GLA Director Ed Dobrowski Attempts to Rescind Resignation

Poor Richard
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GLA Director Ed Dobrowski Attempts to Rescind Resignation Dec 24, 2020 11:07:43 GMT -7

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Post by Poor Richard on Dec 24, 2020 11:07:43 GMT -7

GLA Director Ed Dobrowski Attempts to Rescind His Resignation

On August 27th, 2020 Glastonbury Landowner's Association (GLA) Director Ed Dobrowski submitted his resignation by emailing the Board. He wrote:

Hello folks, Please remove me from the committees that I sit on, except the road and management. My work schedule has increased and I do not have time to attend these meetings. I would also like to inform the board that because of my busy work schedule that I resign at the end of the year.

There were several email exchanges between the GLA Board and Director Dobrowski regarding the exact date of his resignation. Was it the end of the calendar year, December 31, 2020 or the end of the GLA year which coincides with the December Board meeting when new members are seated?

On August 28 GLA President Newman Brozovsky emailed the Election Chair, Director Ladewig:

He (Dobrowski) has put in his notice for the end of this year's term which makes his position open for election on the November ballot.

It was agreed by the Election Committee and the GLA Board that another board position opened in South Glastonbury as a result of Director Dobrowski's upcoming resignation. The official ballots and cover letter added an extra opening to replace Dobrowski, were approved by the GLA Board and then mailed to landowners.

Over the next few weeks a series of events occurred that threw the Annual Election process into chaos. A fraudulent letter was sent to landowners, five members of the GLA fought to cancel the election and come up with a new ballot that included non-landowners while others argued that the Election Procedures be followed. A Zoom meeting was finally agreed upon with the Board attorney Seth Cunningham to discuss what should happen with the Annual Election. It was widely believed that the Annual Election, scheduled for the next day, Saturday November 14th, would be cancelled or postponed. After 8 pm a motion was accepted to postpone the Annual Election meeting. No new date was decided upon then or since.

Sources tell us that the closed GLA Board meeting with Attorney Cunningham commenced at 7:00 pm on Friday November 13. The complete voting packet had already been received by all landowners, including the cover letter announcing 5 SG open board positions along with the absentee ballots.

On Friday November 13, 2020 at 7:14 pm Director Dobrowski sent an email to the GLA Board and attempted to rescind his resignation. He wrote:

I rescind my resignation until after the new election. My seat can be replaced at the new election, but I don't want the Board to be short another Director vote in case a motion should arise.

Montana State Law 35-2-420 (2) states "A resignation is effective when the notice is effective unless the notice specifies a later effective date".

Since Director Dobrowski specified "that I resign at the end of the year" then the last date of his term could be no later than December 31, 2020.

On December 22, 2020 Director Dobrowski again stated that he was rescinding his resignation. He wrote in an email to the GLA Board:

I rescind my resignation.
There is no annual meeting scheduled and my resignation was supposed to be final after the election so a new Board member could take my seat. There is no meeting scheduled and who knows when the election will take place. Because of these circumstances I rescind my resignation.
I am an elected Board member and the Board can not remove an elected member, only an appointed member. I have every right to rescind my resignation and if you don’t believe it then ask an attorney or get a court order.

As of December 14, 2020 Director Dobrowski is still on the GLA Board email system and actively voting on motions.

Forum articles are often built upon previous articles. As a result, infrequent readers may find some articles difficult to understand. I try to include blue highlighted links so readers may reference information used in writing the article like official Minutes, Financial Statements, and previous articles. I also make errors and sometimes forget that what is clear to me, may not be for you. If you have questions please post them under the article and I will answer them.

leokeeler
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Posts: 188

GLA Director Ed Dobrowski Attempts to Rescind Resignation Dec 24, 2020 18:01:27 GMT -7

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Post by leokeeler on Dec 24, 2020 18:01:27 GMT -7

This reminds me of the Ron Price saga wherein Ron pulled his name as a Board candidate via a voice message to the Board then the next day sent another voice message saying he wanted to keep running.

As a Director during this saga, I recall the GLA attorney Seth Cunningham advising the Board that once officially made and documented, a person pulling their nomination (or in Ed's case resigning) they became just ordinary Landowners upon the date they formally present. By letter from the Board, Ron was notified his pulling his name was accepted.

Ed's resignation and the opening of another seat was recognized and accepted by the Board as documented in the letter sent to landowners saying there were now 5 openings in South.

It will be interesting to see what Directors want to go against State law, GLA attorney advice and the precident already set.

Will those who fight for Ed to remain as a Director be acting in the best interest of all Landowners or another interest.

Will the Board's actions on this issue be TRANSPARENT???

Last Edit: Dec 24, 2020 18:02:32 GMT -7 by leokeeler

Poor Richard
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New to Glastonbury

Posts: 932

GLA Director Ed Dobrowski Attempts to Rescind Resignation Dec 24, 2020 20:48:37 GMT -7

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Post by Poor Richard on Dec 24, 2020 20:48:37 GMT -7

When a person runs for public office they are applying for a job. In the case of the GLA it is a volunteer job that comes with responsibilities. If the landowners agree to give the candidate the job he ran for, the candidate is hired. All of that describes the candidacy of Ed Dobrowski, his winning a seat on the GLA Board and accepting the responsibilities that came with the job.

In August Ed Dobrowski resigned from the job of GLA Director effective at the end of the year. At that point Dobrowski gave up his right to hold office past the end of the year. Montana State Law confirms this by stating "A resignation is effective when the notice is effective unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date".

Thus the GLA Board could have appointed someone within 60 days to fill Dobrowski's position. That appointee would have taken office at the "end of the year".

In the case of Ron Price mentioned above. Ron Price had a right to run for the GLA Board just like every GLA landowner in good standing has. He filed the proper paperwork and was put on the ballot. The nomination period soon closed and ballots were printed and mailed. Then Ron Price called the GLA and withdrew his candidacy. A day later he called the GLA and said he changed his mind and would still like to run. Since the nomination period was closed, Price voluntarily gave up his right to be a "ballot candidate". Price could still run as a write-in candidate which is what he did.

Once rights are given up, they cannot be taken back.

Last Edit: Dec 24, 2020 21:04:19 GMT -7 by Poor Richard

Forum articles are often built upon previous articles. As a result, infrequent readers may find some articles difficult to understand. I try to include blue highlighted links so readers may reference information used in writing the article like official Minutes, Financial Statements, and previous articles. I also make errors and sometimes forget that what is clear to me, may not be for you. If you have questions please post them under the article and I will answer them.