SCN: RE: More Missed

Joe Mabel jmabel at saltmine.com
Mon Jun 26 14:10:24 PDT 2000


It's not my job to tell the Board how to do their job.
My own past experience is that if I don't get along with a lot of people in
a volunteer organization, I find another volunteer organization to work
with.
JM

-----Original Message-----
From: Rich Littleton [mailto:be718 at scn.org]
Sent: Monday, June 26, 2000 1:21 PM
To: Joe Mabel
Cc: Steve; scn at scn.org
Subject: More Missed



Joe,

If you are upset about all this hoopla, then you should be furious at the
Governance committee that refused to handle my complaints.  That left no
other forum.

Whatever your feelings, you need to condemn that commitee and the board
which tolerated this dereliction of duty.

If the dispute-settlement mechanism abandons its duty, expect solution
seeking in other forums.

Similarly, the fact that this reached lawsuit stage is a seriously
negative comment on the performance of the board.  How should the board
have handled it to get the civilized resolution you would have wanted.
(flip answers need not be sent.)

Rich

______________________________________________________________________


On Mon, 26 Jun 2000, Joe Mabel wrote:

> Rich, your concern with "wrongful and public" dismissal seems rather odd.
> All of this woud have been close to private and certainly quickly
forgotten
> by most parties if you hadn't filed a lawsuit. Most of the publicity
around
> this event is an outgrowth of the suit.
> 
> Also, while I hate to open this box, you have alleged "embezzlement", a
> pretty nasty charge, but I've heard nothing from you but a sweeping
> allegation. Given that your focus seems to be on your own dismissal from a
> position, I have to suspect that "embezzlement" claim is just a nasty shot
> in the dark. Or have I missed something concrete?
> 
> JM
> 
> -----Original Message-----
> From: Rich Littleton [mailto:be718 at scn.org]
> Sent: Monday, June 26, 2000 12:33 PM
> To: Steve
> Cc: scn at scn.org
> Subject: RE: SCN: Put up or shut up.
> 
> 
> Steve,
> Good summary.  See my comment inside your text.
> 
> Rich
> 
> ______________________________________________________________________
> 
> 
> On Sun, 25 Jun 2000, Steve wrote:
> 
> > > After you read this, tell us your understanding of what this means.
> > 
> > At first glance, it looks like the indemnification provisions contained 
> > in the Articles of Incorporation are in conflict with those in the 
> > Bylaws.
> > 
> I don't see a conflict.  The articles are more inclusive and complete.
> The By Laws merely make a general policy.
> 
> > But references in the Articles to intentional misconduct, 
> > recklessness, and gross negligence (the standards for which are far 
> > more rigorous than a simple violation of SCNA procedures), 
> 
> Actually, that is not correct.  The definitions do not depend on the
> "heaviness" or gravity of the offense.  Intentional misconduct,
> recklessness, and gross negligence measure the intentionality involved --
> as opposed to truly accidental events, such as misplacing a file or
> forgetting a deadline.  One can be very intentional about violating a
> major or a minor rule or process. 
> 
> However, in this case, the violation was serious because it resulted in a
> wrongful and public dismissal.  And because it was done by officers and by
> the very ones in charge of upholding the rules.
> 
> > generally mean as adjudicated. If found guilty, the offender would 
> > likely be prohibited as a matter of public policy from receiving 
> > indemnification.  Which is pretty much the same thing as the Bylaws 
> > provision.
> 
> I concur.
> 
> Rich
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