You're Fired!

[punaticbychoice]

Dystopia

[hppwatchdog]

I have been told that the board voted to remove the write-in candidate from the 2015 directors ballot.

Was this done to influence the out come of the vote?

Every member in good standing should have the right to be elected to the board. Say if you were late getting your application in on time, then you could write in your name with a group of your friends and be voted to the board.

It seems to be me a way of manipulating the results.

You be the judge.

[caveat emptor]

Watchdog you are right in your comment and objection if it turns out to be true. I had also heard that, but it seems it was a couple of weeks ago and I don't remember who told me. But, I was waiting to see if it was true or not. If so, this is more unethical action on the part of this BOD. I'm also waiting to hear if some one has heard if the ballots were mailed out in time (or at all). I'm not in one of the districts that ballots should be mailed to.

[janet]

I just checked the Agenda on the HPPOA website for tomorrow's Board meeting (been busy). Found the following interesting item:

"VI. President Report-Ruth Mizuba"

And, at the bottom of the page:

"Ruth Mizuba, President; Jo Maynard, VP;; Janice Ashford, Treasurer;; Francis Ganon; BJ Mullinex, Craig Crelly; Roseanne McLean"


Certainly fits in with the title of this thread.

[caveat emptor]

Janet, that's interesting! How and when did the BOD carry this out without a meeting? Did BJ just resign her officer position and then the rest of the BOD appointed Ruth? I'd like to know how and when this happened because as far as I'm aware the BOD never called for a special board meeting to then go into executive session to carry out this business. Isn't that how it would correctly be done?
And, I don't think Ruth is much of an improvement.

[mermaid53]

There was a special board mtg and exec session this week. The mtg was posted awhile ago on HPP's website.

Apparently the Pres was deposed and the former VP was put back in at the exec session as was predicted after the two board members' resigned. Was told BJ was "served".

The VP was kicked off "for free", not served, but in hindsight her disregard for being deposed legally per our bylaws would've justified being served in her case. Was she still signing checks during that month she was fired? If so, isn't that illegal? A board member told me she didn't like the use of the word "illegal" when people are describing some of their actions, but what else do you call it?

The VP's ousting was for valid reasons yet her board friends' disregard for our bylaws reinstated her. It's unethical to reward someone who disregards our bylaws continually by reinstating her back as VP. She still has many questions to answer to. For starters her involvement w/conflict of interest issues.

Ruth as Pres? I hope she's been studying her bylaw book. Do we have a new board secretary yet?

Right now is when this board needs to know we care about what they do w/our $$$ and that we expect them to follow our bylaws. Please attend the board mtg tonight @ 6 PM and ask questions during owner input. Attendance has been very poor which can appear that most of us don't care.

[janet]

The HPPOA Bylaws (Article IX - Officers) and Hawaii Revised Statute §414D-156 (Resignation and removal of officer) do not specify a procedure or process for the removal of officers of the Board.

If, as mermaid53 states, the action concerning the removal of the president was taken at an executive session, then it is invalid. An executive session can only consider personnel issues, matters of litigation, or matters of attorney/client privilege (Article VIII, Section 9, subsection (d), 1., b.)

Without a specified legislative process, the Board would need to take this action in an open meeting.

"The VP was kicked off "for free", not served, but in hindsight her disregard for being deposed legally per our bylaws would've justified being served in her case."

Can anyone tell me at which meeting the vice-president was removed? If not at an open meeting, she was also not removed and did not "disregard" "being deposed legally".

[mermaid53]

quote:

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Originally posted by janet
Can anyone tell me at which meeting the vice-president was removed? If not at an open meeting, she was also not removed and did not "disregard" "being deposed legally".

---

The VP's removal was done at the April Board Mtg during executive session since it wasn't done during the board mtg itself. I had surmised that perhaps for reasons of embarrassment (?), that "maybe" it was done in exec session instead of a board mtg. Although it has happened in HPP's past at board mtgs. But you are correct that according to our bylaws, this doesn't fit into the category of litigation, client/atty or personnel issues for exec session.

Respectfully Janet, so many other things have gone on that don't comply w/our bylaws that are far worse, all w/out consequences...what do we do? What can we do?

[janet]

The former President (Mullenix) and Vice-President (Maynard) have not been removed. If Ms. Mizuba presided over tonight's meeting it was an invalid meeting.

It has been ten months and none of the Directors - original lineup and new appointees - have yet mastered using the Bylaws. It seems that most of the members are in the same boat. One does not have to memorize the Bylaws. Call them up on a laptop, tablet device or smart phone and bring it to the meetings. A quick search will point out the relevant Bylaw(s) for immediate use.

What members should be doing is calling a point of order at every meeting, every time the Board's actions do not fit the Bylaws. If the Board attempts to conduct unauthorized business in executive sessions, those actions must be called to account at the next open meeting. [While the debates in executive sessions are confidential, the actions (motions, resolutions, decisions) are public.]

At tonight's meeting, as soon as Ms. Mizuba attempted to open the meeting, with a point of order she should have been informed that she was not President and could not preside.

This is not a social gathering or "club". It is a $2.25 million/year corporation. And that is the members' money that could be being mismanaged or misused. Until such time as there is a Board of Directors that can be trusted to follow the Bylaws and conduct all relevant business in the open, it is incumbent on every member to get on and stay on the Directors' backs.

[hppwatchdog]

quote:

---

Originally posted by janet

The former President (Mullenix) and Vice-President (Maynard) have not been removed. If Ms. Mizuba presided over tonight's meeting it was an invalid meeting.

It has been ten months and none of the Directors - original lineup and new appointees - have yet mastered using the Bylaws. It seems that most of the members are in the same boat. One does not have to memorize the Bylaws. Call them up on a laptop, tablet device or smart phone and bring it to the meetings. A quick search will point out the relevant Bylaw(s) for immediate use.

What members should be doing is calling a point of order at every meeting, every time the Board's actions do not fit the Bylaws. If the Board attempts to conduct unauthorized business in executive sessions, those actions must be called to account at the next open meeting. [While the debates in executive sessions are confidential, the actions (motions, resolutions, decisions) are public.]

At tonight's meeting, as soon as Ms. Mizuba attempted to open the meeting, with a point of order she should have been informed that she was not President and could not preside.

This is not a social gathering or "club". It is a $2.25 million/year corporation. And that is the members' money that could be being mismanaged or misused. Until such time as there is a Board of Directors that can be trusted to follow the Bylaws and conduct all relevant business in the open, it is incumbent on every member to get on and stay on the Directors' backs.

---

Spot on Janet-I've been saying this for 10 months now, stay on their backs.

Where's Bill Newman, Leilani, Ken, Skip, Sandra Collins RN, Dave, Mayline, Bruce and the rest of the gang that took out a very well run office and field staff. You guys caused this I hope you're happy with your results.