am still entitled to my opinion. I am still entitled as a card carrying member to be heard and I am still entitled, as were the other uncounted members, the right to vote. I do remember discussion at last years annual meeting on the issue of proxy/absentee vote since members of the community were concerned with those homebound or hospitalized. There were other discussions on this at adtl meetings during the year as well, which I believe, you were not in attendance of. In any case not everyone was in attendance at every meeting including myself but this does not make it right to take away something from a member that was given to them and then told in writing how to use that right.
I too agree, when you say, "It takes a Right and Justice person" to acknowledge their mistakes. It needs be done again. Using mistakes to correct mistakes does not make it right or lawful.
If I am wrong in some of my observations, then I will stand corrected. But if you truly believe that the adtl card carrying members that were advised in writing that they did not have to attend this meeting will roll over and play dead, You're sadly mistaken.
James A Richards

masaryktown

January 22, 2007

From: Ronald L Hollar
Date: 1/22/2007 9:19:51 PM
To: masaryktownnews@tampabay.rr.com
Cc: harold@harkinsoffice.com; loweangel3372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com
Subject: In response to Mr Dodo's observations
In response to your observations, Mr Dodo's, you state that there was a motion on the floor that was identified by the Chairman. I am not sure of the exact wording but I do believe that Members of the Board are the only ones who can make a motion and second it. I ask that you show me where in writing, if you have it, where it states that a general member can do this. I do recall hearing the Secretary make a motion to table the vote & a second come from 2 of the Directors. Is this the motion your are referencing? If not then I am not sure what motion you make reference. Even if the motion, you say I reference, was made out of order it two was second by a board member & therefore should have been discussed (which it wasn't) and voted on by the board.
You are right in saying I was in attendance at last years meeting. Unfortunately, I have not had the opportunity to live within the boundaries, as described, for more that 30 years as you have, but I am still entitled to my opinion. I am still entitled as a card carrying member to be heard and I am still entitled, as were the other uncounted members, the right to vote. I do remember discussion at last years annual meeting on the issue of proxy/absentee vote since members of the community were concerned with those homebound or hospitalized. There were other discussions on this at adtl meetings during the year as well, which I believe, you were not in attendance of. In any case not everyone was in attendance at every meeting including myself but this does not make it right to take away something from a member that was given to them and then told in writing how to use that right.
I too agree, when you say, "It takes a Right and Justice person" to acknowledge their mistakes. It needs be done again. Using mistakes to correct mistakes does not make it right or lawful.
If I am wrong in some of my observations, then I will stand corrected. But if you truly believe that the adtl card carrying members that were advised in writing that they did not have to attend this meeting will roll over and play dead, You're sadly mistaken.
James A Richards

January 22, 2007

From: Ronald L Hollar
Date: 01/22/07 18:03:10
To: masaryktownnews@tampabay.rr.com
Cc: sheila1553@aol.com; lovelady@atlantic.net; loweangel3372@yahoo.com; harold@harkinsoffice.com
Subject: Respectfully Responding
Hello,
First of all, let me thank those who responded to my letter. I was hoping it would generate interest and it did rather quickly.
Given a moment, I would like to respond to the letters addressed to "My Opinion".
I want all who reads this to know that I have no issues with who is placed in the positions of office. That is not my concern and if you knew me or even heard me at any of the meeting you would know this by now. The Board members have always been trying to correct their wrongs & make good for the community & I suspect that anyone that takes interest in those positions would take the same stand. So, don't get me wrong in stating or implying that I have problems with who takes any position of office. I DON'T.
Also, I am glad that people are gaining confidence in the board & believe they will do the right thing. I too feel this way & hope the board will do right by all members, present or not.
The first letter sent was my view & opinion of the meeting that took place. I was told that the editor would print anything signed & glad he did. If you agree, disagree, understand or simply dislike my opinion is not a concern. We are all entitled to that & this was mine. I stand by it.
In response to Mrs Stokey: It's not up to you, personally, to understand my opinion or know who I am or where I come from. I haven't understood many of the members for some time now, but always kept it to myself. (My fault for that.) You state it was incorrect to accept the proxy votes yet 4 of them were counted. How can you then consider this a fair & legal vote when there was picking & choosing of what to count. You cannot say no proxy's, then count some. I too understand mistakes were made. However, adtl mistakes were made in attempt to correct them. You read my words but misunderstood them. I stated "a select group" meaning the 70 plus people in attendance. We all had a hand in wronging those who were told they could vote this way. Never once did I point fingers at any one particular person.
In response to Mrs Simpson-Premorel, "Bylaws have to be followed each & every time." When convenient to who? Nothing legal or proper was done. We made the mistakes but used mistakes to fix it. You too are saying proxy's are not acceptable but are ok with the 4 that were counted. Why? I question that, because none of the members present signed their votes. X's and checkmarks were used. How does that make any of them legal? Just because you signed in as a present member? If you counted 4 proxy's that were signed on the day of voting, you should have counted the rest. The were submitted no different than the 4 only not on day of meeting. You are adding statements about Bylaws & Roberts Rules as a point of reference, but have we followed them all the time even as members. No! Not even this annual meeting. Since when can a general member make a motion on something and demand action on it? Even a board member that can make motions was ignored during this meeting.
Lastly I will end by saying for the past year I have listened to demands for corrections on issues & problems to be done. These were brought up by many members & demanded immediate response. The board has continued to respond with "We need time to fix things. It will not happen over night." The only thing I am concerned with is (Issue of Voting) was not allowed the time it deserved. People were promised a vote (in writing) and then it was taken from them without any notice . You ask that we all see this as a positive direction, then we need to make it a positive one. That much I do agree with. But, this is not starting out positive in my opinion regardless of who is sitting on that board.
James A Richards

masaryktown

January 22, 2007

From: Larry
Date: 1/22/2007 5:37:20 PM
To: masaryktownnews@tampabay.rr.com
Subject: Annual Meeting / Richards
Mr Editor,
In response to Mr. Richards letter regarding his Point Of View of the Annual Meeting, I would like to attest to a few observations of my own. The Board Of Directors followed the "Letter Of The Law" as outlined by the Governing Authority, aka,The Bylaws, which, have been in existence since 1983-4. Prior to the ByLaws existence, the Community Elections were conducted in pretty much the same manner as they were yesterday. I have attended 30 or so Annual Meetings during my tenure as a resident, and during that time, I can not recall ANY Votes ever being counted towards any Candidate or Amendment, at any Election, that was cast by, or on behalf of any Member who was in fact, NOT IN ATTENDANCE at the Annual Meeting, including Last Years, which I believe, Mr. Richards, you were at. Your correspondance fails to note and mention that The Motion to Table the Annual Meeting / Vote that you reference was a motion that was made out of order. To refresh your memory, a previous motion was on the floor and already acknowledged by the Chairman as having been made and seconded which in essence stated; to allow only the members present at the meeting to decide as to whether any Vote would take place today, and, whether to allow any of the so called Proxy votes from absent members to be considered, which, were contrary to the Bylaws. On a further note, both the Secretary and Chairman acknowledged the Bylaws had not been amended by the Board prior to the Annual Meeting being convened. It takes a "Right and Just Person" to acknowledge their mistake, specially in a Public Forum, The Board of Directors, as a whole, did that, regarding the so called Proxy voteing scenerio, and I feel your accusation directed towards the Members of the Board of their "unlawful injustice" incited by their deriliction of duty, is in my opinion completely and Legally Unfounded. The New Bylaws ratified yesterday afford both the protections and options you seek for those members who will be unable to attend any future annual meetings, unfortunately, for those members not in attendance yesterday, those safeguards were not availble. It is a prime example as to why New Members should be furnished or request a copy of the Organizations Rules and Conduct (Bylaws) when they join. On a further note, when your Father, (The Chairman), appoints the members of the Future Election Committee, I am confident that the distinguishing difference between an Absentee Ballot and that of a Proxy will be made.
Respectfully,
Larry Dodson

masaryktown

January 22, 2007

From: Guy & Dian
Date: 1/22/2007 1:47:02 AM
To: masaryktownnews@tampabay.rr.com
Subject: In Reply
Hello,
I would like to reply to the letter sent by Mr. Jim Richards.
First let me start by saying I have always found Mr. Richards a dedicated and intelligent member of our community. I really don't understand his take on the vote today. The board made a mistake regarding proxy votes, they are only human and mistakes happen to us all at one time or another, however it was incorrect to accept the proxy vote. The statement on the mailing was incorrect according to the bylaws that governed us at the time of this vote. The agenda was set by the board. The voting for open seats took place first with the vote on the new bylaws after. There for the board was correct in not allowing these votes. It was not the doing of a select group in the community but a competent board. Had the new bylaws been voted in first the issue would be moot. The board handled a very sensitive issue properly and should be applauded, they followed the old bylaws and conducted the meeting properly. Attacking members of our community is uncalled for. This is not the act of a select group and this thinking perpetuates division, this must stop!! We have two new board members and it is time to move forward positively for this community.
Dian M. Stokey

masaryktown

January 22, 2007

From: Ramona Premorel
Date: 1/22/2007 12:52:27 AM
To: masaryktownnews.com
Subject: Response to Letter to the Editor
Mr Editor:
I am addressing this response to James A. Richards letter regarding the Annual Meeting voting policies.
Just because "thats the way we have done it in previous elections" doesnt make it correct or proper. You can keep doing things the wrong way or you can correct your mistakes and apologize for them and move on. That's the responsible and professional way to handle the error. As President Gene Richards stated at the meeting, we made a mistake and we will have to send everyone an apology letter. I commend him for having the courage to do things the right way. I don't think it made him or anyone else look like idiots. What it did do, was to help us gain new respect for the board for doing what was right even if it wasnt what some people wanted. The issue could have been prevented if the Bylaws were reviewed prior to the letters being sent out. Those bylaws are the foundation on which the Centers rules and regulations are built. They have to be followed EACH AND EVERY TIME. Not just when its convienent ..!!! Now that the new bylaws have been adopted, the issue is moot. For the next election the "proxy" or "absentee" ballot will be implemented. But, for this election, its a done deal. Obviously the residents in attendance today were ready for a change and they stated so. Evidence showed that there was more than "a small group of people that wanted to take power over the community" that wanted things done legal and proper. The voting at the election was LEGAL and PROPER, according to the Bylaws and Roberts Rules. There just wasnt any other way to do it. Like it or not. If you read them you will see that fact. As President Gene said at the beginning of the meeting...we are going to work together to make our Community Center the best it can be for all our citizens, and we will do it with respect for all. Lets make this a great year for our community center and try and work together without animosity or hostility towards any one. I also think that saying that a "small group of people wanting to have some power in the community" is an insult to the intelligence of the citizens of Masaryktown, as well as insulting that group of people that want things done the right way. Anger and hostility are not productive energy's, so , lets get POSITIVE and have a wonderful year.
Mona Simpson-Premorel

January 21, 2007

From: Ronald L Hollar
Date: 1/21/2007 8:44:02 PM
To: masaryktownnews@tampabay.rr.com
Cc: loweangel13372@yahoo.com; lovelady@atlantic.net; sheila1553@aol.com
Subject: Annual Meeting A Joke

Dear Masaryktown News,
This letter goes out to you to post on your site. It is for all of the Members that were shafted by the small group of people in your community. Rights were taken away and unfairly tossed aside like old bread. Letters were mailed out, to all Members, stating and I quote: "Members can vote by proxy. Forms are available at the Post Office or at the Community center, or a written submission will be accepted. All proxy submissions should be enclosed in an envelope, with the Member's name and signature for verification from their Membership Application. Any proxy submitted without a signature, or one that is not legible for verification purposes, will not be accepted." My experience with this center, in the past years, is that this has always been the case when voting. Suddenly a group comes along wanting power in the community and votes are tossed aside. No consideration was allowed for the written letter sent to each and every member. Nor, was any given to those who are currently hospitalized or homebound. It was my understanding, along with may others, that you could either attend the meeting or vote via proxy, better known now as absentee ballot. This process was totally disregarded and a vote happened anyway without counting the proxy's that were received. I am sorry, there were 4 that were counted. The four that were given prior to the meeting start were considered. What was the difference if given prior to the meeting on that day or a week before? The process was the same. The Member came signed, voted and left. Yet theirs were counted. I attended this annual meeting, as I have for several years, & heard a motion by board members to "Table the vote" and seconded. This did not happen. Members rights to vote were unlawfully taken from them. Basically saying, "You don't matter unless present". You should all be ashamed of yourselves. One day, you may be homebound or hospitalized and is that what you want to be told? "You don't matter unless present." This election process was a joke to this community and once again made the board look like idiots. When we stood to say the Pledge, did you remember what country you were in? I did, and the last time I can recall America has a fair and impartial policy when it comes to this kind of thing. You wouldn't have know it by attending this meeting. I know several members that will be very disturbed when they find out they were disregarded. Most will probably be in attendance at the next meeting demanding to know what & why. How can you send out letters to the general membership, clearly stating in black and white on the voting process then take it away from them for your error. The entire process needs to be reviewed & made fair to all members. NOT, just a select group. As many members will, I expect to be granted a revote & will expect a letter of notification when to come vote since this vote is clearly NOT legal. To the editor, the last I remember, you said you would post any letter received with signature. Well this is my opinion and I hope you do post this.
My Opinion,
James A. Richards

masaryktown

January 17, 2007

From: Niksgoingpostal
Date: 01/16/07 11:41:40PM
To: masaryktownnews@tampabay.rr.com
Subject:*(no subject)

Holding the position of postmistress of Masaryktown I am exposed to many of our citizens on a daily bases. Community members have questioned me about the new candidates and their positions on Bingo. It seems that many are under the impression that some candidates wish to remove bingo from our community. It is important to me that these citizens who trust my opinion are not deceived in any way. People from inside and outside our community, are Insulting our intelligence and disgracing our community by using scare tactics on our elderly. How on Gods green earth can you continuously lie to the people of this community and bingo players by telling them the candidates that are challenging the incumbents, are going to "do away with Bingo" THIS IS A FALSE STATEMENT, How ridiculous! The challengers have posted their positions at the post office and on the web site. Please ask at the annual meeting to speak directly to the candidates that are running for any positions available. Please review the new bylaws in depth and do not be afraid to ask questions!! In fact "DEMAND ANSWERS IF YOU ARE NOT SATISFIED. WE ARE A COMMUNITY!! NOT ONE, NOT TWO,OR TEN!BUT ALL MUST AGREE!! DO NOT BE DECEIVED ANY LONGER!!

Postmistress

masaryktown

January 16, 2007

From: Dee Mills
Date: 01/16/07 16:34:47
To: masaryktownnews@tampabay.rr.com
Subject:Back Ground Checks

I would be interested to know if the current board members who are running for board positions have followed the same rules requested of new candidates. If they have not had a back ground check before the deadline date they shouldn't qualify to run. Would you please respond to the voting membership.
Dee Mills

masaryktown

October 29, 2006

From: Mary Bash
Date: 10/31/06 17:04:05
To: masaryktownnews@tampabay.rr.com
Subject: Masaryktown's History
Dear MasaryktownNews,
After reading your editorial, (Oct. 30, 2006) " *Thomas Masaryk set it up to be*"* *and the "History Of Masaryktown", I felt it important to submit to you the real History of Masaryktown. Too many times, on many websites, I have read the wrong information. I feel it is important for the members of this community to have the facts and truth about the community they live in and admire. (I have gotten permission from Robert Petrik to reproduce his artical.)
Sincerely and respectfully submitted, Mary Bash


*/CZECHS AND SLOVAKS IN FLORIDA/* *By* *Robert Petrik* /Delivered to the Czechoslovak Society of Arts and Sciences on June 27, 2003, at Coe College, Cedar Rapids, Iowa./ /Source: /http://acscc.org/Papers/svu_062703b.html / / *_The History Of Masaryktown as told by Robert Petrik_**__* / / *Masaryktown, Florida* In 1924 *Joseph Joscak*, editor of the New Yorksy Denník, a daily Slovak newspaper in New York City, began writing a series of articles about the wonderful State of Florida where it was reported that it was possible to grow as many as three crops annually due to the warm climate. These articles appealed to many Slovaks laboring in the coal mines, steel mills and other industries in the North. In September 1924, 60 Slovaks and one Czech formed the Hernando Plantation Company. Its purpose was to buy land in Florida. They bought 10,000 acres in Hernando County in Central Florida north of Tampa. Later another 14,000 acres was added in adjoining Pasco County. Three months later about 135 shareholders left Ohio, Pennsylvania, New Jersey but mostly from New York for what they called "*Joscak's Paradise."* Thus was the start of Masaryktown, *named* *in honor of* Tomáš Garrigue Masaryk, first president of Czechoslovakia. They named streets running north and south after American presidents and named east to west streets after Czechoslovak poets, writers, patriots and national heroes. The original plan to earn money was to raise oranges. Thus many orange groves were planted. However, two consecutive winters with hard frosts occurred and wiped out all the trees. Many had to abandon their farms. Some borrowed money from relatives in the North while some husbands moved back to the North to find work and sent money back to their families left behind. Those who stayed in Masaryktown started to grow onions, sweet potatoes and cucumbers. The problem was that a steady market could not be found and this type of farming failed. Small poultry farmers formed an egg producers' cooperative. The eggs were successfully sold in the Tampa and St. Petersburg markets. This cooperative was at one time the largest such cooperative in the Southeast and made Masaryktown the egg capital of Florida. Today Masaryktown is a sleepy little village without much evidence of its rich Slovak heritage. However, there is still a library containing books in Czech and Slovak, and a small museum is housed in the community center. *__***NOTE:* There is also another source of vital, historic information at the Masaryktown Post Office that you can read. Please be courteous and respectful and leave it there for all to read. Also, I do not have the facts pertaining to the existance of the library and/or "small museum" in the Community Center, so if anyone can elaberate on that, please let The MasaryktownNews know. My opinion: Joseph Joscak deserves his recognition for starting this community.

masaryktown

October 29, 2006

To the editor: Although we appreciate the publicity, we hope the appearance of our business card on your web site will not be misconstrued as an endorsement by us of the policies and opinions you express in your editorials. We have friends on the Board of Directors and in the Activities Club and we have tried not to commit to either faction of this increasingly ugly community division. We try to listen to both sides and maintain some objectivity, a quality that seems to have gotten lost around here in a quagmire of angry emotions. We do find it sad that on this web site there is no mention of the Masaryktown Community Dinner on October 29, starting at 11:30 AM. We plan to attend the Community Dinner and the Halloween Party. We hope anyone reading this will come to both events in support of the entire Masaryktown community.
Sincerely,
Steve and Malia

masaryktown

August 18, 2006

To the Editor: Thank You for you editorials on the July and August Masaryktown Community Center meetings. I must say you have hit the nail right on the head. There are many commited people in our community and I look forward to everyone working together to make this the great community it has been in the past and will be again. I would also like to note a special Thank You to Mona Premorel for her commitment to the Activities Club by accepting co-chairmanship as well as organizing our first crime watch meeting,
Thank you Mona!!
Dian Stokey

masaryktown

July 29, 2006

Mr. Editor,
Sir,
........I would like to use this opportunity to express my sincere appreciation to the other Members of the Bylaws Committee; Gene Richards, Linda Lovelady, and of course, Mr. Steve Voscinar, without whose willingness to cooperate collectively could not have accomplished such a daunting and complex task. On a further note, I particularly thank the graciousness of The Masaryktown Community Centers Board Of Directors, and especially Mr. Harold Harkins, the Tampa Attorney ,who benevolently Donated his Time and Legal Expertise to Benefit the entire Masaryktown Community. I am happy to report that other than a few typo's and a couple of minor changes, ( one's that Gene, who in case you didn't know, was quite impressive in his review of details) the legally complicated task of bringing the Bylaws up to date and inline with the Community's traditional governing methods, has, in my opinion, been accomplished. I am both reassured and confidant that under the leadership of recently elected President Gene Richards, the Board, the Members At Large, as well as the entire Community of Masaryktown will benefit greatly from these long overdue and much needed changes. I truly believe that once these changes are ratified by all of the vested parties, our Community as a whole will reap a tremendous Benefit.
Respectfully your servant,
Larry Dodson

masaryktown

June 27, 2006

To the editor: We are very excited to be welcoming home our Son , Andrew. We are blessed to have him home before his deployment. Our daughter, Margo has been held over and we pray for her safe return home soon. Our Daughter, Lisa will most likely deploy before the years end. This year we may have all three of our children in war against terrorism. We are so proud of them and their dedication to protecting the freedoms that we sometimes take for granted. The freedoms we all hold so dear. Whether your readers agree or disagree with the state of the war and world we live in today, that is their right, I hope they will be ever mindful of the sacrifices the soldiers from this community and from communities all over this nation, For it is the dedication and sacrifice of many, past and present that gives them that right.
Guy & Dian Stokey

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