[NCARC] N0AOL's comments

[Randy Long]

First off, slow down till you have more of the facts...  First of all there
was no "ILLEGAL Board meeting". There was a special meeting called of the
remaining board to consider Tom, K1TJ's attempt to resend his resignation.
He has resigned before, and been allowed to resend it. Tom having resigned,
was not on the board at the time of the called meeting and all remaining
board members were present. 

 

In terms of the legality of the meeting, Bylaws section 3.3.a clearly PERMIT
the executive committee or club board to hold closed meetings. Here's how it
reads " The Executive Committee or Club Board is permitted to hold closed
sessions as they deem necessary. The minutes from any closed sessions will
not be made public. However, all votes and decisions resulting from any
closed session will be posted on the Corporation's website."(this is a
snipped section from Justin's email)

 

In terms of posting the results of the meeting, come on folks, give the web
team a reasonable amount of time to get it posted.

 

In terms of placing the club's license at risk, Tom resigned on Sunday.
Leaving the club with no trustee. So did he do the club a service by leaving
them with no current trustee? Then it all becomes okay because he decides if
they will take me back I'll keep them on the air? It was not until Tuesday,
that he offered to resend his resignation if the board would allow it. 

 

Much different than the situation with Bill,WB0ZVE, where Chris, KD0EGE was
the president, refused to accept his resignation. His resignation was
offered as a result of discovery that he had not been a member in NCARC for
one year prior to his election, a then recent change in the bylaws. The
entire club was approached at the next meeting and made a onetime exception
to that requirement for his situation.

 

In terms of the clubs license. In making a query with the board, I found
that matter already being addressed. It would appear until we have a new
trustee, that there will probably be a different call sign on the repeater.
That would be until the new registration with the FCC can be made, once a
new trustee is elected or appointed. Not a "hostile takeover", but a
necessary measure to keep our club within Part 97.

 

I find the choice of words interesting that this is a "hostile takeover"
when people left of their own volition. I think that when a majority of the
board looked at the history involved in Tom's resignation. I suspect they
felt it better to put the trusteeship in the hands of someone who would
hopefully not be on a revolving door of resignation and resending them.
There is a history of that with Tom. 

 

In addition, if one wants to describe a "hostile takeover" pushing ahead the
election to next month, not only violates the bylaws the entire club
ratified, but sounds more like a knee jerk reaction which would definitely
be a hostile takeover. There is no evidence that the current board has acted
improperly, unless that's what you call following the bylaws in how its
conducted business. This is by the way a business, whether anyone wants to
admit to it. We are a 501.(c)(3) corporation. Registered with the State of
Colorado and the IRS as such. As such, constrained by a different set of
laws than "just a fun club".

 

As for the turnovers in board members... There are as we all know in life,
people who have irreconcilable differences. People prone to conflict if
things do not go their way, with a lack of willingness to compromise. So
much so to the extent that when others try to hold to the rules or even the
standard of care required under the law, that those differences become too
great to continue business relationships. Hence a parting of the ways. It's
regrettable, but certainly understood that not everyone will be willing to
make compromises or accept them, in an effort for things to move forward.
Perhaps when that happens it is better for one or the other to agree to
disagree and either work with the situation or move on. We've had some who
have said they are unwilling to work under those conditions. We have
sufficient number of board members to be able to make the assumption that
the actions of the board are reasonable and within the scope of their
mandate and the bylaws of this corporation.

 

Under this boards watch, we have seen new bylaws written, ratified and
implemented. We have see a new web site that has enhanced the clubs
appearance to not only the membership, but in the community at large. There
has been an increase in membership. We have had better exposure to the press
and a public radio presence. We've seen the implementation of new accounting
software practices. We have seen an inventory control nightmare, which has
allowed resources we had to go who knows where, and now begun to bring into
perspective the clubs ability to track, value and control responsibly those
assets. We have over $60,000 in assets and cash, this is not the typical
back yard club anymore. We have responsibilities to have insurance for our
membership during events or even repeater maintenance, insurance against
loss, agreements for the housing of our equipment, all of which the members
of this board have striven to insure come to realization. All in all, I'd
say pretty productive.

 

Its long since time for this club to fulfill its business responsibilities
in the real world. Gone is the day that we functioned just as a club, but
now appreciate the benefits of having the 501 (c)(3) status, which permits
donations, tax exempt status on the part of the club, the ability to issue
receipts for donations for tax credit and a host of other benefits that
other organizations and businesses who make donations of space, cash or
equipment for us to benefit from. If we choose to be the Willy-Nilly club we
have been in the past, then we must be willing to give up the 501(c)(3)
status and all the benefits there of. Be ready to pay taxes on our income
and donations we receive. Be ready to start paying for all of our repeater
sites (which is not cheap) and be denied access to some locations as without
the 501(c)(3) status, we would never get in the door to receive.  

 

As to the allegations of infringement or encroaching of 1st and 2nd
amendment... Willie's statement was " I felt threatened by the man carrying
a weapon and his words and tone of his voice." Last time I checked he was
entitled to share his opinion. If he felt threatened by the tone of voice
and the fact that he was in possession "open carry" firearm, there is no
reason to deny him that right. No one advocated changing the law, merely
that he felt threatened by the presence of the open cary and the words and
tone of voice. He made the statement in an email directed to Tom. He
expressed what others may have felt, under the circumstances. Chris's
direction of the comments certainly lent itself to being interpreted as
slanted, and he too is a regular open carry person as well. Some may have
perceived him as threatening, even though his personal comments may have
said otherwise. As for the differences between open carry and concealed
carry, at least there is a screening process (county sheriff licensing) for
conceal carry and the firearms are concealed and not generally viewed as
threatening. I too have the right carry concealed, but no one would ever
know, which is a huge difference in open carry and coming to address the
club with a significantly emotional appeal.

 

I would consider communicating formally displeasure with the board, to the
board before ever having come to the general membership. There are
procedures, which the entire voting membership ratified and approved last
year. Procedures that allow for things to be brought to the board, approved
and then sent to the membership for approval. Those were not followed, even
though they are clearly on the website. Why? 

 

Sounds to me like there are a few who dare speak out of school for the
majority. When people are not presented all of the facts, they may be
persuaded to vote for anything. Board members who attempted to speak were
called out of order by our now ex president, while others not following club
procedures were allowed to speak. How does that equate to a hostile takeover
or board members not attempting to do what we elected them to do?

 

The complaints as I see them come right back to individuals not doing what
they committed to doing, even when they initiated the proposals. Who is
dragging their feet? Let's take a breath, take some time to look at the
facts and then make rational decisions. Perhaps we as a club, if we have no
more volunteers who are qualified and willing to do things, should work a
project thru, do it right and then move to the next project. If any of these
were emergencies, it might be different. None of the current proposals are
of emergency in nature. We still have our infrastructure in place and the
ability to communicate. Will we ever arrive? Sure we will, but until we
either have more people step up who have skills and the willingness to
participate, let's take it a step at a time and follow the rules we all
agreed too and follow through on our commitments as a club.

 

Thanks for looking at my comments and your calm consideration.

 

Randy,K7AVV