Wilmont Chair Orders Dissidents to “Cease & Desist”
Press Release. SANTA MONICA, CA – (July 13, 2012)—As part of an ongoing dispute about the validity of recent board elections for the Wilshire/Montana Neighborhood Coalition (Wilmont), the current board announced today that it has terminated the membership of a rival group of Santa Monica residents who staged an improper takeover of the June 9 Community Meeting. The board also announced that it has issued cease and desist letters to the splinter group that tried to usurp and control the organization through an unauthorized election of members of the Board of Directors. Among other actions, the splinter group has stated publicly that they intend to take over as Board members at the monthly meeting scheduled for July 16. Acting upon advice of counsel, the Wilmont board has cancelled that meeting. It will be held at a later date.
Several months ago, the Board of Directors of the Wilshire/Montana Neighborhood Coalition (Wilmont) scheduled Wilmont’s Annual Meeting for June 9, 2012. We invited three speakers from the City staff to update our members and answer questions about important happenings in Wilmont and Santa Monica.
We expected our usual Annual Meeting, which would also include elections for members of our Board of Directors, resolutions, and possibly some changes to our Bylaws. We update our membership list just prior to our Annual Meeting to make sure it is up to date. However, Our Membership Director was suddenly hospitalized less than three days before the scheduled meeting.
We were not able to verify—or even get to—membership records in time for an election. Therefore, the meeting was changed to a “Community Meeting” and the Annual Meeting had to be postponed. Our membership and the press were notified that there would be no election on that day and that we would be holding a Community Meeting with speakers.
However, an organized group, apparently backed by powerful interests, had been working to take over our Board of Directors. To do this, they recruited 11 people to nominate and elect themselves to our Board at our Annual Meeting. On May 30, the last date allowed by our Bylaws for such petitions to be submitted, we received their packet of petitions.
This group complains that the Wilmont Board does not consult every resident in the Wilmont area before voting on issues. The majority of this group had never even been members of Wilmont. Most of these candidates had become members only a few weeks before the scheduled Annual Meeting, and have never attended any of our meetings. We have seen evidence of professional organizers working with them.
As those who attended know, this group overwhelmed our meeting, shouted us and our presenters down, and would not let us conduct the Community Meeting. Many regular members left. We adjourned the meeting and attempted to clear the room. Ultimately, they staged an election. They brought their own ballots, with their names on them, and their own ballot box. They created “provisional ballots” until membership could be verified. Most of our regular members left when the commotion started, or had not attended, knowing that there would be no election that day. Most of our Board did not even vote as these were illegal ballots, not provided by Wilmont. This group came to the meeting only to elect themselves as Board members.
Last week, they staged a count of their ballots. Of course, they won their rigged election. Now, they claim to be the “real” Board of the Wilshire/Montana Neighborhood Coalition. These actions are in opposition to our rules and procedures. Therefore, the Wilmont Board, acting on advice of our legal counsel, has voted to terminate the membership of people identified as leaders of this group in the manner provided under the California corporations code and our Bylaws. This group has improperly used Wilmont’s email list and has been sending out emails under WilmontVoices.org and claiming to represent Wilmont.
Wilmont did not want to inflame the situation, or give them “standing” by discussing or acknowledging the existence of their “election” or their ballots. Therefore, we maintained silence to the press until we had legal advice. Our legal counsel has sent letters terminating the memberships of those who acted without authorization and in contravention to our Bylaws and organizational rules. They have been cautioned against misleading the membership, the media, and the public as representing the
Wilshire/Montana Neighborhood Coalition; using Wilmont’s name and confidential membership information; or making false, misleading, defamatory, libelous or slanderous statements against us.
Letters were also sent to organizations we believe are providing support or direction to the group. The Wilmont Board is upholding our fiduciary duties to the organization by not allowing this type of behavior and by taking clear and lawful action in accordance with our Bylaws and the California Corporations Code.
We will have an Annual Meeting and will provide notice in compliance with our Bylaws. One of our concerns is security for all our members and our presenters. We will provide you with more details after the meeting has been scheduled.
Valerie Griffin
Chairperson of the Board of Directors
Wilshire/Montana Neighborhood Coalition
310 486-0753
Statement Made by Wilmont member Reinhard Kargl
First, the embattled, incumbent Board of the Wilshire Montana Neighborhood Association (“Wilmont”) attempted to prevent all
challengers from running in the annual election to the Board of Directors.
When that failed, the incumbent Board tried to postpone the elections to an indefinite date in the future. When that too failed, the incumbent Board tried to declare the election as invalid. When that too met with failure, they tried to prevent the vote count. And now comes another, desperate move reminiscent of the Soviet Union.
After the ballot was counted by an independent, impartial panel and after it turned out that all challengers had been elected, an attorney allegedly representing the Wilmont Board sent a “Termination of Membership and Cease And Desist notice” to all newly elected Board Members. .
http://wilmontrebels.tumblr.com/post/27138828194/termination letter
(shortened link: http://bit.ly/N6fPBi)
According to the letter, the incumbent Board assembled in a meeting not announced to the public. In that meeting, it was decided that all challengers have acted “uncivilly,” have endangered public safety, and have pursued goals not in accordance with the purposes of the organization. Therefore, all newly elected Board members are barred from being members of Wilmont, from being nominated for office, and from participating in meetings.
“The allegations made in the letter are false, malicious and baseless,” says Kargl, one of the newly elected Board Members who have yet to be seated. “They are ludicrous and further
evidence that the current Board no longer represents the wishes of the Wilmont members. If the incumbent Board Members seriously believe they could get away with such blatant abuse like this in the United States of America, they have lost touch with reality. And that’s a mild and polite way to put it.”
The letter also threatens the newly elected Board Members with forced removal from the premises, should they attempt to attend any future Wilmont meetings.
“This is rather astonishing,” contends Kargl. “Wilmont receives public funding and meets on public property. By California law, any member of the public is entitled to attend the meetings.
Should the current Board think otherwise, perhaps one should look forward to being arrested, and then pursue wrongful arrest charges.”
The newly elected Board Members whom the current Board refuse to accept have established a legal fund.
“In addition to enforcing the expressed will of the voting Wilmont members, we must insist on a professional audit of what has been going on with regard to the organization’s meetings, minutes and finances under the leadership of the incumbent Board consisting of Valerie Griffin, Albin Gielicz, Rosemary Sostarich, Diane Krakower, Larry Isaacs, Betty Mueller, Benjamin Steers and Freida Dubin,” says Kargl.
The donation-based fund will help to defray these costs. Donations can be made here:
http://wilmontrebels.tumblr.com/post/27144871915/legalfund
On the Wilmont Web Site, (Wilmont.org), the next public Wilmont meeting is announced for Mon, 07/16/2012 – 7:00pm – 9:00pm, Ken Edwards Center, 1527 Fourth Street, Santa Monica, CA 90401.
Reinhard Kargl
(310) 909-7239
Twitter: http://twitter.com/WilmontRebels
Blog: http:/wilmontrebels.tumblr.com




