11/20/2020 12:18:19 PM
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Section 5: OPA Board Subject: Board to Dump Janasek? Msg# 1104423
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Here's what the bylaws say about the board removing a director:
(b) A Director may be removed for cause by a two-thirds (2/3) vote of the entire Board of Directors provided the Director is notified of the proposed action and granted an opportunity for a hearing at a regular or special meeting of the Board of Directors prior to final action. (c) As used in this Section, "cause" includes (but is not limited to) absence from three (3) consecutive regular meetings of the Board without sufficient justification, being more than sixty (60) days delinquent in payment of any charges due the Association, or as provided in any Resolutions adopted by the Board which govern a Director's conduct. |
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For reference, the above message is a reply to a message where: Board to Dump Janasek? commentary by Joe Reynolds It is official. OPA General Manager John Viola has filed ethics charges against OPA Director Tom Janasek. On Friday 11/20/2020 at 4 pm in the Assateague Room, the OPA Board of Directors will hold a public hearing on the charges and possible vote to remove Janasek from the Board of Directors.. A number of usually reliable sources indicate OPA General Manager John Viola is not getting along too well with board member Tom Janasek. The relationship has soured to the point that Viola more or less threatened the board that he may leave his position as General Manager if the board does not vote to remove Janasek. The agenda for the 11/18/2020 board meeting contained an item for a closed session to discuss an "employee complaint regarding director ethics and conduct." Apparently the complaint was made by Viola against Janasek. When announcing the topics for the closed session, director Colette Horn mentioned that if an issue was not resolved during the closed session there would likely be a public hearing on Friday at 4 pm in the Assateague Room. Horn also mentioned that the board had consulted legal counsel on the issue and counsel advised the bylaws require a public hearing to take the action the board might decide to take, thus essentially confirming that the issue was the removal of a board member. The closed session discussion went on until around midnight. Janasek is said to have asked for any public hearing to go beyond Friday so as to allow association members to become informed about the charges and issues involved. Word is, the board said no. Any public board or GM complaints about Janasek are unknown. However, sources say Janasek has talked about how much time Viola spends golfing or at the clubhouse during working hours. Sources also say Viola and/or the board are concerned that Janasek is too supportive of Colby Phillips, a possible Viola replacement. Interestingly, Janasek has not been publicly vocal on OceanPinesForum.com or any local newspapers with any complaints about the GM or the board. Given the strong support of Viola by most board members, Janasek may well be removed from the OPA Board of Directors on Friday. The applicable board resolution B-08, 4 stipulates that the board may consider "remedies including but not limited to removal from the Board for cause. Lesser remedies may be considered for violation of Ethical Standards." It seems inappropriate that the board would rush this public hearing with only about 24 hours notice. One might say the board's action in rushing this to a public hearing is itself unethical and a violation of the Director and Officer Ethics and Conduct resolution. |
Calendar |
Special Board Meeting - Board Room
11/21/2024 - 7:00 P.M. 3 days or less away! |
OPA Board Meeting - Golf Clubhouse
11/23/2024 - 9:00 A.M. 3 days or less away! |
OPA Board Meeting - Golf Clubhouse
12/21/2024 - 9:00 A.M. |
OPA Board Meeting - Golf Clubhouse
1/25/2025 - 9: A.M. |
OPA Board Meeting - Golf Clubhouse
2/22/2025 - 9:00 A.M. |