10/15/2022 11:42:50 AM
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Section 5: OPA Board Subject: Court Finds for Janasek Msg# 1173567
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The judge ruled that the elected OPA Board of Directors could not ban an association member in good standing from an amenity. If the board lacks this authority, how can employees or contractors of OPA exercise such authority, given the current state of the governing documents, whether the ban is for an hour, a week, or 90 days? How can employees at our business venues know if any individual is a member in good standing since that now seems to be a key issue in any action initiated against patrons by an employee or employee of a contractor supervised by the GM?
Joe -- You're seeing some great problem here where there is none. The Board had never before banned any member from amenities for conduct reasons. Ever. In all the years the OPA has owned and operated Food and Beverage amenities. And all has been fine, for all of those years, in OP. In all of those years, I'm certain rowdy OPA members have been effectively dealt with by facility management, many, many times (i.e., have been shown the door when appropriate). Nobody has filed any case over that, and nobody will. The OPA Board has never needed to become involved in member conduct at amenities in the way they selectively (and unnecessarily) chose to with Tom. And all has been perfectly fine. There is no crisis or awful consequence here for the OPA or its amenities. The import of the Judge's decision is, narrowly, that the Board majority couldn't do what it chose to do in this instance, and was acting in bad faith in this instance. That's all. The sky will not fall in OP because of that ruling. Things will keep humming along at the Yacht Club just as they have forever, and just as they have in the 5 months since May 20th. The OPA doesn't need, and has never needed, the type of Board member action that caused this lawsuit to be filed, period. |
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For reference, the above message is a reply to a message where: Joe - At issue in the case is not whether Bar/Restaurant management can deal with disturbances at the time they occur, even involving OPA members. That's been happening forever and will always happen. Well, I am the civilian in this discussion but perhaps you can help me understand. The judge ruled that the elected OPA Board of Directors could not ban an association member in good standing from an amenity. If the board lacks this authority, how can employees or contractors of OPA exercise such authority, given the current state of the governing documents, whether the ban is for an hour, a week, or 90 days? How can employees at our business venues know if any individual is a member in good standing since that now seems to be a key issue in any action initiated against patrons by an employee or employee of a contractor supervised by the GM? The case just isn't about what you seem to want to make it about. As far as whether the Board or the GM could take action in the future as to, for example, some repeat offender/problem OPA member (Tom isn't in that category), I think there are ways for that to occur properly, but it's not my job to map that out. Fair enough. However, the issue of how OPA can "properly" take action in the future to ban any individual doing, for example, what was reported in the eyewitness report, while not your job, is now THE issue. |
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