March 30, 2011 |
Anne Randall Stewart, as usual, you are dead wrong! I find it very interesting that you will pick out words or phrases in RCSC’s corporate documents and use them to support your position, however, you call it word-smithing because the law means “and” or “or” when it is used in the state statutes. I am sure anyone who has titled any property has a very clear meaning of the difference between “and” and “or.” It seems that the wording used does not fit the position you desire RCSC be required to take by law.
To claim that the addition to Board Policy #27 that allows RCSC’s long time standing committee members to be grandfathered from the provision that they “must not be related to any other member of the committee by marriage or birth” if they have served on the committee since May 8, 2008 as some sort of hidden agenda is compatible with your apparent paranoia about the RCSC Board of Directors. After Carole Martinez, a new Board member in 2011, was assigned as the Chair of the Member Communications Committee, she realized that her committee was in violation of the current board policy because that board policy did not state that those long time committee members were grandfathered. Therefore, her committee, made up of RCSC Members, asked for this revision and the Board gladly complied.
What planet are you living on Anne Randall Stewart to publish such a statement as: “Instead of obeying the law, the RCSC is paying a lobbyist and establishing a Government Affairs Committee?” First of all, RCSC does obey the law. Secondly, RCSC has had a paid lobbyist for many years and any connection to your statement regarding such is absurd. The lobbyist informs RCSC about bills at the Arizona Legislature that would have an effect on Sun City. Finally, to be paranoid about the development of a Government Affairs Committee is incomprehensible. Surely you must be aware of RCSC’s role in fighting the Arizona American Water rate case and bringing the public hearing of the Arizona Corporate Commission to Sun City at the Sundial Recreation Center last year. I would also hope that you are aware of RCSC’s participation in the fight against the Charter School in Sun City last year. With these events and the need to stay on top of legislation, the RCSC Board of Directors felt it very important to establish a Government Affairs Committee as it is too much for the Board and staff to take on without some additional help. We have several issues that need the attention of such a committee at this very moment, such as the rate case of Southwest Gas, which includes decoupling. Are you familiar with decoupling Ms. Stewart? Might I suggest you use some of your tenacity and persistence to benefit Sun City?
The Legal Affairs Committee has no connection to the membership quorum process and has not been an active standing committee for over a year, which is why the Board is removing it as a standing committee at this time. A standing committee is established to aid the Board in accomplishing its duties on an ongoing basis. The Legal Affairs Committee would not be asked to convene on anything that was under advisement by RCSC’s legal counsel, as the members of the committee were never licensed to practice law in Arizona and most had not practiced law for many, many years in the states from which they originated. Therefore, it certainly would not be advisable for the Board to use the Legal Affairs Committee to provide advice on anything that required a legal opinion.
The previous membership quorum of 100 was less than one-half of a percent (.3%) of the total membership and left RCSC and its Members at risk of being controlled by a small minority. Someone with 100 proxies could have made changes with numerous unintended consequences that could have done a great deal of harm to RCSC and Sun City homeowners. Following the advice of RCSC’s legal counsel, the Board eliminated this provision thereby causing the RCSC to be subject to the default provisions of ARS §10-3722 which sets a nonprofit corporation’s quorum at, “one-tenth of the votes entitled to be cast” until such time as RCSC could form an Ad Hoc Committee with the Membership at large to come up with a more reasonable number. I was the Chair of this Ad Hoc Committee and we met on several occasions and in the end made a recommendation to the Board who adopted a reasonable and attainable 1,250 membership quorum, which includes proxies. We know that this number is attainable because it was easily reached in person with no proxies at the meetings regarding the water rate case and the charter school.
Quite frankly Ms. Stewart, if I were Craig Brown I would be slapping a defamation of character law suit on you by now. This is twice that you have denigrated his character in the newspaper, the last time was just before early elections and I doubt that you have ever even met the man. Your continued misrepresentation of him is unforgivable, especially in light of the fact that it is totally developed on hearsay. I did not know Craig personally prior to serving on the RCSC Board. Craig did a phenomenal job as a RCSC Board of Director, Treasurer and Chair of the Insurance Committee during his term. The Board has many responsibilities; i.e. to fulfill its fiduciary duty to act in the best interest and for the benefit of the corporation, to exercise sound business judgment, and to establish and revise policy and Craig took his responsibilities as a Director very seriously. Through Craig’s wealth of experience and expertise in insurance, he has made a significant difference to each and every Sun City homeowner by managing RCSC’s risks appropriately. In my opinion, you owe this man a published written apology.
James Bishop, Vice President & Chair of Quorum Ad Hoc Committee
RCSC Board of Directors