Abuse of Authority...

Just when you think the RCSC might be turning the corner and starting to listen to the membership, you get slapped in the face and they tell you point blank; this community belongs to them (the RCSC board) and our job is to just to pay the bill they send us. End of story.

Most of you who have been attending meetings or have been reading along know a Sun City resident filed a petition for a recall petition for Sue Wilson's actions when she marched the board off the stage and left the audience standing there. It was a shameful act which amplified how little respect they have for the membership; especially those of us in attendance.

I've been following along and chatting with the guy who was angry enough to start the petition process. I lived my life wrapped up in contract language and beyond that for the past twenty years, have served on more boards than most. In every instance, i make a point to read the documents to understand what they say and how we are to function.

So when my neighbor asked me about the petition, my first comment was to read Article 9 of the By-Laws and follow them closely. He did and he drafted a letter requesting a recall petition number from the RCSC. When he dropped it off the new gm said he couldn't accept it (even though he has no authority to do so); he claimed Sue had done nothing wrong. After some further scrambling, the petition was rewritten and submitted with more clarity regarding the presidents actions (though even that shouldn't have been necessary).

So we are clear, here is what Article 9 says regarding filing for a recall petition: A recall petition will set forth the name of the Board of Director whose removal is desired and the reasons for the recall. That's it. Initiative and Referendum petitions have much more substance needed, recall petitions have nothing beyond the name and the reasons for recall.

All of this came to a head tonight when i was forwarded a letter sent to him from, drum roll please: The RCSC's attorney James R Hienton. He argued, no let me rephrase that, he said; "there was no violation of the Articles of Incorporation or By-Law therefor the petition for recall was denied." Really Jim, where the flock does it say that in the By-Laws? And i mean that literally, where?

We used to argue clear and unambiguous language for shits and giggles in my previous work life. Attorneys always wanted to muddy the waters with the murky dribble that gives them wiggle room. Sorry Jimbo, in this case the RCSC language is plain as the nose on Jimmy Durante's face.

Why is it okay for them to just make crap up? Why have rules that only apply to us? One of the documents i requested from the RCSC is a copy of the By-Laws from 2005. I simply want to compare them to the mess we are trying to shuffle through now. They've been changed to be harder to follow, but in this case, oops, they missed not making that change. I know you love to tell us all what the "intent" is/was, but the simple interpretation, when the language is clear and unambiguous, is just exactly what it says.

Freaking shameful yet again.

 

So now what?

Why does a lawyer get to decide? Who does he represent exactly?

What a cluster.

If, big if, we have a quorum for Membership Meeting can't we just vote on this and majority wins? 'We' are the corporation. If we elect, we can recall.

 

Based on what you've posted Bill (and I haven't looked any farther into it yet) it appears to me that you don't even need a reason to recall director!!

What a crock of shit! (Sorry!)

 

Don't be sorry FYI, that is exactly what it is.

I want people reading this thread to understand just how insidious this is. Here's why: Sun City was founded on the basis of a partnership between the owners (members) and those they elected. The general manager was never even a part of that, other than to run the day to day operations. The founding documents were crafted carefully to create a balance with a system of checks and balances. Neither party could go off half-crocked. It was simply perfect symmetry and more importantly why Sun City was so unique from almost every other age restricted community.

That's not to say there weren't problems along the way. In fact, there were ugly disputes over all kinds of issues, but in the end, the partnership survived and the community flourished. Then 15 years ago, the board made a decision to hire a new general manager who decided the most important ingredient for her success was to create a setting where total and absolute control was essential. The board should have reigned her in, that was the role they were elected to perform. Instead, she offered them reduced work loads, less research and a total dependence on the direction they would go in. I watched in horror. At one point i ran and quickly came to understand it/I was the proverbial finger in the dyke.

The Articles of Incorporation take more work to change. They are the starting point for all documents that follow. The By-Laws, as we have seen, can be changed quickly and typically without a whimper by boards who fail to understand what those changes really mean. Hell, if the general manager tells us it's good, it must be good. The partnership that existed between the membership and the board shifted. The new partnership became the one between the board and the management. Wholly different than the way we were built and why we were successful.

As that new partnership grew, the board now saw their job as giving management most of decision making process and protecting them from rogue board members unwilling to drink the Koolaid or worship at the shrine of the gm. That's when it turned really, REALLY ugly. In 2020 they fired a board member we (the community, the owners), elected simply because she was asking questions. They saw it as an attack on the gm when in fact she was doing exactly what boards are supposed to do; question those who work for them.

In 2021 Karen McAdam was elected and she started out on the wrong foot, she pointed out the very reason for the RCSC's existence when she read them this: To do anything and everything lawfully necessary in the interest of the Members of the Corporation. Yikes, what a novel concept; serving the membership rather than the gm or the corporation. It was apparent quickly she would become the round peg in the square hole. She challenged the board from the very start, oh the nerve of asking questions and making them uncomfortable. Decisions were being made, questioning them as to why and what they are doing is what boards are supposed to do. God forbid her stepping on toes.

Here's where we start looking closely at how times (and more importantly) our documents have changed. They were written to create that relationship between the members and the board they elect. They were rewritten to strip members of their rights. The By-laws make a mockery of the Articles of Incorporation. The By-Laws are near on impossible to read with so many hoops to jump through it is nearly impossible for members to have any voice; AT ALL (yes i know, i'm shouting it).

Let's recap: Two board members were fired in the blink of an eye because they questioned the general manager; by the way, the membership elected them. When a member wanted to recall the president he was forced to write and rewrite the petition for removal and then had to wait for 60 days before the attorney for the RCSC told him to pound salt. And to be clear, the petition request simply gave him a control number where he had to try and collect 3200 plus signatures off RCSC property so there would actually be a vote on the question somewhere down the road to recall her.

I have to be blunt here, as i write this, i cannot even fathom the insanity of it all. What we have become is an end game beyond my comprehension. Suffice to say, i won't be attending the outgoing gm's going-away party.

 

I'd say, We the Members, not wanting Sue Wilson to represent us as the board president is reason enough for a recall.

 

Why would we elect board members who don't work for us or represent our concerns? That would make no sense.

There needs to be some redirection of duties. Responsibilities and accountabilities need to lay with the correct parties. Management = operations. Board = vision + long range planning with fiscal responsibility and oversight of GM. Members = involvement in meetings and committees, volunteering and enjoying a neighborly life.

 

I'm thinking that when the Member Exchanges once again begin the board just might be sorry they brought them back because there's nothing good to say other than the fact that WE need greater input and understanding to what the board has been doing.

Does the phrase "by the consent of the governed" ring a bell? The board is subordinate to the general membership and they are elected by us. They need to understand that!

 

If only they knew and understood that FYI we would all be better off.

 

We have all said it before, but it bares repeating… the only way to change things is through membership involvement.
Problem is the majority doesn’t care enough to get involved. One would think it wouldn’t be an issue to get 100 votes out of this size of membership, but…

I have met some nice folks here and when I mention there is a board that runs this they say, “yeah, they seem to be doing a good job, good for them, it’s not something I would like to do.”

As long as the average homeowner is happy to let others run the show, things will continue as they are. With that said, I think if the average homeowner knew what was going on they might get concerned enough to at least attend a meeting or even get educated and vote.

 

Hey BW, hope all is well. You are right, most folks are contented to ignore what is going on with the board and just enjoy all Sun City has to offer. The tough part is, one day they'll wake up and try and figure out what happened...how did we get here? And to be clear, this isn't the sky is falling stuff, more the reality of the problems coming at us that we know are out there. The lake, the water shortages, the golf course conversions, building costs being crazy, losing the pickleball courts south of Grand Ave and the board doing whatever they please...why? Well because they can.

How about a little history lesson? The only board member ever recalled was Art Williams in 1992. There's been a couple of other efforts, but this was the one that stuck. His sin? He wanted to build a two story administrative building where the bocce courts are at the Sun Dial Rec Center. At the time they were a carpeted lawn bowling green. Art was an interesting character. Initially the board and his vice president supported the idea but when the recall petition started, everyone else listened. Not Art, he stood firm and the community reeled him in by kicking him off the board. Kind of makes you wonder what By-law that violated eh? BS is always BS, even when an attorney tells us so. And so we are clear, that was the way the documents for Sun City were written and they worked like the checks and balance were created; holding board members accountable.

And one more kick in the teeth to all of us, here's the closing lines from the attorneys letter regarding the petition: "Therefore your petition has been denied. As such the RCSC considers this matter closed. Please direct any further correspondence at my office at the address in the letterhead."

That is you giant F-You to all of us. Happy freaking Sunday.

 

Here's my opinion why the lawyer is full of shit and what bylaws were broken by Sue Wilson:
1. She took it upon herself to adjourn that board meeting without a vote from the board.
2. She improperly called the Special Session that was used to dismiss director McAdam which made that meeting null an void.
3. State statutes mandate that the RCSC bylaws provide the procedures and method to dismiss a director. The bylaws specify Robert's Rules of Order as its parliamentary authority. Robert's Rules specifies the due process which is required to be followed for a fair hearing and determination of dismissal. Director McAdam received no such due process and was simply railroaded off the board...as was Barbara Brehm!

 

Come on FYI, never let facts get in the way of a board doing what they want to do and then hiding behind their attorney.

 

Oh yeah...stupid me!

 

I don't have all the details, but... Who exactly is this ambulance chaser and who EXACTLY is his client? Is it the RCSC - or is it the individual members of the Board? What gives him the authority to "close" the issue and direct correspondence to his office??!!!?? If the Board denied the request then then that's where 'further correspondence' go. Is RT going to make all this public info?

 

Seems to me that if you're going to allow the board to determine some of these issues (recall petition of a board member) then shouldn't the entire board recuse themselves from making that determination? Now THAT"S a conflict of interest! Of course the particular board member in question should definitely recuse him/her self, but how about their chummy, chummy friends on the board who most seem to stick-up for one another?

 

I'm playing the newbie here....by any chance, does anyone here think that maybe the most recent years' boards didn't have a clue when they were elected/seated that all of this GM-induced sh*t was happening? And that by the time they found out, it was just easier to go along with the flow? Or that some still don't have a clue - like some of the newest directors? BP, you talk about the stuff happening back in the early 2000's when the GM position changed hands; maybe the elected directors didn't have a clue? I'm not defending anyone....just asking.

 

The board has long ago given complete control of Sun City to the GM (current sitting or incoming). Any and all questions regarding bylaws are constantly passed to the GM. WHY do we even have a board if they are not going to DIRECT the GM instead of the GM directing the board.

Does anyone have document stating the GM’s duties and responsibilities? I would doubt that it says anything about the GM describing and explaining the bylaws.

The residents of SC must take back control from the GM.

 

SCR is correct, the day they hired the exiting gm was the day things changed. It took a year or two, but for the first time in our history, they were paying the gm a salary that was substantially more than those early years. Over time board members decided if they were compensating her like they were she must know what she was doing. In return she took on the responsibility of having all the answers. Sadly, the duties are whatever she wants. The documents states she works for the board, i know, stop with the maniacal laughter.

Actually, one of the candidates, Stella, is advocating just that.

 

Since I never got an answer the first time I posed this question, I’ll ask again.

Does anyone have a job description for the RCSC GM position?

 

These don't qualify as job descriptions and the GM 'description' is missing but this is interesting none-the-less. https://suncityaz.org/rcsc/employment/job-descriptions/#administrative