Monday, October 3, 2011
Victory is mine
On Saturday, I appeared in court for my case against the Alaska Mini Goat Cache. Upon arrival, we all sat through a another case, and then were sworn in and began. I was pretty nervous as I had never done that before, and bobbled my opening remarks to start. However, I was able to plainly state the sequence of events to the judge:
I joined and was expelled the same day.
The following day I got my money back through PayPal, and got an email from the President telling me I'd been expelled for cause.
I attended the membership meeting in January, resubmitted my fees and application.
They were accepted by the President (and yes, the Treasurer was present)
The Treasurer never attended any other meetings after that.
In June, the small claims case against the Treasurer was held, the results were:
That Heather Fair was the treasurer
That the election process they had started prior was valid
That the election results were valid with Heather Fair being Treasurer again
That the actions taken by the board in the expulsions were valid.
So, since I was expelled (and was not a member, and could not be a member, and could not reapply for two years) I asked for my money back. A total of five times, via email. I probably was not as polite as I could have been, but truthfully, I was disgusted with the entire club. I addressed all the emails to the President, Rayna Fritcher. She eventually came back with a "write a letter and we'll consider it" response. By that time, the club had held onto my money for nearly eight months, and done nothing to rectify the situation. Of note: The issue of returning money to expelled people are not addressed in their bylaws at all. Their language only applies to people already members. So, when Rayna quoted "members/membership applicants" she was not being accurate. And I'll just point out this, which is aggravating: Their own bylaws say that when you pay your dues, you are a member. Period. They do not say "after processing" which is what Heather Fair used as part of her defence.
They have had held no meetings since January. If they had held a meeting, I would have asked to be on the agenda, and then politely asked for my money back. I knew the club should work within the framework of their own bylaws (and they have, to some degree) and I felt that attending a meeting was the best course for resolution. Instead, their board voted back in April to not accept the minutes of the January meeting. I only found this tidbit in reading through the response to my suit, as it happens.
The judge did not want to get into the two factions of the club, since it did not apply to my case. This did not prevent Heather Fair and Rayna Fritcher from making inflammatory statements about the activities of the other faction, the trouble surrounding the club bank account, and my participation with the other faction. I very wisely did not take the bait because it was not germane to the suit.
The judge found my small claims suit valid, and the club is to return my funds.
I was not awarded expenses because I did not write that letter that Rayna demanded. I find this highly ironic because Heather Fair stated repeatedly that the corporation was unable to function due to not having a checking account. The reason they gave for not giving it back was not having a checking account. Their bylaws state that refunds and expenses must be done by check. A bald faced lie I did not correct. I know that the club has an account with $25 in it, at MVFCU. They also have the $290 in cash collected at the January meeting, as well as the $400 in the PayPal account. They could, at any time, deposit the $290 and transfer a portion of the PayPal account, if they chose to do so. Then it would be a simple matter to get counter checks and take care of business.
But no, instead they call into question the honesty of the bank (the bank itself, no less!), and have done nothing.
I presume this fits into their agenda, since if they "don't have a checking account" they can continue to claim that money has been "stolen". Which, by the way, they have done online already.
The other side of that is, of course, that the club has knowingly retained funds for nearly ten months.
That would be all the money collected at the January meeting, from over a dozen people who had submitted applications. Now, just who is "perpetrating a theft" here, eh?
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1 comment:
Congrats to you! Perhaps the rest of us can now get our money returned.
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