[gpva-ic] Old English Law

[jimpolk at cavtel.net]

Dear Chuck Murn, Esquire
I was not taking a stand, merely doing reflective listening, sending back
out to the group what they were saying. I have not taken a stand and am
trying to be a mediator, to not rush head long into a lynching. Please
calm down.

Jim

> Jim,
>
> Old English law just happens to be the foundation for modern American law.
> You can decide to not abide it, but when you bring an organization that
> you
> lead into harms way by refusing to have the organization abide it, you
> have
> to expect resistance.
>
> Jim, you talk of the fact (in capital letters) that because NOVA did not
> have written bylaws, they cannot enforce the rules that they did have. In
> what sense is that a fact, other than your opinion, which seems at this
> point purposely chosen to favor the takeover group? Are you a lawyer? Do
> you
> have any legal training? Or are you pulling this rule out of thin air, as
> it
> appears?
>
> The hypocrisy of your position is unbelieveable. You are citing an
> unwritten
> rule (which is, not to mention, not even a rule except in your mind) to
> say
> that because a local has no written rules, they cannot enforce unwritten
> rules! You are enforcing your unwritten rule to invalidate all of NOVA's
> unwritten rules because they are unwritten!! Even by your own rule, your
> position is untenable.
>
> Your choice of rules is quite without factual or legal basis and gives the
> immediate, blatant appearance of a conflict of interest. In government,
> even
> the appearance of a conflict of interest is sufficient to require
> nonparticipation in a decision, etc. GPVA leaders should at least be kept
> to
> the standard applicable to politicians and bureaucrats.
>
> Given that, I am sorry it has come to this, but we need to clear the air
> now.
>
> Is it true that Carey Campbell recruited you into joining the GPVA? Simple
> question, please answer simply.
>
> Furthermore, you talk of staying out of court. My opinion as a lawyer,
> though I am not acting as GPVA's lawyer, on the information
> I have so far, Jim, is that your rule is the best way to land us in court.
> It appears to me that the original, true NOVA local could sue GPVA,
> including you, for trampling their associational rights. In my opinion,
> you
> could well be exposing the organization to legal liability.
>
> As I said before, the proper course here is for the original NOVA to treat
> the decisions at the last meeting as having failed for not getting the
> requisite consensus or fallback vote. If Cary Campbell and his group
> attempt to use the NOVA name or affiliation, the real NOVA can go after
> them
> to force them to stop. GPVA may have to decide whether to participate in
> that at some point.
>
> Anyone taking a look at the minutes of the meeting in question can see
> that
> the rules as iterated by Jim L. and others were repeatedly broken, which
> makes any decisions made in that manner fail for lack of sufficient vote.
> They simply have no effect.
> There is little chance they would be enforceable in a court of Virginia
> law.
>
> On what basis are you saying Jim Lowenstern and others who have stated
> what
> NOVA's rules are lying? By disbelieving/disregarding their statements as
> proof of NOVA's rules,
> you are de facto saying they are lying. On what basis are you doing that?
> You
> cannot do it merely because they do not have written bylaws. If you do not
> have a reason, you have to accept their statements as the truth. Given the
> number of witnesses to the protests at the meeting of the breach of the
> rules, there is no doubt as to what the rules are and what effect they
> have
> on the votes taken at the meeting. According to the meeting minutes,
> almost
> none of the votes, including adding to the agenda, passed according the
> NOVA's rules. Those motions clearly failed for that reason. Therefore, the
> added agenda items also were not eligible for consideration, because the
> motion to add them did not pass with the requisite consensus or fallback
> vote.
>
> Charles Murn
> CVG
>
>
>
>
>
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