As The Renaissance gains steam for the reform of the Land Park Community Association, it is no accident.
The obstructionist board members opposed to increasing membership, opening committees, transparency and the like, ignored California Corporation law California Corporations Code (the “Code”) which provides, in relevant part, that “special meetings of members [of California nonprofit public benefit corporations] for any lawful purpose may be called by 5 percent or more of the members," and refused to address or allow the member-petitioners to call a special meeting.
Some of the correspondence between the Board President Elyse Metune and LPCA Renaissance member and Board Member Craig Powell:
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Sent: 1/7/2009
Ms. Elyse Metune, PresidentLand Park Community Association
Mr. Kearse McGill, SecretaryLand Park Community Association
Re: Demands for Inspection and Production of LPCA Documents
Dear Ms. Metune and Mr. McGill:
On behalf of myself and Mr. Terry Grimes, in our capacities as both directors and members of the Land Park Community Association ("LPCA"), and as the agent for those LPCA members who filed petitions with Ms. Metune on December 22, 2008 requesting a special meeting of the LPCA members (as well as LPCA members who subsequently file such petitions), I hereby submit a demand for the LPCA records and exercise our inspection rights, as detailed in the attached letter (identified as "C607.doc"), pursuant to the legal authorities listed therein. If either of you should have any questions, feel free to contact me.
Very truly yours,
Craig K. Powell
cc: LPCA Board of Directors
Mr. James T. Freeman, Esq.
**************************
and Elyse's response:
I can not beleive you guys. You will have to be patient. I am awhere of my duties. My neice is visiting from Utah this weekend. I have to work on real estate while she is here but I do not have to work on LPCA while she is here. She will be leaving Monday. Please stop this harrassment.
Elyse
**************************
Craig's response:
Elyse Metune, PresidentLand Park Community Association
Kearse McGill, SecretaryLand Park Community Association
Re: Failure to Comply with Demands for Inspection and Production of LPCA Documents
Dear Ms. Metune and Mr. McGill:
I am in receipt of your January 8, 2009 e-mail concerning our inspection demand. It appears that you either: (1) do not understand; or (2) utterly fail to appreciate the nature and extent of the legal obligations you are under by virtue of our January 7, 2009 demand for inspection and production of LPCA documents; or (3) are bent on intentionally interfering with the exercise of our lawful inspection rights. This is not a request for a joint appointment with the two of you at some future time and place that is mutually convenient for the three of us. Nor is it an invitation or opportunity to negotiate over the terms, conditions and timing of our inspection. This is an assertion of an absolute right under the law to inspect records of the Land Park Community Association. Under the statutes and the LPCA Bylaws that we have invoked, we have the absolute and unconditional right to conduct such inspection at "any reasonable time" we request. As a courtesy, we extended to you not one, not two, but four alternate dates for your compliance with our inspection demand, as well as extending to you the courtesy of selecting the venue for our inspection. While we provided you such options as courtesies, you have responded with equivocation, conditions, vague responses and delay. As Ms. Metune has tried to stall us with illegal delays in calling and convening a special membership meeting in response to LPCA members' petitions and illegal rejection of lawful LPCA memberships (the subject of separate letters to you today), you are both now stalling us with your illegal refusal to comply with our lawful demand for inspection and production of LPCA records. Specifically: (1) You have failed to select one of the four alternative dates that we gave you; (2) You have declared your refusal to meet at the time and place we specified for today's inspection, which is the designated "default" inspection time, date and place since you have now refused to select one of the four courtesy alternatives we extended; (3) You have asserted an impermissible condition by insisting upon the joint presence of both of you at today's inspection; (4) You have asserted a second impermissible condition by designating a venue, Eskaton Monroe Lodge, for our inspection that may or may not even be accessible for our inspection. Furthermore, you have utterly failed to respond to our lawful demand for the production and electronic delivery of specified LPCA documents, a demand that is legally (and functionally) distinct and independent from our demand for an inspection of LPCA records. Our January 7, 2008 demand letter cautioned you: "Similarly, the "unavailability" of records that we have chosen to inspect under Subsection II (d) will not constitute legally cognizable grounds for any delay in delivering to us copies of the records that we have requested under Subsections II (a), (b) and (c) [underscoring in original text]." Specifically, you have failed to send us the electronic files for the "Membership Records" and "Bylaws" (as those terms are defined in our January 11th demand letter), as well as the LPCA's winter newsletter and associated correspondence with the LPCA's printer. We know these documents exist on your computer hard drives. We also know that you can e-mail them to us in a matter of a few minutes, at most. We will provide you with one last opportunity to avoid the commencement of litigation in this matter. We will agree to a one-time extension of time for your compliance with our inspection demand until no later than 6:00 p.m. on Wednesday, January 14, 2009, at any time you designate between the hours of 9:00 a.m. and 6:00 p.m., at a place of your choosing in the City of Sacramento (with adequate space and power), provided that you: (1) Send to me electronically (to e-mail address: ckpinsacto@aol.com) no later than 6:00 p.m. on Sunday, January 11, 2009 the electronic files, in readable form, of the "Membership Records (as defined)," "Bylaws (as defined)" and the LPCA winter newsletter, with all associated e-mail correspondence with the LCPA printer, as identified in Subsections II (a), (b) and (c) of our January 7, 2009 demand letter; and (2) Provide me with 24 hours' prior notice, via e-mail or telephone, of the time, date and place you select, between the hours of 9:00 a.m. and 6:00 p.m., no later than 6:00 p.m. on Wednesday, January 14, 2009, for our physical inspection of the LPCA records identified in Subsection II (d) of our January 11, 2009 demand letter. If you fail to e-mail to me the requested electronic files by 6:00 p.m. on Sunday, January 11th (condition (1) above) or you fail to provide the requisite LPCA records for our inspection by 6:00 p.m. on Wednesday January 14th, with the requisite 24 hours' prior notice (condition (2) above), we will promptly file a petition in Superior Court and obtain, via summary proceedings, a peremptory writ of mandamus ordering the two of you to immediately comply with the terms of our January 4, 2009 demand letter, together with a court order compelling you and Mr. McGill to pay for our attorneys' fees and other costs we may incur, as provided by law. It think it would be a tragedy for both the LPCA and Land Park for this and other disputes to spill out in publicized litigation. It is within your power to avoid it by just complying with the simple and reasonable terms of the extension we have offered. The choice is yours.
Very truly yours,
Craig K. Powell
cc: LPCA Board of Directors (via e-mail)
Mr. James T. Freeman, Esq. (via e-mail)
******************************
Elyse's response:
Craig Powell I have just found the time for reviewing your request as I work and did have an operations committee meeting tonight. Tomorrow at 1 or anytime this weekend is not possible for me. I will make arrangements for a meeting at our usual meeting place the Eskaton/Monroe Lodge. As soon as I have some times both Kearse and I are available I will let you and Terry know.
Elyse Metune
*******************************
As you can see, the law is on the side of the LPCA Renaissance reform group. The obstructionist LPCA Board members can try to stall, but will be met with surprise after surprise by the diligence and determination of the good people of Land Park.
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Launching the LPCA Renaissance
"Renaissance" - To be born anew.
Websters New World Dictionary, 4th Edition
Land Park is considered one of Sacramento's finest neighborhoods, long known for its quiet leafy streets, lovely homes and friendly easy-going ambiance. It is home to young families, savvy urbanites, busy middle-aged homeowners and a goodly number of senior residents, many of whom have raised their families here.
Since it was formed almost 20 years ago, the Land Park Community Association has been the principal neighborhood organization for Land Park. Since then, the LPCA has performed some functions well, such its annual "Taste of Land Park" wine-tasting fundraiser. The LPCA, however, has not realized its full potential to be an effective community organization. Instead, it has become a largely insular group with a narrow view of its mission and little ambition to energetically serve Land Park. It is an organization sorely in need of new energetic leadership.
During this past year, the LPCA has struggled. The new contingent of directors elected in a board shake-up last Spring has been championing new initiatives and seeking to implement organizational reforms, such as a Transparency Proposal to open up the LPCA to broader participation by its members . These proposals have been frequently stymied by deadlocked tie votes.
Land Park is facing new challenges: growing concern over crime, increased traffic congestion and a controversial proposal to move the Zoo out of Land Park. We are also facing the specter of economically challenged commercial corridors, such as Freeport Boulevard and Broadway. There is also a desire among many residents for more opportunities for social interaction- for our children, our families, our seniors, for everyone.
With the LPCA often preoccupied with internal discord, opportunities are being missed and challenges are not being adequetly met. We seek to bring fundamental change and reforms to the LPCA, to make it stronger, more cohesive and more effective in serving our neighborhood. What we propose is a new beginning for the LPCA: an LPCA Renaissance.
We ask you to join us in this effort to give Land Park the community organization it richly deserves. In this blog, you can view the first round of reform proposals that we are championing. Please feel free to post your comments and join this dialogue on the future course of the LPCA and Land Park. If you would like to lend your support to these efforts or wish to discuss them, please e-mail us at ckpinsacto@aol.com
Websters New World Dictionary, 4th Edition
Land Park is considered one of Sacramento's finest neighborhoods, long known for its quiet leafy streets, lovely homes and friendly easy-going ambiance. It is home to young families, savvy urbanites, busy middle-aged homeowners and a goodly number of senior residents, many of whom have raised their families here.
Since it was formed almost 20 years ago, the Land Park Community Association has been the principal neighborhood organization for Land Park. Since then, the LPCA has performed some functions well, such its annual "Taste of Land Park" wine-tasting fundraiser. The LPCA, however, has not realized its full potential to be an effective community organization. Instead, it has become a largely insular group with a narrow view of its mission and little ambition to energetically serve Land Park. It is an organization sorely in need of new energetic leadership.
During this past year, the LPCA has struggled. The new contingent of directors elected in a board shake-up last Spring has been championing new initiatives and seeking to implement organizational reforms, such as a Transparency Proposal to open up the LPCA to broader participation by its members . These proposals have been frequently stymied by deadlocked tie votes.
Land Park is facing new challenges: growing concern over crime, increased traffic congestion and a controversial proposal to move the Zoo out of Land Park. We are also facing the specter of economically challenged commercial corridors, such as Freeport Boulevard and Broadway. There is also a desire among many residents for more opportunities for social interaction- for our children, our families, our seniors, for everyone.
With the LPCA often preoccupied with internal discord, opportunities are being missed and challenges are not being adequetly met. We seek to bring fundamental change and reforms to the LPCA, to make it stronger, more cohesive and more effective in serving our neighborhood. What we propose is a new beginning for the LPCA: an LPCA Renaissance.
We ask you to join us in this effort to give Land Park the community organization it richly deserves. In this blog, you can view the first round of reform proposals that we are championing. Please feel free to post your comments and join this dialogue on the future course of the LPCA and Land Park. If you would like to lend your support to these efforts or wish to discuss them, please e-mail us at ckpinsacto@aol.com