Truth be told I have been taking a break from making any comment about anything in order to try and recover from the Board’s attacking me. I have been living in relative isolation hoping to move on from what I considered to be a vicious and dictatorial board gone rogue. But alas, it appears Steve Collins wants to attack me some more for filing what he called (twice) a frivolous lawsuit at the May Board meeting that caused RCSC to incur extra fees. Tom Foster’s response was, in effect, well the insurer that dropped RCSC from D&O insurance didn’t say the lawsuit was the reason, but we know it was. He also said during the 2025 members meeting words to the effect that RCSC counsel was highly confident RCSC would recover from me all costs incurred in the lawsuit. But at the May meeting he stated something to the effect of we looked into going after him (me) but the structure of the lawsuit and the way it was resolved made it impossible to do that. You be the judge. I hope to set the record straight herein. The lawsuit was brought in response to the board’s email stating they would not allow members to vote on properly made motions. THERE WAS NO FINANCIAL GAIN FOR ME FROM FILING THAT LAWSUIT. The lawsuit sought to compel the board to allow members the right to vote on these motions BECAUSE THE BYLAWS WERE CHANGED IN 2023 TO MAKE IT PERFECTLY CLEAR THAT THE BOARD COULD NOT DENY THE MEMBERS THE RIGHT TO VOTE. I worked closely with Director Rough on the amendment to make it abundantly clear that the members had this right and he said at the September 2023 Board meeting: “If a bunch of members come up and want to do something the board does not want to do … they have the right to do that ... whether we (the Board) like it or not.” Now on to the current slurry of attacks on me. To President Foster I say I think insurers would be much more likely to provide D&O insurance to RCSC if the board acknowledged their own bylaws and provided a plausible explanation of why they were not following them. I will also note that President Foster gratuitously offered the comment at the annual membership meeting that RCSC legal counsel was (highly) confident that RCSC would recover all costs of my lawsuit from me. According to Google AI this statement, if true, raises serious ethical questions for the attorney that made them. That is a matter for the Arizona Bar Association. Not surprisingly, I could not find the video of the annual meeting online. When will it be posted or am I not technically savvy enough to find it. To Director Collins I say I am deeply offended and hurt by your remarks at the Board meeting (and other actions) and know my reputation has suffered greatly. A frivolous lawsuit is one with no legal basis and is only meant to harass the body or person it is filed against. To insinuate that a retired lawyer with 42 years of practice who has NEVER had an ethical complaint filed against him is suddenly on a mission to harass the board of the community he lives in for no financial gain is, in my opinion, beyond belief. To insinuate that a bylaw amendment YOU VOTED FOR to guarantee members the right to vote on bylaw amendments should be ignored is, in my opinion, a breach of your fiduciary duty. Finally, to my fellow members I say; what I do next is not what I wanted. A man has to do what a man has to do.
