11/21/2015 12:05:02 PM
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Section 5: OPA Board Subject: It Was Embarrassing Msg# 937086
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Here is where Bill Cordwell begins his comments about whether board president can appoint an advisory group without board confirmation, and the discussion then goes on for some time.
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For reference, the above message is a reply to a message where: It was Embarrassing commentary by Joe Reynolds By the end of the OPA board meeting on November 19th almost all the original few in the audience had left, perhaps in disgust. What went on was a text-book display of adults acting like second graders in a yelling match about whose father was tougher. OPA President Pat Renaud did nothing to stop the too frequent yelling and discord among various board members. At one point he even entered the fray. The meeting was one of the most disgraceful I can recall in over 25 years. It began with the first old business item on the agenda when Director Tom Herrick asked for a discussion about how three board members were appointed to deal with golf management firm Landscapes Unlimited, and if the board president had the right to do so without board confirmation. Long story short -- months ago Renaud appointed himself, Cordwell, and Director Tom Terry to deal with LU in developing a business plan for the golf course. Some board members say Renaud did not ask for required board confirmation of those appointments and never even told the rest of the board. Speaking immediately after Herrick raised the issue for discussion, Director Bill Cordwell launched into what became a long, red-faced diatribe about the selection process that brought LU to Ocean Pines earlier in the year, complaining his integrity had been questioned in a local newspaper. At a prior meeting Stevens questioned those appointments without board confirmation, also noting that two of those appointed to deal with LU, Cordwell and Terry, had opposed hiring LU. Cordwell was an outspoken critic of hiring LU, even suggesting OPA look into what he said were accusations of their "poor business, legal and personnel practices and financial improprieties." Now Cordwell says he wants to help them succeed. Apparently anyone surprised about his currently expressed desire for LU success is questioning his integrity. At today's meeting Stevens again maintained the OPA by-laws require board confirmation of appointments by a board president. Director Cheryl Jacobs disagreed with Stevens. Reading the by-laws, it appears Stevens is correct. With regard to any "appointments to committees or advisory bodies," the by-laws state: "Chairpersons and members shall be members of the Association eligible to vote and shall be appointed or reappointed by the President, with the consent of the Board of Directors." Regardless of the by-laws, common sense, respect for all elected board members, and good management should dictate board confirmation of such critical appointments. Those appointed represent the board, not the board president. The argument over the LU advisory appointments raged on among the board members, with most of the argument coming from Cordwell, Terry, Stevens and Collins, with absolutely no control by the board president. The only board member without much to say was Tom Herrick, perhaps in shock to see his simple request for a discussion turn into a verbal version of a bar room brawl. It was ugly. At one point Director Jack Collins asked Cordwell about LU's business plan and Cordwell's dealings with LU as board liaison to LU. Cordwell strongly denied he held any such liaison position, and General Manager Bob Thompson said Cordwell was correct. More loud arguing continued. Cordwell was correct. However, the confusion for Collins, Stevens, and perhaps others, was caused by what the GM previously said at the October 29th board meeting. At that meeting when Stevens asked about the LU business plan and why the GM had not provided it to board members, the GM replied that he had given the plan to the "board liaison, Bill Cordwell." The GM's comment at the time was clearly intended to suggest it was then Cordwell’s responsibility to provide it to other board members or that by providing the plan to Cordwell, the GM had done his duty to the entire board in that regard. In all the at times loud dispute over the issue of whether or not Cordwell was somehow the liaison to LU, the board overlooked the fact that it had just earlier approved the minutes of the October 29th board meeting. Those minutes contained the following sentence: “Mr. Thompson stated he has given that (LU business plan) to the Board Liaison, Bill Cordwell, but can certainly make copies for the rest of the board.” So, the board approves minutes quoting the GM as giving LU’s plan to board liaison Bill Cordwell, then listens to Cordwell vehemently deny he is any liaison to golf or LU, and the GM agrees with him. You can't make this stuff up. Cordwell denies he is any liaison to golf or LU just minutes after he voted to approve prior meeting minutes where the GM referred to Cordwell as the liaison. If Cordwell has a gripe over the liaison question, it should be with the General Manager, not fellow board members. In the end Stevens had his way with the issue of board confirmation of appointments. One might say he won the battle and lost the war after the GM suggested a motion to Renaud. Renaud then made the suggested motion to appoint himself, Terry and Cordwell as a committee to deal with LU. As everyone in the room already knew, the motion passed with Renaud, Terry, Cordwell, and Jacobs voting YES; Stevens, Collins and Herrick voted NO. Stevens then made a motion to invite LU to a public board meeting to discuss their proposed plans for managing the golf course. Almost strangely, given the intensity of the prior discussion, it passed 5-2, with Jacobs and Cordwell in opposition. In a related golf vignette, after Jacobs asked Bob Thompson for an explanation of a golf related financial number, Collins then said, "Let me, maybe, just educate Cheryl a little bit." He then provided some good information. However, his perhaps unintentional but somewhat condescending, lead-in comment certainly did not endear him with Jacobs. In other matters, the board clashed strongly yet again over budget guidance it will provide to the GM. This time the friction and arguing was as much semantical as instructional. The board also resumed what has become an ongoing nonsensical discussion about what it can or can't do about trashy properties in violation of the Declarations of Restrictions. One property in question is clearly in need of some trash removal and other maintenance. Reports indicate the home may be abandoned. Issues with this location go back perhaps a decade, some involving court action by OPA and threats against inspectors. The GM continues to mislead the board about what can be a fast tracked violation and the board continues to fail to read its own resolutions on fast tracking violations and the GM's involvement in those. Fast tracking, contrary to what the GM told the board, can be done in cases other than those related to health and safety. Tom Terry seems like the only board member to have a modicum of understanding on this issue. Board meetings have become battlegrounds, not deliberative management meetings. There is little or no following of Robert's Rules. There is little or no real understanding of the Declaration of Restrictions, bylaws and resolutions. There is little or no real understanding of the Maryland HOA Act. Similar questions go unresolved meeting after meeting. A good start to cease the nonsense at board meetings might be for the OPA president to begin exercising even a little control and use Robert's Rules as required by our by-laws; and perhaps, most important, resume the historical practice of having legal counsel attend all board meetings. During forum discussion of the meeting, association member Ed Moran wrote, "Were I on this board, I would insist that Joe Moore (OPA counsel) be present at these meetings. These people cannot be trusted to conduct the association's business intelligently. They seem to have no conception of the by laws or if they do, they violate them at their convenience." Past OPA President Bill Zawacki wrote, "The performance of the Board President with respect to controlling the meeting was appalling. He should take the time to read Robert's Rules of Order and OPA Resolution M-02." Anyone who thinks some new level of comity arrived with the board election last August is sadly mistaken. Things are not only worse than last year, they are worse than in decades. One four-three board majority was replaced by a different four-three majority. Three open seats will be up for grabs in the election next August.
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