Lawsuit Update - After Members Meeting

I was very proud of our members last night as over 1,700 came out to be told again they would not be allowed to hear, discuss, make or vote on properly made motions to amend the bylaws.

I was taken aback by President Foster’s comment relaying the lawyer’s opinion the plaintiff (me) would end up paying the RCSC legal fees. There is no question RCSC has almost unlimited amounts of money, some of it from me, and could seek to bankrupt me with legal fees. In my lawsuit, I am representing myself even though the issues involved affect all members and did not request an award of attorney’s fees or any other monetary award. I offered on numerous occasions to meet in order to avoid litigation and discuss this matter with the attorney and/or the Board to see if there was some kind of middle ground. There was never a reply.

The issue involved in the lawsuit is simple – Do the current RCSC bylaws allow members to vote on amending the bylaws? I read the bylaws (several hundreds of times by now) to say members and the Board share responsibility for amending the Bylaws and if there is a conflict between what the Board wants and what the members want, the members prevail. The corporate attorney apparently argues that the bylaws say members motions to amend bylaws are only recommendations if they relate to the business affairs of the corporation and, by the way, all matters relate to the business affairs of the corporation. So, does this mean the members only get to vote when the Board allows them to vote?

I offer my apologies for this unfortunate situation and hope the members understand that the members’ right to vote is very important to me. I need to see this through to the bitter end. I will not react to the threat of being held liable for attorney’s fees that I tried in vain to avoid in the first place. If the GM, Board and Attorney want to make me an example of what can happen to you if you ask the wrong question, so be it. The board lawyer will make money no matter who pays him. That is just a fact and does not in any way suggest he would purposely create controversy just to profit from it. For him it is just business, for me it is the right to vote in my community.

What can you do? Write the board to express your opinion on whether you think the right to vote is important to you. Their e mail addresses are as follows:

tfoster@suncityaz.org
cnettesheim@suncityaz.org
crichtmyre@suncityaz.org
aborski@suncityaz.org
scollins@suncityaz.org
jbressett@suncityaz.org
pkise@suncityaz.org
rgray@suncityaz.org
jrough@suncityaz.org

 

John,
What is the case number for your action as I would like to review the action thus far. Also, has the RCSC filed an answer and has there been any formal court hearings? The last question would be answered in the file.

Nice presentation last night and I was shocked when Tom Foster said they would collect attorney’s fees. I believe he should have said that if RCSC were to prevail, we could request fees and expenses, but that is obviously left to the court. I am going to cut Tom a bit of slack on this as he is not knowledgeable about the ins and outs of litigation as both you and I. I am going to mention this to him at the BF&A meeting next week. I find sending an email a bit impersonal and I am sort of a people person on legal matters, especially if they are unfamiliar with litigation.

Best Regards,

Dave

 

Sorry Dave, no slack cut on those remarks for Tom. It was simply tacky to single John out for questioning whether the board was following their own bylaws and Articles. It was poor form at the very least and insulting to a member who made several good faith efforts to address his motions beforehand. I didn't agree with some of John's motions, but that's wholly different than telling those in attendance and watching they were going to get him for trying to hold the organization accountable for their attorney's actions/decisions.

 

As I said in another thread, the comment made was in bad taste, and frankly, shows no class. I might not agree with the sentiment of suing, but to make such a statement in a setting such as it was, shows complete lack of understanding for the need for such actions. Had the board been willing to be communicative with you and offer to discuss the matter, it would have never come to this. Severely disappointed by the comment made .

 

Bill,
You might be correct, but John should never said that he is a lawyer. He is not. You can only call yourself a lawyer or attorney when you pass the bar exam. He has not taken the bar exam in either in Ohio where he earned his JD or in Colorado where he conducts his business. He does hold an MBA and I believe he is a CPA.

I believe now I would have trouble calling myself a paralegal as I do not hold a paralegal certificate. The reason is there was no paralegal school or certification when I worked for legal aid in the 70’s. The American Bar Association and groups of attorneys were still discussing the necessary course work and length of time for the course work for certification. This is why I always preface my work as a paralegal happening from the early to mid. 1970s.

 

Dave, you would probably have no way of knowing but I was admitted to the Ohio Bar in the January term of 1981. I was also admitted to practice before the 10th Circuit Federal Court of Appeals.

 

Aha! As I have read your comments and other posts, I had a feeling you were indeed an experienced attorney. Now I feel rather incompetent for having written so much about the other cases. I was a paralegal part time, thinking I wanted to transition full time to law, and abandon the telecom industry. As I stayed in the legal profession, the more I realized that the industry isn’t quite as ethical as I thought it would be. The final straw came when I heard opposing attorneys discussing a case, coming to an agreement as to the outcome, and the plaintiffs were not anywhere in sight. I could just imagine the attorney telling the person to accept this outcome as the best possible solution. I saw this interaction as a sellout of the client, a pile of money for the attorney and an a breach of attorney/client agreement. The cases I heard discussed in the hallways were things a casual observer should not have heard. I called it the dark underbelly of the profession and I wasn’t interested in staying in the profession.
I admire your honesty, courage, and talent. Thank you for sharing.

 

John,
May I ask, since you didn’t receive a response on the court petition, would it make sense to just withdraw the action? I don’t want you to try to face this matter alone, and it appears there could be a plan afloat to make this action a case of setting an example of what happens when you try to challenge the RCSC in court. Of course, the case would not have gone to court if there would have been open dialogue surrounding this matter. Just asking because I would like to know.

 

Why didn’t this information show up on the registered attorneys on the Ohio website? Did you non renew your license because you relocated to Colorado? It is common to do that as several of my friends have let their licenses lapse. Just asking.

 

Wow I look at his old FB Page and you would have thought I committed a crime. Dave digs way back to the 1980's to see your law license and that's ok. Good luck John.

 

As usual, you state the current situation incorrectly. I, and many others looked up John when he was running the Board a few years ago. His resume stated he had a JD from from university of Toledo. Now, it is standard practice after receiving your JD you study for the bar exam. If you pass you are sworn in by a judge usually in a mass ceremony. You are also listed on the State of Ohio list of licensed attorneys and probably the Ohio State bar. Now, you have to renew you license annually, I believe, and also take continuing education classes for a valid renewal. It was the same with my Illinois State Insurance Producers license.

When John was running for the Board, myself and several others could not find him listed on the Ohio nor Colorado list of l8censed attorneys. That led me to believe he was not an attorney. My mistake sort of, while John states he was admitted to the Ohio bar in 1981 along with Federal Court, he did not state all this information is current or put this way, is your law libpcense current? Makes a big difference then and now.

 

https://www.lawyers.com/akron/ohio/h-john-fast-1417899-a/

That's because his first name is Harold. I checked him out when he was running for the board.

 

Thanks Emily.

Nevermind - Emily Litella

I miss Gilda and the original gang!

 

I and others used the original name.

 

I must have been a boring Google search!!
Jean

 

You are who you say you are. No hidden inside or outside agendas or activities that could interfere with your ability to make decisions that benefit all the members.
There have been only 2 candidates in the past 12 years - one at SCHOA and one for the RCSC who sent up red flags to me. Turns out I was right about both. But one other also slipped under my radar.
You are kind and detail-oriented. The worst thing I could have said back then was that you were too trusting.

 

Dave, I did not graduate from the University of Toledo Law School. I graduated from Case Western Reserve University in Cleveland Ohio. My diploma which sits right in front of me states "On the recommendation of the Faculty of the Franklin Thomas Backus School of Law The Trustees of the University have admitted Harold John Fast to the Degree of Juris Doctor. Given at Cleveland Ohio May twentieth Nineteen Hundred Eighty-One." I earned the right to be a lawyer while others simply pretend to be Perry Mason. IMHO you are treading on thin ice.

 

I am not even close to being Perry Mason, he always solved his cases in an hour or less.
I never doubted your credentials. The reason being your writing style and skills. You know how to write in a way that is clear and concise, staying to your topic and the tone of your writing indicates your even demeanor as a person of integrity. Someone of great skill who has taken the time to learn great writing abilities, is always someone to admire. The ability to communicate using the written word in a manner which is informative and engaging is a great skill and you displayed yourself a master of such technique.
I thank you for placing yourself at the forefront of an important issue and tackling it head on. I, for one, appreciate your honesty in your decision to move forward with this action and keeping all of us informed.

 

John, I stand corrected. You received your BA and MBA from U of Toledo, correct? Case is a good school, the wife of one of my best friends graduated from with a BA and JD.

That law license up to date in Ohio?

 

Why does it matter if Mr. Fast has his law license up to date in Ohio? I don't need to know. Why do you?