1/10/2013 1:01:19 PM
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Section 5: OPA Board Subject: Board Still After Clarke Msg# 848594
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Joe,
I made this inquiry, not that a "certain" director would be interested. But, its a strategy I'd consider-- finding myself in his/her situation. as info. MHA is Maryland Homeowners Association... just sayin'... I know you knew this. Dear MHA, Apparently, there is a move afoot, by some members of our HOA's Board, to vote a certain director off the Board. Question: If the subject director suspects that the 'closed meeting' is being conducted to discuss the future of his/her position on the Board, is it lawful for the director to attend the meeting and RECORD the proceedings? In the case that multiple issues are discussed, may the subject director RECORD only that portion of the meeting pertaining to him/her? Thank you, Bob Cherry |
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For reference, the above message is a reply to a message where: During public comments at today's board meeting I asked if the closed session for discussing "personnel" to follow would involve discussion of a member of the Board of Directors. OPA president Tom Terry said he would address that when calling for a vote on the closed session. Anyway, when the time came, Terry read a long winded, rambling, nonsensical explanation as to why the board was investigating director Marty Clarke. However, he did not mention Clarke by name. Terry tried to get an automatic vote to go to closed session but Stevens and Clarke called for discussion before the vote. Stevens stated that Terry's statement "... was not a fair representation about what has been going on." Clarke said he would not attend the closed session, and if the board had any issues with him then he would discuss them only in a public board meeting. Terry replied that he had not mentioned Clarke's name. Clarke responded with something like, "Right. As if everyone in the room doesn't know you are talking about me." Terry appeared especially disturbed by all this. The board then voted to go into closed session with Terry, Stachurski, O'Hare, and Mohr voting YES, and Stevens, Unger, and Clarke voting NO. Word is that O’Hare is now really leading the charge against Clarke. However, when asked, she said she was just following the advice of OPA legal counsel Joe Moore. One thing you can make book on… Moore probably never told any board member there were firm, legally justifiable grounds to remove Clarke “for cause,” as required by the by-laws Beyond all the political nonsense, there is no way, as I see it, this board will have the five votes, as required by the by-laws, to remove Clarke. If anything, the private meetings are no more than a private venue for four board members to hopefully convince Ray Unger to join them in a vote to remove Clarke. Hopefully, Unger is too smart to fall into that trap, especially with his announced plans to run for County Commissioner. All in all, the four directors pursuing this are on a witch hunt and spending thousands of dollars of association member money in the process. Without a doubt, this is perhaps the worst example of petty, schoolyard nonsense I've seen by board members in over 20 years of board watching. Clarke may be outspoken on OPA politics, but he was elected twice by sizable numbers of association members. |
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