Thursday, July 7, 2011

180 calendar days....and counting


Yes, readers....it has been 180 days since January 8th.

That's the day I submitted my application and money to the Alaska Mini Goat Cache club. The day I was accepted as a new member by the sitting President.

Does anyone think that this is a reasonable time frame for any organization to respond? Would you accept this from a company you tried to do business with? Of course not! You'd already have them in small claims court, right? Or at least reported them to the BBB. Or something. Right?

In light of this, a communication was shared with me. Please note the day that it was sent:
_______________________________

From: Meredith Wolpert
To: rainy4279@gmail.com
Sent: Fri, July 1, 2011 7:39:11 AM
Subject: AkMGC

July 1, 2011

Alaska Mini Goat Cache

C/O Rayna Fritcher

3060 N. Lazy Eight Ct. STE 2 PMB 103

Wasilla, Alaska 99654

Dear Rayna,

As you are aware, a group of AkMGC members passed a number of actions at the January 8, 2011 membership meeting which we continue to believe was within its membership rights and compliant with our club bylaws. These actions include rescinding an action by former Board officers to expel no less than five club members in late December 2010 without any appropriate due process or compliance with meeting requirements, and re-opening nominations for 2011 officer positions (an action that occurred before any prior election process had been concluded). As members, we have yet to receive a copy of the minutes from this meeting that your own website acknowledges as the last official club membership meeting, and your actions since the January meeting are in stark contrast with the actions taken at this meeting, solely for the purpose of choosing to accept the actions which are those to your own liking, not the will of the vast majority of members.

The Small Claims Court action brought by a collective group of 18 members was unsuccessful in obtaining a judgment against former Treasurer Heather Fair to turn over the club funds in her possession to what we believe to be the legitimate officers of the AkMGC based on due process and majority of member input. The basis of this decision was the Judge’s express statement to ignore State of Alaska statutory requirements related to non-profit clubs, and provisions of our own bylaws requiring Roberts Rule of Order be utilized in matters of parliamentary procedure. We believe strongly that were the collective group of 18 members to appeal the Small Claims Court’s judgment to Superior Court that the merits of our arguments would prevail given that the rule of law would actually be germane in Superior Court.

However, in an effort to move beyond this apparent impasse that our two groups have regarding the club’s practices, our group of 18 members is willing to turn over to you, as your group’s President, the club tent (which former President Laura Manary placed at the end of her driveway and told our membership group to come pick up), the key to the Club’s P.O. Box which was established after former President Manary resigned and after the February membership meeting ( a prudent step to establish a permanent mailing address for the club given the possibility of officers resigning and using their own personal mailing address for club business), the website domain name which was established due to the former Treasurer’s failure to turn it over to the officer’s that were elected at the February meeting, and the account number(s) at MVFCU where club funds which were taken into possession by the new officers elected at the February meeting now exist. It should be noted that the current account(s), plus the old account which is still active, contain a total of $1,042.08. The difference between this balance and the balance in the account at the time of signatory modification to the new officers is $195.92, which has been spent on appropriate and legitimate expenses (P.O. Box, Website Domain, Recorded Club Agent update with the State of Alaska, and election processes that were approved at the January membership meeting which you, Heather Fair, and Laura Manary fully participated in and acknowledged. Again, in our opinion, a full vetting of the facts at a Superior Court appeal will bear this out. Yet, for purposes of moving beyond our current dispute, we are willing to attempt to resolve our differences in an amicable manner as possible.

Regarding the club funds in accounts which now contain our officer’s signatory authority, with this letter, account numbers which we propose to give you, and the Small Claims Court written judgment (assuming it supports your group’s claim of officer legitimacy), you should be able to take control of the funds by having MVFCU accept changes to the authorized signatories.

In exchange for our group of 18 member’s transfer to you of the above stated club “assets”, we require the following:

Written statement, signed by you, as President of the AkMGC, which concludes the status of the 18 memberships which were presented to, and accepted by, former President Manary and turned over to former Treasurer Heather Fair at the January 8, 2011 membership meeting. Specifically, we demand that the club acknowledge each membership which was accepted at this meeting or provide specific reason and supporting documentation why the membership is not being accepted in accordance with club bylaws, and a pledge to return that member’s dues within 10 calendar days for those that you do not accept.


A commitment to appropriately notify all club members of all club meetings authorized by, and in accordance with, the club’s bylaws.

Return of complaint fees to the complainant filed at the January 8, 2011 meeting given that the current officers have failed to complete any complaint process – the reason cited by Ms. Fair being that you are not in possession of the actual complaint documentation filed.

A hold harmless acknowledgment and agreement not to take any further action, severally and/or individually, against all members which make up our group of 18 members and whose names were stated within the Small Claims Court documents.

For ease of moving this resolution process forward, your signature and date below, shall acknowledge your acceptance of these terms. Following receipt of your signature below, we will immediately give you the MVFCU club account numbers, and make arrangement with you to immediately turn over the above noted remaining club assets to you.

We believe these terms to be reasonable in light of our collective disagreements, and necessary and beneficial to move beyond our current impasse. If not acceptable to you then perhaps we’re left with continuing our dispute through a formal Superior Court appeal which would be both expensive to both our groups, and with an unknown outcome, arguably, for both.

Sincerely,


Dr. Meredith Wolpert, PD

President (“Group of 18 Members”)

______________________________________________


Rayna did indeed get this communication. She cannot deny getting it, and the signature is a legally valid one in whatever media it is contained. (Hey, just one of the perks of being a doctor, who knew?) So she had been properly noticed, although sure to deny that suits their suddenly painstaking processes.

I have no idea how long anyone plans to wait before they go forward, one way or the other.

However, this is my truth: They have had my money since January 8th. I could successfully argue that I have never been a member, thus could not be expelled. Therefore, they have stolen my money.

Yep.

Stolen it. Along with everyone else who has been a victim.

Oh and in case you are wondering...there are NO meetings scheduled on the club's official website either. Which means that any "meeting" that Rayna needs to conduct ANY club business, is not happening any time soon.

Tsk tsk tsk. That black eye is getting bigger by the day :)

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