[ SHOWGSD-L ] The letter I sent to Lew
- From: ELG440@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Fri, 5 Oct 2007 09:51:30 EDT
So many have requested a copy of this, I am sending it to the List. I did
not mean to make it private, and it was just my opinion as to how things should
be handled within the club. I know that Margy does not agree with my
position, and that is normal between attorneys. It was not any legal
communication, and no one asked for my opinion. As usual, that never has
stopped me from
giving it, (shut up Paul).
When something is sent to 17 people affecting the members of that club, the
members should and must have the right to know about it. I never have believed
that the members should have to be kept in the dark as to any activity of
the GSDCA, but not everyone agree with me.
It is just my opinion, and nothing else, in an attempt to find a solution to
a current problem. It is probably worth exactly what was paid for it,
nothing.
EVAN L. GINSBURG 440 E. COMMONWEALTH
FULLERTON, CALIFORNIA 92832
Bus. (714) 680-3636
Fax. (714) 680-3315
Res. (626) 369-9033
e-mail ELG440@ aol.com
September 28, 2007
LEW BUNCH
13100 WOODLAND AVE.
KANSAS CITY, MO 64146
Re: German Shepherd Dog Club of America
Dear Lew:
I know that you did not ask me to write this letter but a number of Board
members did, so I am offering my help, and my opinion. Feel free to disregard
it if you like, but you know
I support the Board and the club, and I am trying to find a way to resolve
some of the current problems.
I know that you and the other Board members are concerned with charges now
pending against Ken Downing and the members of the Executive Committee, Gary,
Bill, Kris, Carmen and yourself. I have also reviewed and understand there
are separate charges pending against Ken Downing, I would like to make a
suggestion on how to resolve this. I would like to first address the
Executive
Committee charges.
I know that in the matter handled for Margery, the Board decided or perhaps
the Executive Committee, that she would be suspended pending the vote. This
violates the bylaws. Margery was elected by the members and the Board
cannot suspend her, but I only raise that to make my point. The Executive
Committee members are not suspended because charges have been filed. They
were
appointed by the President and elected by the Board to serve as the Executive
Committee, they are Board members and officers elected by the members, and
they
have a right to sit and serve, until charges are sustained against them.
With that in mind, the Board and the Executive Committee are required to
follow the bylaws. The Corresponding Secretary shall notify you of the charges
and you shall set a date for a review by the Executive Committee and the
committee shall consider whether the allegations set forth in the charges if
proven might constitute conduct prejudicial to the best interest of the club or
the breed. The committee, you, Carmen, Kris, Bill, and Gary must make that
determination. Of course, any member of the Committee may either recuse
themselves or abstain from any vote, but I know each of the Executive Committee
members and I know them to be honorable, honest and intelligent club members.
I
would expect they would vote even though it affects themselves. This is not
unlike the election where you and I ran against each other, frankly I voted
for you. I did not withdraw myself because it involved me, the Executive
Committee should be part of this decision as required by the bylaws. They are
not suspended when the charges are filed, and they have a duty to fulfill.
If the Executive Committee decides that the charges if upheld would not
constitute conduct prejudicial to the best interest of the club or the breed,
that is the end of it, that is the decision, and nothing further needs to be
done.
If the committee or the part of the committee that does vote agrees that
the charges might constitute conduct prejudicial to the best interest of the
club or the breed, it shall notify the Corresponding Secretary who will then
notify the Board of Directors of a date and place selected by the Executive
Committee for a hearing by the Board or by a committee of not less than three
members of the Board appointed by the majority of the entire Board. That
shall
be not less than three weeks or more than three months after the date the
charges were filed. At the hearing by the Board or the committee of the
Board,
(if the Board elects a committee), the charges should be heard, the members
of the Executive Committee should be there to discuss them, defend them, and
vote on them. The Executive Committee is not suspended. You, Gary, Kris,
Carmen, and Bill should vote. You each may if you decide to do so, abstain or
recuse yourselves, but you have a right to vote. As honest, intelligent and
elected members of the Board, the members have a right to your vote, and you
should vote your conscience and your belief on the charges.
I do not believe that can be done at the Annual Meeting, since the order of
business is set, although I suppose it could fall under New Business.
Once that is determined by the Board, that is the end of the charges.
I would then like to address the charges against Ken Downing. Again, the
Executive Committee should consider those charges and make a determination if
sustained if they might constitute conduct prejudicial to the best interest
of the club or the breed. The club is the German Shepherd Dog Club of
America, and as I recall, the charges they effected the WDA, not the GSDCA.
The
Executive Committee may then decide that the charges would not be prejudicial
to
the GSDCA and that is the end of it. If the committee decides that they do
allege prejudicial conduct, then they must notify the Corresponding Secretary
who will follow the procedure to set a hearing by the Board or a committee
appointed by the Board.
I know there are some that would argue that since you suspended Margery
before charges were upheld, you should do the same with the Executive
Committee
but that is not correct. Even though it was done incorrectly with Margery,
it should not be done incorrectly with the Executive Committee.
If you will recall when there was a problem alleged between Bill and
Schutzhund U.S.A., I suggested that the Board ask Bill to resign, that Bill
should
decline, and that would be the end of it. It was an easy solution and it
insulated the club, it followed the bylaws, and it accomplished two things.
First it made it clear the club did not support the actions taken, and second
it allowed Bill to go forward and continue to serve with such dignity and
dedication that he has shown throughout, and was the right thing to do even
though not particularly attractive to either me or the Board. But, by
following
the procedure, the problem was resolved and in such a way that no complaints
could be brought.
In this case, (the charges against the Executive Committee and the charges
against Ken), I personally would like to see all of these charges, the ones
filed against Ken and the Executive Committee just â??go awayâ?? but what I
would want or what I would desire is irrelevant. You as the board have to
follow
Article 7, Section 2 of the by-laws, and you must do it as required. By
doing it as indicated, the charges can be upheld, they can be stopped at the
Executive Committee level, or they can be overturned before the Board or a
committee elected by the Board. They might also be upheld, but that will be
decided by the committee and/or the Board depending on how they are handled.
If anyone does have a question or wants to discuss this, of course I am
available to do so. I promised a number of Board members who asked me that I
would send this letter, and I am doing so as a practicing lawyer who has
litigated many corporate cases. In a number of the trials I have been
involved in,
they included corporations who were in violation of the bylaws, and I am
well aware of the consequences. Please think carefully and move with great
caution, but do so as required by the bylaws. In that way there can be no
criticism or complaint that you have ignored the club by-laws.
At this time, as the year comes to the end, it is important to deal with
these issues. I am aware of the letters that have been sent to the AKC, and we
need to make sure that as much as possible the clubâ??s issues are handled
internally and that there be no question that we are prepared and able to deal
with our own problems. That will be the only way to protect the GSDCA, and we
do
have the ability to do this.
If you do have questions or want to discuss this, I am available to do so
at any time for any of the club members.
Best regards,
EVAN L. GINSBURG
ELG:
cc: Other Board Members
Evan (http://www.asgardgsd.com/)
Asgard German Shepherds
http://www.asgardgsd.com/
Where Type Movement and Temperament come together
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