[Sherlock]

Just curious if it has similar effects as Mad Hatters Disease?

Could explain the email received today regarding the formal complaint against the MAAC board of directors from MAAC member BOB KENNEDY #75764 .....

Just saying... sounds like someone has spent a little too much time in his basement sniffing glue if you ask me!

If you find this thread offensive, feel free to come to his defense. But only do so if you can justify and explain the logic/the story behind Bob Kennedy's complaints.

[Sherlock]

Here is a copy of the email for those that didn't receive it:
"WITHOUT PREJUDICE

Gentlemen,

This email serves to lodge an official complaint against the following members of the MAAC board of directors:

President Claude Melbourne, Don McGowan, Peter Schaffer, Roy Rymer, Kevin McGrath, Chris Malcolmson, William Rollins, Rodger Williams, Steve Woloz, Brad Egan, and Frank Klenk.

This formal complaint alleges:

a. the above named have failed to carry out their Fiduciary Duty by refusing to deal with outstanding allegations against Richard Barlow and Roy Rymer as brought forward by an official investigation in November 2012;

b. they have failed to carry out their Duty of Care as outlined in the MAAC Code of Ethics by not providing the undersigned with answers to questions submitted on 28 March 2013, now outstanding for more than six months;

c. they have failed to carry out their Duty of Care as outlined in the MAAC Code of Ethics by not providing the undersigned with an answer to when his illegally amended resolution would be re-submitted to those in attendance at the 2013 AGM as per para 1(b) of my email dated 21 September 2013;

d. they refuse to acknowledge that the ‘absolution motion’ is illegal as ruled upon by the Chair of the Constitution Committee at the 2013 AGM. Continued questions by board members and citing decisions as regarding the ‘absolution motion’ indicate that the board does not understand that ruling (MAAC ByLaw, 35(5), andCanada Not-for-profit Corporations Act - S.C. 2009, c. 23 (Section 148 (4)).

e. they refuse to accept and comply with by-law 35(5), that nothing contained in a motion can be in conflict with the Act or MAAC specific governance.

f. they have incurred needless legal fees by referring matters to MAAC legal counsel when not required had they known the by-laws. I cite my request for the 6 Dec 2012 minutes as one such example as the by-laws clearly state I was within my rights to request those minutes;

g. they have gone into ‘closed session’ to deal with non-confidential matters, thus denying members with information they have every right to receive. For example, there was no need to enter into closed session to move a motion to remove the rights of members to receive minutes of exec and board meetings. There was nothing confidential about this motion and this is clearly an attempt to prevent members from obtaining the names of those responsible for moving and seconding the motion;

h. they have failed to acknowledge that a mistake was made in submitting the Articles of Continuance to Corporations Canada as part of the transition process to the new Not For Profit Act. Board members should note that I brought this matter to their attention on 23 Sep 2013 and also advised that Corporations Canada had confirmed that membership approval of the Articles of Continuance was mandatory, as stated in the Transition Guide that I provided reference to. However, the board has once again decided to seek MAAC legal counsel guidance in this matter, incurring needless legal expense yet another time. MAAC has an ‘appointed committee’ to act as liaison between MAAC and CorpCan and this individual could have been used to verify my letter. I note that this appointment committee is not listed in the Policy Manual as it is required to be. Further, if the board had taken the time to read the Transition Guide they would have immediately found that members’ approval of the Articles of Continuance was mandatory. This now begs the question, is the action to review the revised by-laws legal in light of no members’ approval of the Articles of Continuance;

i. they have failed to have a knowledge of the governance required to carry out their director duties. For example, despite being advised of MAAC legal counsel’s exact wording on the provision of minutes, they continued to disregard that advice and permitted the President to provide me with false information. In addition, various directors have openly stated that no reply should be given to me (contrary to the Duty of Care), and various directors continue to be unaware of what members’ meetings are;

j. various members of the board are guilty of breaching the confidentiality agreement in a series of emails sent on 7 Dec 2012 to all board members, as well as to a non-board member, yet have not been admonished by the remainder of the board for doing so. Each and every board member, less director Malcolmson who was not a member of the board at that time, has a copy of those emails;

k. certain individuals have openly stated they do not wish to deal with matters of MAAC business as submitted by me. Messr Rymer and Woloz have put that statement into writing, while Director Williams, supported by Director Schaffer have also voiced that any further documents forwarded by me should be referred directly to MAAC legal counsel. These actions are, in my opinion, contrary to the duties required of MAAC directors and should not be permitted. If these individuals do not wish to deal with MAAC business, they should resign their position of director and advise their zone membership to seek a new Zone Director. Basically stated, you are either a director or you are not, you don’t get to select which business you will deal with. I requested that these individuals seek, through the President, their right to make such a request to me and I have yet to be informed. Accordingly, directors Rymer and Woloz will receive this email so they may not claim non-receipt as an excuse; and

l. the board has permitted minutes of the 2013 AGM and several 2012 AZM minutes to be altered without following proper procedure. It is my opinion that this action is in complete disregard of the advice received from MAAC legal counsel. In addition, the board appears to have adopted a policy to change members’ resolutions passed at annual zone meetings. This policy is in direct contrast to the Constitution Committee Remit issued by the chair of the constitution committee. This document states that all such resolutions, if legal, shall be brought before the members for ratification at the annual AGM. Members’ resolutions are the business of MAAC which the board is mandated to carry out and there is no authority for the board to make any change whatsoever. The precedence set at the 2013 AGM, where a motion was called for by the President to approve/reject member’s resolutions based upon the board’s recommendations is also seen as illegal. Members were not provided with any information to judge such recommendations by the board. This precedence should not be permitted to continue at future AGMs.

Board members listed above should note the requirements of the MAAC Code of Ethics, as passed at the 2006 AGM, Part III Administration, Article 2. They are required to advise the remaining members of the board that they are in conflict and shall not participate in any further discussion on this complaint. The above named directors are entitled to be present when discussions are held, take no part in thoser discussions, and are required to excuse themselves prior to any vote.

Should there be any confusion as to why three directors have not been named in this complaint, I shall explain. MAAC by-law 27(1) states ‘the property and business of the Corporation shall be managed by a board of directors,
comprised of a minimum of three directors, and shall include one director from each of the National Organization Zones, and ex officio the President who shall act as the chairman of the board of directors.’ Accordingly, there must be at least three directors to carry out the business placed before the board if other members of the board are precluded from discussion of any matter. Therefore, directors Pantel, Landry, and Hughes have not been included in my complaint in order to permit the board to continue to function in dealing with this matter. My choice of these three members is based solely upon them understanding what a dissent vote means and to apply it accordingly.

I have stated time and again that I have no grudge to bear with the board. However, I have advised at least one director that I would not turn a blind eye to any further violations of MAAC governance. In my opinion, the directors named in this complaint,collectively, have failed not only me, but the membership at large, by failing to act in accordance with the governance that mandates fiduciary management of MAAC corporate affairs.

To Directors Pantel, Landry, and Hughes; you are therefore requested to convene a teleconference meeting, without delay, to deal with this complaint and each and every item contained therein.

Respectfully,

Bob Kennedy
MAAC 75764"

[Richard Lyle Barlow]

I found this quote on the internet.
It might seem relevant.

In Matthew 4 and in Genesis 3 you read Satan quoting scripture. The problem is was in his application of what the scripture he was quoting. He conveniently left out some important context.

[Sherlock]

Sorry Richard... Not really the reply I was looking for either. I take it you've scratch built a plane or two in your time as well?

[Richard Lyle Barlow]

Many times, mostly using yellow glue!
MAAC and its officials exist to promote, regulate, encourage and enhance model building and flying. There have always been those that have made mistakes, and there have always been those that delight in making trouble. The vast majority of errors have been inadvertent and all but a few officials have worked in what they truly believed were the best interests of the association and its membership. No money has gone astray in living memory and the modellers have been well served.
I am not a believer in witch hunting. I believe that the current board is doing the best possible job of protecting our organization and promoting the spirit of what it stands for.

[Sherlock]

Glad to hear you mostly use yellow glue Richard.. You scared me by quoting the bible in your first post.

What I would like to know though is the true story behind Bob's complaints. It comes across to me he has a score to settle... And is trying his best to cause panic and concern over nothing. I could care less if the current board members didn't follow proper procedures during their meetings... I'm thankful to have someone willing to actually go to one... As I have better thing to do with my time.

[Nick Milligan]

Why did you lure me into here with my honest interest in the knowledge of long term CA exposure?

[Sherlock]

I wasn't trying to lure anyone.... Just stating it would be a reasonable explanation for his actions and thus more of a concern to MAAC than the complaint itself...

[Richard Lyle Barlow]

For me to give you the "true story" in public of all that has transpired over the past 30 months within MAAC would be counterproductive and would merely lead to further conflict. If you want to discuss it with me and hear my take on the matter, my phone number is in the white pages and is no secret. The only complication is that you have to check Brockville rather than Prescott as I live halfway between them. My mail goes to the Prescott post office.
Admittedly, my version would be biased by personal experience. So would everyone else's. What I would like to see is all of this bickering and quasi-legal diatribe to stop. Nothing is to be gained from the unpleasantness, and there has been far too much of it. As I said, mistakes have been made. A mistake is what can happen when someone stops talking long enough to try to get something done.
I do not claim to have been perfect. I have made errors. Not one of them cost the association anything other than time and argument. I can claim to have been a fervent supporter of MAAC for over forty-five years, almost all of which involved direct work on behalf of the organization.
Right now, the MAAC executive is dealing with the entire matter. This is a strong and united executive and one that has my unequivocal support. In the past, I have agreed, and disagreed, with all of the executive members, but that is what happens in large organizations when men are passionate in their beliefs
I urge all readers to place their trust in this executive, support all the members of the executive. Let them straighten matters out and then devote their time to what really matters, namely Model Aviation.

[rcav8r71]

Enough of the Witch Hunt Already!
Personally, I would like to thank all my fellow modellers who have been WILLING to VOLUNTEER their time to their UNPAID positions for the continued benefit and betterment of MAAC and the hobby in general.
THANK-YOU folks!
I appreciate your efforts.
Sincerely,
Jon From
MAAC#33190