Post by Poor Richard on May 20, 2021 8:21:17 GMT -7
GLA Motion to Seek Legal Advice Regarding Ed Dobrowski's Resignation
On Wednesday May 19 Director Brockett introduced a motion to seek legal advice regarding Ed Dobrowski's resignation from the GLA Board. Brockett wrote:
The motion was seconded by Claudette Dirkers. Director Mizzi, who less than an hour earlier had called for an attorney's opinion, voted no. Mizzi objected to the "wording of the motion" but did not offer any suggestions. Jerry Ladewig also objected to the wording and stated that her vote would also be no. But she declined to actually vote. The motion is pending and will expire in 3 days on Saturday at 11:01 AM.
In a separate thread Claudette Dirkers asked how the motion could be edited. Brockett added that he was willing to withdraw the original motion if board members could agree to new language. Then he would submit a new motion with the approved language. Ladewig asked that 1) be replaced with "Does our Governing Documents or Montana State law allow a director to rescind their resignation after the board has acted upon it, "without acceptance by vote of a rescission of the resignation"?
The debate over Ed's resignation continues and will affect our next Board meeting. Therefore I accept Charlotte Mizzi's request to seek legal advice. Accordingly I make the following motion that:
The GLA Board and Legal Committee seek a written legal opinion to be presented to the Board at their next open meeting, regarding two questions:
1) Does our Governing Documents or Montana State law allow a director to rescind their resignation after the board has acted upon it?
2) Does our Restated Bylaws allow a Director who has resigned, and then rescinded his resignation, to continue serving on the Board if there is no Annual Election?
Upon a second I vote YES.
Sincerely,
Director Tim Brockett
The GLA Board and Legal Committee seek a written legal opinion to be presented to the Board at their next open meeting, regarding two questions:
1) Does our Governing Documents or Montana State law allow a director to rescind their resignation after the board has acted upon it?
2) Does our Restated Bylaws allow a Director who has resigned, and then rescinded his resignation, to continue serving on the Board if there is no Annual Election?
Upon a second I vote YES.
Sincerely,
Director Tim Brockett
The motion was seconded by Claudette Dirkers. Director Mizzi, who less than an hour earlier had called for an attorney's opinion, voted no. Mizzi objected to the "wording of the motion" but did not offer any suggestions. Jerry Ladewig also objected to the wording and stated that her vote would also be no. But she declined to actually vote. The motion is pending and will expire in 3 days on Saturday at 11:01 AM.
In a separate thread Claudette Dirkers asked how the motion could be edited. Brockett added that he was willing to withdraw the original motion if board members could agree to new language. Then he would submit a new motion with the approved language. Ladewig asked that 1) be replaced with "Does our Governing Documents or Montana State law allow a director to rescind their resignation after the board has acted upon it, "without acceptance by vote of a rescission of the resignation"?
Dobrowski flatly rejected the offer and refused to cooperate. Director Mizzi said "No matter how the facts are twisted, Ed remains a Board member until he is replaced."
Dobrowski did not ask to rescind his resignation until the eve of the Annual Election, just an hour before Mizzi presented a motion to postpone the election. That left the GLA deadlocked, 5 to 5. Both President Newman Brozovsky and Director Mizzi are adamant that Dobrowski remain on the GLA board until there is a new election. Neither GLA Governing Documents nor Montana State law allow a director to rescind their resignation.