Sunday, July 3, 2011

THE FBI Re. The Sun City Summerlin Board

Dwain & Kathy,
Re. your below postings.
I am beginning to believe that there is something very wrong with this Board that has not taken any action to discover where the missing documents are.  They collectively refused to let the Association Secretary fulfill his duties and hire an outside investigator to recover the missing\stolen documents. 
In my opinion, it is obvious that these documents that disappeared around the time that the Executive Director's employment was terminated and the time when the Board 'locked out' the then Human Resource Director have some relationship.  Who had the keys to the Personnel Files?
Therefore, the suspicion created casts serious questions on the integrity of all Board Directors who voted against the Associations Secretary request for funding for the Investigator.
I believe that we as the members should not let this pass into oblivion.
How about we get a Petition from other members and contact the FBI for some advice and assistance.  Also, how about the same Petition being addressed to our Association's Underwriters for the Directors & Officers Liability coverage?   Without this coverage there would be far less desires to withhold information?
This type of action does not require any commitment of spending money by the Petitioners.
Let's have a little debate on this on our two chat lines.

Bernie Silver
=============================================

--- On Thu, 6/30/11, Dwain Kramzar <dkramzar@embarqmail.com> wrote:

From: Dwain Kramzar <dkramzar@embarqmail.com>
Subject: Re: [SCBuzz] YOUR BOARD
To: "BuzzSCBuzz" <SCBuzz@yahoogroups.com>, "My Sun City Summerlin-Blog" <DKramzar.mysuncity@blogger.com>
Date: Thursday, June 30, 2011, 5:28 PM

 
Kathy, I have been following your string of posts and agree things are bad and something needs to be done. The SOP of the past and present Boards has been the same for 14 years that I have observed. I fully support Director Gelbman's efforts. However, I believe the only solution is a total recall and to start over strictly following the original governing documents.


Dwain Kramzar

PS another solution would be to call for a full audit, then watch the mass Exodus from the Board. Remember "Follow the money" & numbers never lie. 


On Thu, Jun 30, 2011 at 10:33 AM, <khunt1968@aol.com> wrote:

 
Fay:

Thank you for your comments.
Things are so bad presently that something has to give.  I wish other people who
believe in Don would comment and try pushing in a new direction and get help for the
members.
God will bless you for taking care of your sister. She is first on your agenda.
Kathy Hunt8-)


-----Original Message-----
From: Fay Metz <metz@infionline.net>
To: SCBuzz <SCBuzz@yahoogroups.com>
Sent: Wed, Jun 29, 2011 12:42 pm
Subject: Re: [SCBuzz] YOUR BOARD

 
Kathy,
You have said it all about this BOD and prior ones.  They don't want any one rocking their autonomy and I believe unless some outside authority gets involved with our HOA of shame, nothing changes.  Don is trying and many of us voted for him, but there is no one on this board with the fortitude to change and help him.  Too bad!
I had to give up going to board meetings as I am taking care of my 86 year old sister.  Please, people who agree with Don, go and speak up. 
Fay Metz
-----Original Message-----
From: khunt1968@aol.com
Sent: Jun 28, 2011 7:20 PM
To: SCBuzz@yahoogroups.com
Subject: Re: [SCBuzz] YOUR BOARD

 

Sue:
This Board has broken every rule they can to get their way.  When questionsed by
the members at a board meeting they are told they are'OUT OF ORDER'.  You
condone this kind of treatment and seem to be a part of what this board is doing.
You obviously don't want change.  You just want to continue things as they are and go
along with the GOOD OLD BOYS and let them have their country club while the Seniors
suffer.  I guess $72.00 is no big increase for you since, you voted for it but it is a hardship
to many seniors in this community.
How dare you chastise Don for all the hard work he is doing.  He tells you how it is and you
don't want to hear it.  He may be brisk in his opinions but if it is the truth why is it so hard to
accept.
Why aren't you as a board member asking for an investigation of the lost files from last year?  You
shut your eyes and things will get better or go away.  Not so.  Things have to change with this
board and you are either going to be with the members (seniors) or the board.
How can you condone the amount of money that is being spent on legal fees?  If the board had to pay their own legal fees, I bet you would see a big drop in lawyer fees!
How do you as a board member let the president make all the decisions and just go along?
Don't you have an opinion?  Why doesn't all the board members meet and discuss issues as a
normal board would do?  You let Joe O'Connell run the entire Association and you guys are all
YES men and women.  Just because Joe does not want to hear Don's opinion is no reason why
you should agree with him but of course, maybe you think things should go along as they may!
I don't know but you don't appear to be for the seniors.  You appear to be a follower and not a
doer.
Of course, these are my opinions.  You can take them or leave them.
God bless,
Kathy Hunt8-)

-----Original Message-----
From: DONALD GELBMAN <drgtrustpl@cox.net>
To: Bob Robey <SCBuzz@yahoogroups.com>
Cc: Sun City Sue P <scsuep@cox.net>; 'Board of Directors' <bod@SUNCITYLV.com>; Barbara Cogar <BarbaraC@SUNCITYLV.com>
Sent: Sun, Jun 26, 2011 10:19 am
Subject: [SCBuzz] YOUR BOARD

 
Sue:
I am glad you don't care if this is on the chat line it shows you have
nothing to hide which I know is true. Too bad you didn't string all the
other "board" messages on the subject. All the rest is because you are
naive and out of touch with what is really going on. I have been doing
this for 15 years and I don't do it because it pays well.


I had already told the chat line (you are a member I believe) that I
would no longer post as a platform. Everything I posted was true and
could be backed up but there was nothing to be gained because the chat
lines, even this one have no real interest in politics and who can blame
them. If I think being on the Board is a waste of time I can imagine
what they think about reading about it. A race between 8 and 1 that is
not free and open is a little boring.


I will give you and the readers one example of why I have no respect for
any of you as Directors. Love you all, but respect has to be earned. I
had only one reason to be on the Board, our legal problems. I knew and
understood as well as last year's Board and its supporters that there
was not one Fiduciary in the whole bunch. Still I was hopeful that Joe,
David and Ken had had enough of the Boards violating the governing
documents for years.


I tried to get all the Board together and you know how that turned out.
With Joe, David, Ken, Jim and myself we had a majority. We talked
about the serious ED and Legal Counsel problem and I was assured in
words and body language that the four of them wanted the changes that I
knew had to come about if we were ever going to succeed as an Association.


My response to you is the result of that meeting. You suggested that we
break into small groups to look at all the problems and Joe jumped at
the chance to make sure that he never had to meet with everyone at one
time. He then appointed a commit tee of 4 to look at the legal problems.
At all times he himself alone was dealing with all of the attorneys
involved in current legal claims since we had no ED.


The committee he appointed never met since David who had been named as
chairman of said committee never called for a meeting. At the last
Board meeting we were told that the committee had not only met but had
decided on who our next general counsel would be. Happened to be a very
prestigious and expensive law firm that David had experience with.


Now my answer to your message that this Board is doing good and I should
quit complaining especially the way I do. The only time this Board ever
talks together as a Board is at the Board meeting. Those who oppose me
love to say that is the law and we must have open meetings. Of course
it is the law but it is not suppose to allow ANY board to operate the
way we do. Joe said it all when I asked him why I wasn't notified of
the meeting and invited to attend. He said in effect YOUR INPUT
WASN'T NEEDED.


I have no intention of doing what the 8 Directors are doing. You are
covering up very serious problems praying that last year will go away
and I tell you, you are dreaming. It will not go away and more
importantly it SHOULD not go away. Will anything change, probably not
this year. With people like myself and those who put me in office,
those who vote in favor of this Board's actions will eventually lose. I
believe it will be a court of law that finally exposes the lying and
cheating but I would settle for channel 13.
Don Gelbman, Director


On 6/25/2011 4:21 PM, Sun City Sue P wrote:
> Don,
>
> I am sick and tired of your constant berating of the board members, If you would talk civil and act civil, we could discuss issues and have a board that worked together well. Now, we have a board that functions as individuals because i f we give an opinion or ask a question, you throw it on the chatlines and distort it. You have a point of view and, I think, many on the board respect you for your opinion, though most of us disagree often with you, we all know that some of your ideas and points of view have merit. But, since you continually live in the past actions of past boards, you will never be part of moving Sun City Summerlin forward.


>
> Sue Papilion
>
> PS...post this it you want!
>
>
> On Jun 25, 2011, at 12:44 PM, DONALD GELBMAN wrote:
>
>> Sue:
>> You would do better worrying about what your performance as a Director has cost us. I will write to whomever I want. I agree the present procedure is as you describe but not the intent. I will not run up any bill that you have to worry about paying for. Marilyn and David do a good job of doing it for all of us. Joe has made sure our attorneys will not have to worry about running out of wo rk.
>> Don
>>
>> On 6/25/2011 11:18 AM, Sun City Sue P wrote:
>>> I would like some guidance here, I do not believe as directors that we should or have the right to contact our lawyers directly unless it involves us personally as in liability. I thought that contact with our lawyers was left to Barbara and the president as they see fit. I would hate to see each of us contacting the new law firm, requiring a response, which they could bill us for. Please respond if you think I am right or wrong! I do not want to pay for any bill that Don may have caused!
>>>
>>> Sue P
>>> On Jun 25, 2011, at 12:49 AM, DONALD GELBMAN wrote:
>>>
>>>> LAW OFFICE OF DONALD R. GELBMAN
>>>> 2649 Youngdale Drive
>>>> Las Vegas, NV 89134
>>>> PHONE& FAX (702) 228-2568
>>>> EMAIL drgtrustpl@cox.net
>>>>
>>>>
>>>> KAEMPFER CROWELL RENSHAW
>>>> GRONAUER& FIORENTINO
>>>> Attorneys-at-law
>>>> 8345 West Sunset Road, STE 250
>>>> Las Vegas, NV 89113
>>>> Attn: Christopher L. Kaempfer
>>>>
>>>> June 27, 2011
>>>>
>>>> Dear Sir:
>>>>
>>>> I am a Director and Secretary of Sun City Summerlin Community Association, Inc.
>>>>
>>>> First I would like to welcome you as General Counsel (my term) of our Association. I believe there are legal matters you should be aware of that your firm may want to become involved with. I will be happy to meet with you any time to provide background information.
>>>>
>>>> We have several immediate problems that your firm might want to be involved with. We have several EEOC compla ints against sitting Directors and the Association. We also have claims between two prior Presidents presently sitting on the Board. The Directors involved were on the board last year. This year many legal and personnel files are missing and the present Board has refused to hire outside experts for purposes of discovery.


>>>>
>>>> When I became a Director this year, I took steps to try to resolve the immediate legal and management problems. The Board ignored my advice and took active steps to minimize my impact on the ongoing legal problems. I believe many of the Directors have a severe conflict of interest and that this Board is in violation of its Fiduciary Duty.
>>>>
>>>> I look forward to your legal representation of our Association and will help you in any way I can.
>>>>
>>>>
>>>>
>>>> __________________________
>>>> Donald R. Gelbman, Esq., Director and Secretary SCSCAI
>>>>
>>>> Cc: email, board of directors, Barbara Cogar, Executive Director
>>>
>>>
>
>




--


Dwain A. Kramzar
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