Radio Free Registry

[S.J.Szabo]

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[S.J.Szabo]

[Bill Sampson]

From one of the Registry's leading legal scholars, which I find amusing (humor is, of course, in the eye of the beholder): Impoverished collector Porsche owners seek free legal aid:
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Charlie White
Post subject: Re: informations on Frederik Ballot in Phoenix AZ ?Posted: Sun May 05, 2013 10:59 am
356 Fan


Joined: Fri Mar 14, 2008 11:12 am
Posts: 2465
Earlier in this thread, I called for some legal action, any Phoenix area 356 Porsche enthusiast lawyers willing to lend a hand, pro bono? I can't believe no one can help!

CW

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Charlie White
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See: http://porsche356registry.org/356talk/1/29051.html?p=187464#p187464

[S.J.Szabo]

Well, the Club is not picking up the tab on that one. In fact, this issue points clearly to the central flaw in the whole lawsuit thing. If the Trustees were personally responsible for defending what They had personally done, I believe that They would have simply handed over the documents as Ohio law requires and the suit would never have happened. As it is, the Leadership are free to spend the Members' money fighting over the undefendable.

[Bill Sampson]

My best guess (and I don't have the policy(ies)) is that the Trustees paid their deductible already to defend Steve Heinrich's highly meritorious (in my opinion) lawsuit. Once the deductible is paid the carrier(s) is/are PROBABLY picking up all the fees.

The Trustees have filed a counter-claim against Steve. A counter-claim is a suit by a defendant against the plaintiff who sued him/her or it. The Trustees as a group seem to me to be the sort of people who, based upon their past bloviations, view ANY lawsuit as frivolous. They must have made an exception for their suit against Steve H. I have no knowledge who is paying the legal fees and other costs involved in prosecution of the counter-claim. Members may wish to inquire of the Trustees as to who is paying for the counter-claim. Is the counter-claim frivolous? That is in the hands of the courts.

Steve H's suit names only 356 Registry, Inc. as a defendant, not the trustees as individuals. The Registry's counter-claim is against only Steve H. The counter-claim is available on the Franklin County court web site. It (including the answer to Steve's complaint) is 15 pages - if possible I'll edit this post later to include a link for those interested in attempting to absorb 15 pages of the Registry's allegations against Steve.

There is always room for some humor although this stuff is truly serious. The Registry counter-claim includes this statement in paragraph 55: "Also on or about October 15, 2012, Plaintiff [Steve H], among other matters, published a statement in a posting to the Samba community concerning 356 Registry, Inc., stating 'I just noticed that Cliff is back on the Registry Forum with yet another set of misreprentations. (sic) It is now laughable. Go take a look.'"

For some reason the Trustees have now conflated (ratified?) in a formal court filing, the bleatings, accusations and attacks of and by "Cliff" with the Trustees' and the Registry's purported good names and reputations. I'm not sure whether to laugh or cry. I report. You decide. [A former Registry moderator chastised a member because while toying with that member the moderator believed that conflate was a dirty word]

Anyone who really wants the 15 page document containing the counter-claim please email me and I'll send it to you in pdf format. Use: mondokook-RadioFree@yahoo.com

Yes, the opinions if any here are mine alone.

[S.J.Szabo]

Let us imagine that a level-headed board (not packed by the current Trustys) sympathetic to the Members' needs has been elected (I know, but it could happen).

Now, admitting that their plates would be pretty full trying to straighten out the plethora of consequences of mis-management (the agenda for which will be a good topic of discussion) and the need to actually bring the conduct of the Club in to line with Ohio/IRS requirements, I can't help thinking that some carefully chosen actions could go along way to re-establishing the trust that the current/past Trustees have arrogantly squandered in pursuit of Their own agendas.

And I think perhaps that the right move could also re-affirm the idea that the Members are the Club, not the magazine. With this in mind, I would suggest that a thoughtful tweaking of the ByLaws would make an excellent start.

Of course, the introduction of term limits is one of the low-hanging fruits.

I also think that the striking of the phrase "in Good Standing" in the Member section is an easy no-brainer (see notes above).

Adding a requirement for an annual third-party audit would also instill confidence in a newly-required annual budget that must then be put before the Members for approval.

Reaching higher up the tree, one might hope for a codification of Members' rights. A mechanism of binding referendum for any issue of import leaps first to mind here. This would go a long way toward achieving a re-distribution of power too long concentrated in too few hands, a condition, we have learned, that is "inimical to the best interests of the Club".

Then there is the issue of "re-call"....

What else?

[bbspdstr]

OK, while attempting to not cross-post...let me try to engage others beyond the predictable few (who do make good points)and see some of the 100+ who have viewed this thread toss a few ideas, thoughts or opinions here. Let me try this:

How many have read the latest issue of the Registry magazine, seen the ideas of the trustees for posting minutes of meetings, financial information, getting disgruntled members back in the fold...oh, and an audit.....and realize those were some of the ideas that most of "us" posting here and formally on The Samba, thought would be beneficial to the club?
How many realized those ideas got "us" labeled as "accusers" and "attackers"?

Anyone?

[356JAGER]

DELETED

[Manolin]

Grievous wolves...havoc in the flock?

Thank you for the shepherds who have stepped forward while the sheep graze.

[Bill Sampson]

Speaking of havoc see if you can find a rose amongst the thorns on this fresh photograph of miscreants, malcontents and misfits taken today at Jack Staggs's 40th anniversary of the opening of his shop. Oh yes, besides the above Complaining Clown and Liberal Twit Inimical Bill was there.








Help Justin, I don't know how to "turn" the photo 90 degrees.
All set Bill. Photo must be sideways in your file,I just copied and turned it. Congratulations to Jack on an impressive mile stone! Wished I could have been there, gonna try and make it to Dana point this year. Thanks for posting! Justin

[356JAGER]

DELETED

[S.J.Szabo]

You cut quite the dashing figure there Mr.Sampson. And I did not know that "inimical" was so pink.



I hope Mr.Baker will forgive my taking the liberty, but as his always clear and cogent comments get to the heart of what "Radio Free Registry" is about, I have reproduced them below.

Mr.Baker wrote:

"Here's what I cling to;

1) Term limits can be a negotiated, voted upon and entered into Bylaws changes. Nothing says those who have been trustees have to leave the club or stop helping, but they really should be more open about what exactly they do to deserve to hang around forever. For instance, I proposed that Vic Skirmants could be the Tech honcho and Joe Johnson could be the IT honcho and neither had to be a voting trustee to hold those respected positions or miss a step with a grateful membership.

2) members who really care can attend a real trustees meeting, not just a Q&A. (A Q&A is a good start, but not enough insight to what Col.Dunn told me is "merely housekeeping, and who wants to sit in on that?") I do, sir.

3) real financial statements, real P&Ls. How bad can they be even right now? (a question open to speculation due to the secrecy surrounding the complete financial affairs of the club)If they opened up and showed some indiscretions in where money was spent, I doubt no more than an "Oops, I guess we better not do THAT again, sorry" would suffice.

4) available agendas before and minutes after a meeting posted in Members Only for those too far away or only mildly interested occasionally in what business is involved in running the club. We are well aware how real business is done, so the emails and phone calls that just may be how the 'more interesting' part of Registry management does it's thing...... will never be known.

The club needs to hit the "refresh" key and start again with the best of lessons learned and divestiture of the bad business practices, habits and mistakes."

[S.J.Szabo]

Well, let's see if we can prod the 800lb gorilla in the room with this:

Isn't it time to face the issue that the Members (not the Subscribers) need to decide whether the purpose of the club is to "promote fellowship" (Ohio/IRS law) or to establish a magazine publishing empire?

Let us paraphrase a couple Ohio/IRS regs to see what a proper (and legal) non-profit car club is supposed to do with the Members' dues:

It is supposed to promote activities that provide opportunities for Members to personally interact with one another in pursuit of the stated interest of the club. This is called "fellowship".

National clubs are specifically expected to maintain club sponsored regional units to provide a reasonable scale of fellowship.

The Registry has always ignored these reasonable expectations (and thus have failed both its legal responsibilities and its Members needs) because the nearly all the Members' dues are allocated to the publishing effort.

So I ask you all; is the Registry a bunch of guys digging 356s together or a glossy rag? You can't have it both ways.

[bbspdstr]

I wish I had a picture handy to post, but I've known Dave Baker since he returned from Colorado and herding sheep in the mid-'70s, not meth-affected kittens, like Bill used to do. He worked in my shop for 7 years, then spun off to his own restoration business for many years, retired recently and now is back with me, part-time......and all the while wearing freekin' sandals! Seeing the pictures of Bill and Jack in flip-flops brought back memories of making Dave wear Nomex socks when he worked in my shop in Birkenstocks ....welding! OSHA would NOT be amused! It's so difficult to find steel-toed sandals, too.

My message today is: Happy Mothers Day to all...we all have or had one and I'm seeing my 94 year old one today!

Congrats to Jack, also, on his longevity "in the business." We'll meet someday and discuss how much gray hair is from age or the businesses we have had.

Bill, we'll meet someday and you will tell me how you "high-point" in flip-flops....but you look good in pink nonetheless. Now tell us all....what does "inimical" mean and for bonus points; in which Bylaws does that word appear?

.........and Justin, thanks for letting "us" have so much fun.(welcome and thank you! Justin)

-Bruce

[Bill Sampson]

quote="356JAGER" post=7312]Congratulations Jack VVV wish I could have been there. Bill, where in CAL is INIMI ? Anywhere near Malibu ?



INIMI is just southeast of Baja Oxnard