Letters to the Editor 3/28/2013
Transgressions by co-op raise ethics questions
I had a chat with SEC Trustee Charlie Wagner just after he was booted from the executive session at the special co-op meeting with the board’s lawyers on March 18.
Forcing Trustee Wagner to leave the room during executive sessions is based on the co-op attorney’s mendacious accusation that he had breached confidentiality by recording executive sessions. In addition, as punishment for taking recorded-notes, which is perfectly legal under the law, Wagner wasn’t reimbursed for recent expenses which has nothing to do with any recordings he may have made anyway.
According to the court decision from Judge Parsons’ Nov. 13, 2012 — Plaintiff’s Motion for Partial Summary Judgment as to Count VI — the court granted Wagner’s motion for protection and ordered the return of the recordings of the sessions with a sanction that the plaintiffs could not use the attorney-client privileged information, which was, at any rate, a very small amount of the overall recordings used by the lawyers obtained during the discovery process.
The lawyers could use the rest of the information on the recordings related to the termination of the former employees. The action of the board is totally unreasonable, arbitrary and in retaliation for reform measures passed in 2010 and 2012. Note also, that if the recordings were illegal in the first place, as the board claims, they would not be admissible in court as evidence.
The other thing the court recognized and indicated in the Hearing on Partial Merits, is that the board members were liable in the cases involving the termination of the former employees because they refused to abide by the Open Meetings Act during all the meetings since the bylaw went into effect in April 2010. Even after Judge Mitchell’s order in May 2011, Louis Aguilar as board secretary, continued to disobey the judge’s order to the detriment of the cooperative. Anybody who pointed out the violations of the by-laws and OMA was ridiculed mocked and shouted down, mostly by Trustee Wolberg, who is cheered on by the majority of the board.
There is no incentive to behave ethically or to comply with the law. Meanwhile the board’s various attorneys are financially benefiting by encouraging misbehavior. Legal fees are closely held secret, but they will be exposed soon.
These serious transgressions not only of the law, but of ethical behavior by the majority of the board and their attorney is coming to a head. In the case of the botched termination of the previous company executives the payout could be extraordinary. Not only that, but the two executives are technically still on payroll. And never forget, the army of lawyers hired by the board, will clean up in the process. Easy Money. And it’s your money.
The latest updates on legal matters and other issues concerning the SEC can be found at www.informedcynic.com.
Thanks to those supporting Grizz Project
The Alamo “Child Fair” was a wonderful success for The GRIZZ Project and I want to thank everyone who stepped up to help. Thank you everyone who sent crayons/colored pencils/sharpeners. Please pass this “thank you” on to others who helped out.
One of the purposes of GRIZZ as a non-profit animal help organization is to go outside our neighborhoods and educate children to “be kind to animals” and each other. Please help the animals by encouraging people to contribute time, talent and money to the non-profit so GRIZZ can keep on doing this needed work.
At our table in Alamo, Jennifer Kent and I gave away doggie treats (thank you Charo!), and over 100 “be kind to animals” coloring books, crayons and colored pencils. Additionally, we were able to give out brochures and posters to adults willing to post these items in a variety of areas around Alamo. You can see examples of the posters below. Thanks to Greg at the post office and Sarita/Susan for donating other fun coloring books and children’s books which also filled the children’s “goodie” bags!
Right now GRIZZ is in need of monetary donations in anticipation for “puppy season.”
In the year 2012, Ed and I helped take care of about 90 puppies. We ensured they received needed vet care, medication, immunizations, food, socialization and transportation to Moriarty and onto better futures. I thank Pam Ingate for her tireless, selfless transportation work. Our combined effort to get puppies out of Magdalena and to places where the puppies will be spayed and neutered is a big reason why there is less dog over-population and suffering in the village of Magdalena. In the year 2012, GRIZZ paid for almost $9,000 in veterinarian bills, helping as many animals as possible get spayed and neutered, as well as, helping animals get emergency care curtailing suffering. Thank you Cynthia Welton for keeping detailed records, which are public records and which pass the IRS test!
GRIZZ needs: Money, money and money; foster homes; people willing to put up posters and distribute brochures regarding animal care issues; puppy chow; someone willing to secure fencing in an effort to get dogs off chains; someone willing to organize fundraisers; more crayons, colored pencil with sharpeners. Call 575-418-8647 to help or for more information.Magdalena
The GRIZZ Project