By Gene Garner, March 10, 2020
There’s a great deal of opposition in HSV to extending the CEO’s contract, even a petition that asks the BOD to refrain from approving it. We’re all now waiting to hear what will happen but I’ve been wondering if we will ever know if there has been an extension.
There’s been pressure put on The Village Voice and they’ve stopped printing letters that mention her contract. We all know the BOD is famous for their “executive sessions” that allows them to spend our money in secret. They can use these sessions to grant the 30% pay raise and approve a two-year extension. NDAs (non-disclosure agreements) have been in the news lately and are popular with celebrities & politicians with more money than brains to hide their indiscretions. These could be used to silence the maverick directors from disclosing her contract details.
Even after the CCI court decision that reaffirms our right to know what’s in our books & records, the BOD denies some of our residents, like Frank Leeming, his access to even the most basic information. How much confidence do you have in an organization that doesn’t respect the rule of law?
As it stands now the BOD & CEO control the narrative, they tell us what they want us to believe and withhold that which will “harm” us. And these are people that can’t negotiate a contract to upgrade our gates, that lend money to a cook that doesn’t pay her taxes, that gets rid of a director with a different opinion and a long list of other missteps.
Maybe I’m overthinking this but I’ve seen the sleight of hand and the questionable decisions they’ve made in the last 5 years and I can’t bring myself to trust these people. And I wonder how long it will take to hear her contract has been extended 1-2 years? —Gene Garner
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Lynda Narug
03/10/2020 — 11:01 am
I refuse to use the term CEO when referring to Nalley. She’s a Manager, but her ego prefers the term CEO.
Vicki
03/12/2020 — 7:21 pm
I agree with you Linda! The manager whom promoted herself to CEO and demoted Property Owners to members.
Minn Daly
03/10/2020 — 11:09 am
Gene, thank you for saying what all of us are thinking & worry about with this run a way BOD & the incompetent way they handle someone (CEO) that is suppose to report to them. We the members will have legal recourse it will take time but it can happen against the BOD & malfeasance against the CEO. Court cases are expensive as you know. Let’s hope that the chair person who owns a running business in HSV thinks twice before she commits to the action of extension of Such a ridiculous, horrible, contract that some very demented BOD members initiated. They all must have vile thoughts for the members that voted them in. Again thank you Gene for all you do & have done to bring injustice to light for members. Wishing you the very best on outcome of compliance suit. From what I am hearing it looks like you will win. Minn Daly
Andy Kramek
03/10/2020 — 11:19 am
Minn Daly: You said ” the chair person who owns a running business in HSV”.
My understanding was that Cindi Erickson no longer has (and has not for some time now) any interest in any business in HSV. Do you know differently?
Trust me, I have no love for the current board chairperson, but putting out false information is what THEY do, we must not fall into that trap..
Lloyd Sherman
03/10/2020 — 11:30 am
Let’s address the issue of Executive Sessions and the Board’s responsibility, starting with Article IX, Section 3 (Board Accountability), Item II (Duty of Loyalty and Care), b) (Confidentiality and Transparency) and I quote:
“As further described in Chapter 8, Article 3 of the Board of Directors policies, both confidentiality and transparency must be balanced to prevent harm to HSVPOA or frustrate the deliberations of those individuals elected to govern the organization. Executive sessions are not intended to, nor should they be used to hide important and appropriate information from the members, but to protect the innocent, assure confidentiality about sensitive matters, and avoid unnecessary legal expense or action.”
It goes on further to state in 2 and 3 of the same b):
“2. Public deliberation is otherwise recommended to build member trust and support. Board members should not use private deliberations for the sole purpose of circumventing prudent transparency.”
“3. A Board vote, whether taken privately or publicly and as documented and allowed within these bylaws, shall be binding on the organization. Board actions taken privately shall be communicated during the next public board meeting.”
PLEASE FOCUS IN ON 3.
Lack of transparency has been an ongoing issue for some time now and it is time for it to cease. The POA is under court order to provide information to the property owners. That is not supposition; it is a fact! The property owners are the POA. That is not supposition; it is a fact! The fact that we have elected officials (Board) and a POA to run our affairs does not provide anyone a license to keep information from the very people they represent.
I know that some within the Board and several within the POA shall read this, so understand that if elected to the board, I will be fighting every day for the right of property owners to know what is going on within their community. If you take action on extending the contract you have been asked not to, you need to do so at the very next board meeting and not save your decision as an April surprise on your way out the door.
Please be transparent and open with your fellow property owners and provide them the information they want and deserve.
Tom Blakeman
03/10/2020 — 12:34 pm
Lloyd,
Hopefully one of the first changes you and the others will accomplish when on the board would be to remove the rule currently in place which prohibits any board member from speaking out, after the fact, on any decision the board has made. That change alone would go a long way towards the transparency, openness and freedom of discussion we all want from our elected officials.
Similarly, any rule which restricts freedom of speech by the board members, regarding actions or policies of the POA or it’s hired managers, whether it be in an employment contract or otherwise, should also be eliminated.
Sam Taylor
03/10/2020 — 2:43 pm
Absolutely!!! That rule stuck in my craw the very first time I saw its existence.
Robert Busse
03/10/2020 — 12:07 pm
How many Directors will have to approve the signing of her contract, since the BOD has only 6 directors? Will it still require 6 or will the number be 5 in this case?
Tom Blakeman
03/10/2020 — 12:22 pm
Robert,
I would think only a majority to extend or approve bonus. That would be three of the current five. Per her contract it is six of seven to fire her.
I’ve heard one is a definite no. Another is probably a fence rider. That leaves at least three who would likely be yes votes.
Anybody want to guess on who’s who in this count?
Kirk Denger
03/10/2020 — 8:54 pm
4
Lloyd Sherman
03/10/2020 — 12:23 pm
Bob Busse – There are currently only five active board members. Items like the contract only require a majority to approve, although it takes six to terminate it. Now my question is, what constitutes a majority with only five board members? Is it three, or does it take four which is the majority for a board of seven? I believe this may be a legal question.
Kirk Denger
03/10/2020 — 8:55 pm
3
Kilroy
03/10/2020 — 1:36 pm
Lloyd when you three get seated, do something about a bylaw that states the board must speak as one. Or speaking out as Tom Blakeman describes it. Don’t let those orientation people
(Kool Aide Dispensing dream team) get you to believe their B. S. The will double team you guys this year me thinks.
Kirk Denger
03/10/2020 — 9:54 pm
Better get the bonus in cash before April 15th. After that, not so much. Come to the Board meetingS April 15th, ALL of which should be TRANSPARENT to BALANCE the CONFIDENTIALITY of the previous eight years. There are no innocent or sensitive matters. Remove and replace all violators of the governing documents, rescind all changes made in violation of our governing documents since 8/17 including the CMP and Protective Covenants. Lawsuit moot by Gene, Thank You. Let’s enjoy our 50th annaversary on April 20 2020! Proud Past, Strong Future.
Linda Anderson
03/10/2020 — 10:19 pm
The people of the village spoke out against extending the CEO’s Contract. This should have made a huge impact. Unfortunately, the majority Board may have already made up their minds to go ahead and vote to give the CEO what she wants. In order to side step any conflict at a regular Board meeting and keep SECRET which Board members will vote for this, an EXECUTIVE MEETING would be a perfect excuse. Let’s not forget that the board voted the CMP as a governing document and chose executive secession to hide that vote. Let’s hope the Board chooses to be upfront and place their determinations with full disclosure at a board meeting. To do otherwise would show contempt and disrespect for the people who voted them into office.
Minn Daly
03/11/2020 — 11:07 am
Andy kramek, Arkansas living magazine printed article in June of 2019 on the BEEHIVE NEIGHBORHOOD HANGOUT that states our chair is in with a group as owners of the establishment. If you google the name of the establishment you will find this information. It is not my practice to state things I do not know! Minn Daly
Andy Kramek
03/11/2020 — 11:44 am
And was bought out by Greg Jones in the fall of 2019. She is no longer involved in the business and while the article was correct in June it is now out of date.
HSVP C
03/11/2020 — 12:39 pm
Thank you for the clarification.
Kirk Denger
03/11/2020 — 6:12 pm
What about the Balboa Marina?
Jerry Carroll
03/17/2020 — 9:26 pm
Rather suspicious timing, wouldn’t you say? This sort of thing happens in politics all the time.
steve bylow
03/11/2020 — 11:15 am
Although it makes no sense to extend the CEO’s contract in the middle of the two year agreement,
if a Board member decided they might want to extend the CEO’s contract at this time, I’d recommend they talk to an independent lawyer about their “fiduciary responsibility” before taking the action.
I’d show them the:
1. 2019 CEO Goals
2. 2019 Accomplishments
3. CEO contract and impact of the decision
Yes Board Members have insurance to protect them from many decisions but there is a limit to what gets covered.
Steve
Minn Daly
03/11/2020 — 11:55 am
Andy thank you! Was unaware of that! Again thanks! Minn
Dave
03/12/2020 — 8:10 am
No more contracts. Employment until one of three things happen.
1. Retirement
2. Resignation
3. termination