So Long, Winch.

[John Phelan]

Tim,

Interesting point of view.  I don’t have the Club Constitution handy.  Can you please cite the parts of that document you feel have been violated and in what manner?  Thanks.

John F. Phelan
(S20 Mobile)

[Tim Ponsot]

Hi John,

Thanks for the question. Please see below, taken from the constitution of our Club.

• Subsection pertaining to Larry’s exclusion from BOD meetings

 

Article VI — Board of Directors

 

<u>Section 2.1</u> The person who has served as President of the Club immediately prior to an annual meeting of the members of the Club or another meeting of the members called for the purpose of election and who is replaced as President by a vote of the members at that meeting shall become the Immediate Past President of the Club and shall also become an informal, non-voting member of the Board of Directors and entitled to attend meetings of the Board until a new President is elected at a subsequent annual meeting or at another meeting of the members called for the purpose of election.

 

• Subsection pertaining to “Special Assessments”, “Overhaul Funds” and raising dues for flight instructors with no vote taken from the general membership. Also listed under Article VI — Board of Directors.

 

<u>Section 2</u>. The Board of Directors shall have the power to make all necessary contracts on behalf of the Club, to purchase equipment and supplies, to borrow money on behalf of the Club and to secure the same by mortgage or deed of trust on the property of the Club, to pay and discharge all debts of the Club, and to carry out all matters and things necessary or incident to or in aid of the carrying out of the aims and purposes of the Club. The Board of Directors shall have charge and control of all Club property. The Board of Directors may also levy assessments upon the members, provided, however, that any assessment levied by the Board of Directors must be approved by a three-fourths vote of the entire membership entitled to vote before becoming effective. The vote on any assessment shall be by written ballot. Any decision of the Board of  Directors may be repealed by vote in favor of repeal by three-quarters of the entire membership entitled to vote by written ballot.

 

• Subsection pertaining to threats to remove me from the club

 

Article XV Suspension, Expulsion and Removal from Office

 

<u>Section 1.</u> A member may be removed from office, suspended for a period, or expelled for cause for violation of any of these the Sky Soaring Inc Constitution and Bylaws, or the Club Flight Regulations, or other rules of the Club, or for conduct prejudicial to the best interests of the Club. Such removal, suspension or expulsion shall require a two-thirds vote of all members entitled to vote at a meeting of members, provided that a statement of the charges against such member and a notice of the time and place of the meeting shall have been mailed to such member at least fifteen days before the meeting.

 

Tim

[Tim Ponsot]

Reposted due to a messaging error…I (and several others I queried) didn’t get an email confirmation that this posted.

Hi John,

Thanks for the question. Please see below, taken from the constitution of our Club.

• Subsection pertaining to Larry’s exclusion from BOD meetings

 

Article VI — Board of Directors

 

<u>Section 2.1</u> The person who has served as President of the Club immediately prior to an annual meeting of the members of the Club or another meeting of the members called for the purpose of election and who is replaced as President by a vote of the members at that meeting shall become the Immediate Past President of the Club and shall also become an informal, non-voting member of the Board of Directors and entitled to attend meetings of the Board until a new President is elected at a subsequent annual meeting or at another meeting of the members called for the purpose of election.

 

• Subsection pertaining to “Special Assessments”, “Overhaul Funds” and raising dues for flight instructors with no vote taken from the general membership. Also listed under Article VI — Board of Directors.

 

<u>Section 2</u>. The Board of Directors shall have the power to make all necessary contracts on behalf of the Club, to purchase equipment and supplies, to borrow money on behalf of the Club and to secure the same by mortgage or deed of trust on the property of the Club, to pay and discharge all debts of the Club, and to carry out all matters and things necessary or incident to or in aid of the carrying out of the aims and purposes of the Club. The Board of Directors shall have charge and control of all Club property. The Board of Directors may also levy assessments upon the members, provided, however, that any assessment levied by the Board of Directors must be approved by a three-fourths vote of the entire membership entitled to vote before becoming effective. The vote on any assessment shall be by written ballot. Any decision of the Board of  Directors may be repealed by vote in favor of repeal by three-quarters of the entire membership entitled to vote by written ballot.

 

• Subsection pertaining to threats to remove me from the club

 

Article XV Suspension, Expulsion and Removal from Office

 

<u>Section 1.</u> A member may be removed from office, suspended for a period, or expelled for cause for violation of any of these the Sky Soaring Inc Constitution and Bylaws, or the Club Flight Regulations, or other rules of the Club, or for conduct prejudicial to the best interests of the Club. Such removal, suspension or expulsion shall require a two-thirds vote of all members entitled to vote at a meeting of members, provided that a statement of the charges against such member and a notice of the time and place of the meeting shall have been mailed to such member at least fifteen days before the meeting.

 

Tim

[John DeRosa]

Tim,

Your recollection is incorrect. Larry was invited to a Sky Soaring Board meeting each month and attended many of them.

Best Regards,
John DeRosa

[Tim Ponsot]

John-

I think it’s best to let Larry speak directly to my first point.

I’d sure appreciate the Board’s explanation, or, quite frankly, an apology, with regard to the other two.

-Tim

[Author]

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