Board Meeting - 6/26

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Tom,

Neither of us accused anyone of anything other than what I considered to be blackmail. The events described and the interpretation of those events are opinions based on the facts given. I will contact Carole and discuss what to do with our very legitimate concerns. If the facts are not as we interpret them the board is free to set the record straight.

John

 

FYI, I wondered the same thing…

Could the board or a single board member sue an individual(s) for libel?
False statements on social media:

• A social media post falsely accuses someone of misconduct or dishonesty.

Libel is a form of defamation expressed in a written or permanent form, such as in print, writing, or through digital media, that harms a person's reputation. To qualify as libel, the statement must be false, cause injury to the subject's reputation, and be published or communicated to a third party.

Here's a more detailed breakdown:
Key Elements of Libel:

• Defamatory Statement: The statement must be false and capable of damaging the subject's reputation.
• Publication: The statement must be communicated to someone other than the person being defamed.
• Identification: The statement must identify the person being defamed, either by name or by other means.
• Falsity: The statement must be untrue.
• Harm: The statement must cause harm to the subject's reputation, such as exposing them to hatred, contempt, ridicule, or injury in their business or profession.
• Causation: The statement must be the cause of the harm to the reputation.
• Fault: In some cases, the person making the statement must be shown to have been negligent or reckless in publishing the false information.

H’mmm?

 

As a quick follow up, when I post, I do not reference any name, only title or position. Nothing stated was false, The post I made was true to the best of my knowledge and understanding. The statements made are in context of a public figure which has different definitions versus a private person.

The statements are made based upon knowledge gained from reading the statements made by others. This would be information gathered by hearsay which carries a different burden of proof.

• A social media post falsely accuses someone of misconduct or dishonesty.

The actions that occurred are documented in video evidence. There exists video evidence that the events occurred in real time. The sending out of emails to a specific group of individuals using their political position in order to benefit from their position is not an ethical action and is a violation of ethics for a director.
There is nothing fake about anything I wrote. It is documented in video as having occurred.
I will no longer entertain the idea this is acceptable behavior, not when there are clear guidelines for fiduciary duties.

 

Group defamation is a complex legal topic that touches upon the delicate balance between freedom of speech and protecting individuals and communities from harmful falsehoods.

Yes, groups such as businesses and corporations can sue for libel in Arizona:

• Businesses: Can sue if false statements harm their reputation or financial standing
• Corporations: Can sue if they can show that the corporation itself was defamed, not just its officers, agents, or shareholders

Group defamation, group libel, or group slander, refers to the act of making false, damaging statements about a group of people or a class of individuals rather than targeting a specific person. The ability of a group or class of people to sue for defamation varies depending on the jurisdiction.

In some states, group defamation is recognized as a distinct category of defamation, allowing groups to sue for false statements directed at the group as a whole and causing harm to its members. In other states, however, only individuals can file suit if they can show that a false statement specifically targeted them.

**Disclaimer, I do not claim to be an attorney.

 

So, with all of the various statements made over the years about the choices and decisions made by a specific governing body, my statements are the worst? I repeat that I never mentioned a specific name. To bring charges against those who have made statements about the RCSC and its policies and behaviors would be a grand task.
While the tone of my comment was caustic, I apologize for that. Yes, that bell was rung and I can’t take it back. The context of the post in regards to the use of power as a director is still an open question.
Disclaimer: I started heavy medication yesterday for a bad infection. I will refrain from posting until I have this stuff out of my system,

 

EO -

Thanks for the legal advice. What is your opinion of the law concerning public figures? Hmm. As I stated, I consider Jim Rough's threatening to expose confidential emails to publicly embarrass me if I do not withdraw my application for consideration for membership on the LRP to be blackmail. Perhaps you disagree? I welcome your opinion. Preston Kise sending out copies of confidential committee emails seems wrong to me. Again, I welcome your opinion. - Added later - I realize this is a very difficult topic and I have gone through and deleted posts that respond to EO's Thats all folks. The point to all this dialogue is that I allege that there is clear and convincing evidence members of the board engaged in behavior that is not befitting of a director, and the entire board has either been complicit or supportive of the activity. It appears to me that their actions violate their fiduciary duties to me and all other members. Our discussion of possible applicable statutes is just that. Each person will have to judge for themselves whether the behavior is ethical and legal. As mentioned in one of my posts, I will start to solicit members for a derivative suit. If enough members join the suit, we will be able to find out what is really happening, and what laws, if any were violated and whether it damaged the corporation (i.e. members).

 

GUILTY: Explore & Research possibility of Libel.

“… accusations made against certain people, I fear that there's an opportunity the whole thing can backfire and the accuser becomes the accused???”” - FYI

That’s All Folks!

 

Enough already, everyone! I missed one or two of the posts that were deleted, but let's quit these threats about lawsuits against each other, please! I lost count of them!

 

EO - Guilty? I can handle the truth. John

 

Count me OUT!

 

Thanks Janet - I am 100% in if there are 39 other members who feel as I do.

 

Good Morning John,
Dealing with a nasty infection and the antibiotics are causing some horrific side effects. Have not been on TOSC to speak with you about the proposed litigation offer yet.
I can certainly agree with your sentiment towards wanting to file suit against the directors of the RCSC. Not all are guilty of anything except being present.
We do acknowledge between ourselves that we feel improprieties have occurred and need to be addressed. The most recent case is evident and verifiable via video of the last board meeting.
Might I suggest, prior to seeking litigation, a compilation of offenses be considered and forwarded to the Arizona Corporation Commission for their review and evaluation? They used to be available for the inspection and review of complaints against corporate practices and malfeasance. They, in conjunction with the Arizona Circuit Court, can review and evaluate actions and if deemed appropriate or unlawful.
Once their investigation is complete, if they find just cause, can take over the corporation for the purpose of protecting the public interest.
I am not saying this is the only answer, but certainly could save you some money if the state courts do what you are seeking to do as well.
I want the best outcome for the members, of which you and I are. Going through the litigation process and the hoops you have to jump is taxing on everyone. Maybe try the ACC action first and if they deem the action by some were not appropriate or ethical, then seek the legal process. Just a suggestion that in my opinion, may be another option.
Thank you for your generous support and understanding. Look forward to hearing from you soon. Still on this horrendous medication and I will be seeking an alternative immediately.

 

Good Morning Carole,

Hope you feel better soon. I had not given the ACC much thought. We agree that the actions of the board appear to violate their fiduciary duties to the members. I am willing to try anything that has a possibility of instilling ethics in our governance. If you send me your email we can start working on the submission.

Thanks, John

 

Email sent to you John. Hopefully will feel better soon. Thanks