Post by Admin on Apr 11, 2018 9:04:56 GMT -7
The Rule of Law Must be Followed, if Justice is to Prevail
To the GLA Board and Landowners: April 11th, 2018
The Honorable Judge Brenda Gilbert will soon be writing a final court order regarding the postponed 2017 Annual Elections for Glastonbury. The GLA offered to cancel the 2017 Elections and replace them with a new election in June 2018. Has the GLA Board carefully considered the repercussions that decision will have upon our community and landowners? There has been very little discussion with landowners, and it is not even clear if the GLA Board ever took a vote to cancel the 2017 Election.
Voting is a sacred right of democracy and an entire community should never have that sacred right negotiated away. Cancelling an election is something that I have only heard of in third world, totalitarian countries. If you proceed with cancelling the 2017 Annual Election, you will be harming all landowners, our community, our governing documents, candidates and their supporters.
For justice to prevail, the Rule of Law, must be followed. I urge the GLA Board to let the questions regarding Rakela's candidacy play out in the courts. I believe the GLA Board followed the Covenants precisely, and that Rakela violated them by not paying all the assessments on her properties. Her excuse that the property with unpaid assessments belonged to her son, does not comply with the Montana Cadastral, or the Park County Treasurer’s records. Both list her as the sole owner of the parcel in question, North Glastonbury 53-C. To date, a deed has NOT been located that shows her son, Parsifal Pittendorfer, as being the owner of NG 53-C. I find it perplexing that his name and signature are on Clare Parker's petition. Has anyone from the GLA Board or court interviewed him yet? Is his petition signature valid?
I understand that Clare Parker and company, stated on their petition "This petition is to initiate from the beginning the election process with a nominating committee that will take nominations from members in good standing and following through with all the requirements stated in the Covenants and Bylaws”. I believe this request is invalid, and unwarranted. Our laws, the Covenants, do not allow for the cancellation of an election by petition. A petition is allowed only, to call for a Special Meeting to discuss and act upon a singular subject. Furthermore, there is no actual proof, only allegations, that the GLA Board violated any Covenants when they disqualified candidates in the 2017 Election.
Their latest groundless claim to reinstate a “Pay at the Door Election Day Policy,” directly violates our GLA Covenants.
Our Covenants are impartial and all landowners are bound to obey them. If Rakela's claim of "irreparable harm" is settled by negotiation then our laws will be torn asunder. The Covenants will then only apply to those landowners who choose to obey them. That is anarchy. Justice cannot prevail when laws are interpreted differently for different individuals. Elections are sacred and may not be used as bargaining chips. Laws must be applied equally and all parties are bound to follow them.
To cancel the 2017 Annual Election, would only create more chaos, financial hardship, bitter feelings, and further weaken a GLA Board, that is dangerously teetering on the edge of anarchy. Such a decision would reward lawbreakers, and invite more lawlessness in Glastonbury. Property values will continue to fall and our community government will be in tatters, with both sides declaring it illegitimate and ineffective.
I strongly urge the GLA Board to pursue the Rule of Law, and adhere to our Covenants. If errors can be found in the invalidation of the two 2017 Candidates, then a new ballot would be appropriate. Notwithstanding, a new election, complete with a new nomination process, and the complete discarding of the 2017 Annual Election, should never be allowed. Every landowner has the sacred right to vote in a democracy and that right, must never be taken away, unjustly.
While some may argue that Judge Brenda Gilbert has already made a decision to proceed with a new election and thus my comments are too late, I disagree. Her decision was preliminary. Friday April 13th is when all comments from both sides are due to be received by the court. The final court order is yet to be written. The lack of a proper deed will also have a bearing on the final court order.
If the GLA Board cannot agree on a unified approach and speak with one voice then I suggest that both sides of the Board write a letter to the court and explain their respective positions. Then let the judge make a ruling which the entire GLA Board must agree to support.
I would like to see my above comments contained in an affidavit to the court, regarding the upcoming decision by Judge Brenda Gilbert on the Rakela TRO. I am willing to cover all costs incurred in the submitting of an affidavit by the GLA Board.
Sincerely,
Tim Brockett SG-88A
The Honorable Judge Brenda Gilbert will soon be writing a final court order regarding the postponed 2017 Annual Elections for Glastonbury. The GLA offered to cancel the 2017 Elections and replace them with a new election in June 2018. Has the GLA Board carefully considered the repercussions that decision will have upon our community and landowners? There has been very little discussion with landowners, and it is not even clear if the GLA Board ever took a vote to cancel the 2017 Election.
Voting is a sacred right of democracy and an entire community should never have that sacred right negotiated away. Cancelling an election is something that I have only heard of in third world, totalitarian countries. If you proceed with cancelling the 2017 Annual Election, you will be harming all landowners, our community, our governing documents, candidates and their supporters.
- Landowners who obeyed our Covenants, and thus, were in "good standing,” were allowed to vote and run as candidates in 2017.
- Landowners, who did not obey our Covenants, were NOT allowed to vote nor did they qualify to be candidates in 2017. By cancelling the 2017 Election, you will be punishing those who obeyed the law - our Covenants - and giving a pass to those who disobeyed the Covenants.
- By cancelling the 2017 election all eligible to vote landowners will have their right to vote in 2017 invalidated; they will be disenfranchised. Yes, they can vote in a new mid-year 2018 election but a replacement election is not the same as the original 2017 Annual Election.
- Glastonbury's reputation will take another hit. Property values have suffered greatly because of GLA financial and administrative mismanagement. We are a banana republic in the heart of Paradise Valley. Landowners often disregard the Covenants with impunity. Parcels, shares of the GLA corporation, often takes 2-4 years to sell, and usually, go at a below market value, price. Our past due assessments have topped one quarter of a million dollars and reach new highs with every passing year.
- Several candidates and their supporters will suffer irreparable harm if the 2017 Election, is cancelled. All of their campaigning efforts and expenses will fall by the wayside. Any strategic advantage they may have had will vanish. Those efforts, along with all of the money spent, will be for naught. As such, they will have legal grounds to sue the GLA, and the treasury draining legal battles will continue.
- The GLA Board will be sending a clear message to dark horse candidates and recalcitrant landowners. If you cannot win an election or wish to see the GLA Board status quo maintained, then invent a reason to have the election stopped, and call for a new, "fresh start" election. The GLA Board is creating a powerful ploy for candidates and landowners who do not wish to follow the law, and/or who are not popular with the voting public.
- All landowners who voted in the 2017 Election, both by Absentee and Proxy Ballots, will be disenfranchised from not only the 2017 original election, but may also be disenfranchised from the replacement June 2018 Election. That issue is on the next Board’s meeting agenda.
For justice to prevail, the Rule of Law, must be followed. I urge the GLA Board to let the questions regarding Rakela's candidacy play out in the courts. I believe the GLA Board followed the Covenants precisely, and that Rakela violated them by not paying all the assessments on her properties. Her excuse that the property with unpaid assessments belonged to her son, does not comply with the Montana Cadastral, or the Park County Treasurer’s records. Both list her as the sole owner of the parcel in question, North Glastonbury 53-C. To date, a deed has NOT been located that shows her son, Parsifal Pittendorfer, as being the owner of NG 53-C. I find it perplexing that his name and signature are on Clare Parker's petition. Has anyone from the GLA Board or court interviewed him yet? Is his petition signature valid?
I understand that Clare Parker and company, stated on their petition "This petition is to initiate from the beginning the election process with a nominating committee that will take nominations from members in good standing and following through with all the requirements stated in the Covenants and Bylaws”. I believe this request is invalid, and unwarranted. Our laws, the Covenants, do not allow for the cancellation of an election by petition. A petition is allowed only, to call for a Special Meeting to discuss and act upon a singular subject. Furthermore, there is no actual proof, only allegations, that the GLA Board violated any Covenants when they disqualified candidates in the 2017 Election.
Their latest groundless claim to reinstate a “Pay at the Door Election Day Policy,” directly violates our GLA Covenants.
Our Covenants are impartial and all landowners are bound to obey them. If Rakela's claim of "irreparable harm" is settled by negotiation then our laws will be torn asunder. The Covenants will then only apply to those landowners who choose to obey them. That is anarchy. Justice cannot prevail when laws are interpreted differently for different individuals. Elections are sacred and may not be used as bargaining chips. Laws must be applied equally and all parties are bound to follow them.
To cancel the 2017 Annual Election, would only create more chaos, financial hardship, bitter feelings, and further weaken a GLA Board, that is dangerously teetering on the edge of anarchy. Such a decision would reward lawbreakers, and invite more lawlessness in Glastonbury. Property values will continue to fall and our community government will be in tatters, with both sides declaring it illegitimate and ineffective.
I strongly urge the GLA Board to pursue the Rule of Law, and adhere to our Covenants. If errors can be found in the invalidation of the two 2017 Candidates, then a new ballot would be appropriate. Notwithstanding, a new election, complete with a new nomination process, and the complete discarding of the 2017 Annual Election, should never be allowed. Every landowner has the sacred right to vote in a democracy and that right, must never be taken away, unjustly.
While some may argue that Judge Brenda Gilbert has already made a decision to proceed with a new election and thus my comments are too late, I disagree. Her decision was preliminary. Friday April 13th is when all comments from both sides are due to be received by the court. The final court order is yet to be written. The lack of a proper deed will also have a bearing on the final court order.
If the GLA Board cannot agree on a unified approach and speak with one voice then I suggest that both sides of the Board write a letter to the court and explain their respective positions. Then let the judge make a ruling which the entire GLA Board must agree to support.
I would like to see my above comments contained in an affidavit to the court, regarding the upcoming decision by Judge Brenda Gilbert on the Rakela TRO. I am willing to cover all costs incurred in the submitting of an affidavit by the GLA Board.
Sincerely,
Tim Brockett SG-88A