Community Park

March 2009
S	M	T	W	T	F	S
1	2	3	4	5	6	7
8	9	10	11	12	13	14
15	16	17	18	19	20	21
22	23	24	25	26	27	28
29	30	31

March 2, 2009 at 12:01 am

The great thing about having a recent comments list at the top of the page is that readers can quickly asses where the action is — even if the post is a week (or months) old.

March 2, 2009 at 12:07 am

Eric Kirk

It’s true. But the discussion is important, and it could be lost if another discussion heats up.

March 2, 2009 at 3:03 pm

bob

Well, for someone who claims to have the facts, Ed Voice has a funny way of revealing them. I give him kudos for having the gumption to show up for a meeting where he might clearly have expected to be not terribly well-received. I would have been interested to hear his voice.

Apparently, his first statement is completely dismissive of any “facts” but his own. I understand that Ed(and/or his family) owns land adjacent to the park, and that he is, in fact, a stakeholder in developments in the area. But I think that his calling it a “family home” and signing out as a resident of Garberville since 1961 is at least a bit disingenuous. I have no doubt that he has many fond childhood memories of escaping the wrath of Andy Pond when he and his childhood buddies trespassed to play on the Tooby property(it may have been illegal, but they were only kids), or that he loves the land. But I do think it’s fair to ask then just how long it’s been since Ed or his family actually lived there. My understanding is that it’s been a long time. Or did the formation of the Community Park actually force him to leave town?

Ed Voice

<>

It is also interesting to hear Ed’s discussion of “self-dealing” transactions below, especially when he does not mention even a single instance of behavior by the park board that shows self-dealing. First of all, I agree that self-dealing by a board of directors is a bad thing. In the entire thread on this blog, the only possible item described which could have been called “self-dealing” is the ~$4,000 paid to Steve Dazey for fundraising. Maybe there are others, but they have not been named. Unless the park’s bylaws specifically prohibit employees and contractors from sitting on the board of directors, it is legally allowable. I believe that in California, at least, there is a prohibition against paid folks making up more than 50% of the voting board, but that the law otherwise leaves this alone.

<>

No-one that I know of, including Ed Voice, has ever claimed that any “part of the net income or assets of the organization shall ever inure to the benefit of any director, officer or member thereof or to the benefit, of any private person.” So far as I can tell, it would only be a misunderstanding of what that language means that could lead anyone to conclude that the park board is in violation of this section of its articles of incorporation. So, his statement below also appears questionable.

<>

Finally, Ed’s discussion of “self-dealing” transactions and the state Attorney General is disingenuous, with only a couple of short quotes from actual AG publications. But those quotes are carelessly mixed in with what can only be described as Ed’s interpretations of the AG’s language, and a suspect, or at least self-serving explanation at best. And it’s done in a way that makes it impossible to tell the difference between Ed’s interpretations and beliefs and the actual AG words. Note particularly “self-dealing transactions between a director and the corporation on which the director serves are inherently suspect.” I have a hard time finding that in any AG publication. His reference to “fraud and collusion” at the end borders on libelous, as no one has brought forward any evidence of fraud.

<>

March 2, 2009 at 3:20 pm

bob

Apparently i don’t understand how to use wordpress, as all the quotes I tried to insert from Ed’s entry didn’t show up. Maybe this’ll work…

Well, for someone who claims to have the facts, Ed Voice has a funny way of revealing them. I give him kudos for having the gumption to show up for a meeting where he might clearly have expected to be not terribly well-received. I would have been interested to hear his voice.

Apparently, his first statement is completely dismissive of any “facts” but his own. I understand that Ed(and/or his family) owns land adjacent to the park, and that he is, in fact, a stakeholder in developments in the area. But I think that his calling it a “family home” and signing out as a resident of Garberville since 1961 is at least a bit disingenuous. I have no doubt that he has many fond childhood memories of escaping the wrath of Andy Pond when he and his childhood buddies trespassed to play on the Tooby property(it may have been illegal, but they were only kids), or that he loves the land. But I do think it’s fair to ask then just how long it’s been since Ed or his family actually lived there. My understanding is that it’s been a long time. Or did the formation of the Community Park actually force him to leave town?

“ED VOICE

OK, YOU ALL HAVE VALID POINTS, BUT DO NOT KNOW ANY OF THE FACTS. THE ONLY FACTS YOU KNOW, ARE COMING FROM THE PARK BOARD.”

It is also interesting to hear Ed’s discussion of “self-dealing” transactions below, especially when he does not mention even a single instance of behavior by the park board that shows self-dealing. First of all, I agree that self-dealing by a board of directors is a bad thing. In the entire thread on this blog, the only possible item described which could have been called “self-dealing” is the ~$4,000 paid to Steve Dazey for fundraising. Maybe there are others, but they have not been named. Unless the park’s bylaws specifically prohibit employees and contractors from sitting on the board of directors, it is legally allowable. I believe that in California, at least, there is a prohibition against paid folks making up more than 50% of the voting board, but that the law otherwise leaves this alone.

“TO THE QUESTION OF ETHICS BY THE PARK BOARD. OF COURSE I HAVE A MAJOR PROBLEM WITH SITTING DIRECTORS AND BOARD MEMBERS BENEFITING FROM SELF DEALING TRANSACTIONS AND PUBLIC DONATIONS”

No-one that I know of, including Ed Voice, has ever claimed that any “part of the net income or assets of the organization shall ever inure to the benefit of any director, officer or member thereof or to the benefit, of any private person.” So far as I can tell, it would only be a misunderstanding of what that language means that could lead anyone to conclude that the park board is in violation of this section of its articles of incorporation. So, his statement below also appears questionable.

“AND I WILL PLAY THIS AGAIN: IF YOU WOULD PLEASE READ THE ARTICLES OF INCORPORATION FOR THE SHCP YOU WILL FIND THAT IN ITEM SIX, IT STATES:
“THE PROPERTY OF THIS CORPORATION IS IRREVOCABLY DEDICATED TO CHARITY AND NO PART OF THE NET INCOME OR ASSETS OF THE ORGANIZATION SHALL EVER INURE TO THE BENEFIT OF ANY DIRECTOR, OFFICER OR MEMBER THEREOF OR TO THE BENEFIT, OF ANY PRIVATE PERSON. ON THE DISSOLUTION OR WINDING UP OF THE CORPORATION, ITS ASSETS REMAINING AFTER PAYMENT OF, OR PROVISION FOR PAYMENT OF, ALL DEBTS AND LIABILITIES OF THIS CORPORATION, SHALL BE DISTRIBUTED TO A NONPROFIT FUND, FOUNDATION, OR CORPORATION WHICH IS ORGANIZED AND OPERATED EXCLUSIVELY FOR CHARITABLE PURPOSES AND WHICH HAS ESTABLISHED ITS TAX-EXEMPT STATUS UNDER SECTION 501(C) (3) OF THE INTERNAL REVENUE CODE”. “

Finally, Ed’s discussion of “self-dealing” transactions and the state Attorney General is disingenuous, with only a couple of short quotes from actual AG publications. But those quotes are carelessly mixed in with what can only be described as Ed’s interpretations of the AG’s language, and a suspect, or at least self-serving explanation at best. And it’s done in a way that makes it impossible to tell the difference between Ed’s interpretations and beliefs and the actual AG words. Note particularly “self-dealing transactions between a director and the corporation on which the director serves are inherently suspect.” I have a hard time finding that in any AG publication. His reference to “fraud and collusion” at the end borders on libelous, as no one has brought forward any evidence of fraud.

“AND SO I WILL LEAVE YOU WITH THIS ONE, AN OLDIE BUT A GOODIE, IT HAS A GREAT BEAT AND EASY TO DANCE TOO, IT’S FROM THE CALIFORNIA ATTORNEY GENERALS NONPROFIT HANDBOOK;
A “SELF-DEALING” TRANSACTION IS A CONTRACT, AGREEMENT, OR OTHER ACTION AFFECTING THE ASSETS OR INCOME OF A PUBLIC BENEFIT CORPORATION TO WHICH THE CORPORATION IS A PARTY AND IN WHICH ONE OR MORE OF ITS DIRECTORS HAS A “MATERIAL FINANCIAL INTEREST.” SUCH TRANSACTIONS MAY INCLUDE PAYMENT OF A SALARY, CONTRACT, FEE, COMMISSION, OR OTHER BENEFIT OF MATERIAL ECONOMIC VALUE FROM THE PUBLIC BENEFIT CORPORATION TO ONE OR MORE OF ITS DIRECTORS, OR TO A CORPORATION OR PARTNERSHIP IN WHICH A DIRECTOR HAS A MATERIAL FINANCIAL INTEREST. IN REVIEWING SELF-DEALING TRANSACTIONS, THE ATTORNEY GENERAL CONSIDERS A FINANCIAL INTEREST “MATERIAL” TO A DIRECTOR IF IT IS LARGE ENOUGH TO CREATE AN APPEARANCE OF CONFLICT OF INTEREST. THIS IS A QUESTION OF FACT IN EACH CASE.
SELF-DEALING TRANSACTIONS BETWEEN A DIRECTOR AND THE CORPORATION ON WHICH THE DIRECTOR SERVES ARE INHERENTLY SUSPECT. THE DIRECTOR’S FIRST DUTY OF LOYALTY IS TO THE CORPORATION, AND IT MAY BE DIFFICULT FOR A DIRECTOR TO CARRY OUT THAT DUTY IF HE OR SHE IS ALSO LOOKING TO MAKE A PROFIT FROM TRANSACTING BUSINESS WITH THE CORPORATION. THIS IS ONE REASON THAT CALIFORNIA LAW REQUIRES THAT ALL BOARDS OF DIRECTORS OF PUBLIC BENEFIT CORPORATIONS BE COMPOSED OF AT LEAST 51 PERCENT OF DIRECTORS WHO ARE “DISINTERESTED” PERSONS. A MAJORITY DISINTERESTED BOARD OF DIRECTORS HELPS TO INSURE THAT THE CORPORATION IS PROTECTED AGAINST UNFAIR SELF-DEALING TRANSACTIONS AND OTHER CONFLICTS OF INTEREST. WHEN A SELF-DEALING TRANSACTION IS NOT FAIR TO THE CORPORATION, AND WHEN THE SELF-DEALING DIRECTOR CHARGES AN UNREASONABLE PRICE OR MAKES AN EXCESSIVE PROFIT FROM A SELF-DEALING TRANSACTION, THE CORPORATION SUFFERS DAMAGE.
THE ATTORNEY GENERAL AND CERTAIN OTHER PERSONS MAY SUE THE RESPONSIBLE DIRECTORS TO RECOVER FROM THEM THE ACTUAL DAMAGE SUFFERED BY THE CORPORATION, PLUS INTEREST, AND IN SOME CASES PUNITIVE DAMAGES. ANY DAMAGES RECOVERED ARE RETURNED TO THE CORPORATION. OFTEN THE SELF-DEALING DIRECTORS AND OTHER DIRECTORS RESPONSIBLE FOR THE DAMAGE ARE REMOVED FROM THE CHARITY’S BOARD. OF COURSE, THERE ARE CASES OF SELF-DEALING WHERE THE CORPORATION ACTUALLY BENEFITS AND IS TREATED FAIRLY. A SELF-DEALING TRANSACTION IS LEGALLY VALID IF A DIRECTOR CONTRACTS WITH THE CORPORATION HE SERVES TO PROVIDE NEEDED SERVICES AT A FAIR PRICE, IF THE TERMS ARE REASONABLE TO THE CORPORATION, IF THE CONTRACT IS FOR THE CORPORATION’S BENEFIT (NOT THE DIRECTOR’S BENEFIT), IF THE CORPORATION “COULD NOT HAVE OBTAINED A MORE ADVANTAGEOUS ARRANGEMENT WITH REASONABLE EFFORT UNDER THE CIRCUMSTANCES,” AND IF IT IS APPROVED IN ADVANCE BY A MAJORITY OF ALL THE DIRECTORS, NOT COUNTING THE VOTE OF THE INTERESTED DIRECTOR OR DIRECTORS. IF THE DIRECTORS HAVE ALL OF THE FACTS BEFORE THEM AND IN GOOD FAITH FIND THAT THESE CRITERIA ARE MET, THEY MAY “VALIDATE” A SELF-DEALING TRANSACTION AND PROTECT THEMSELVES AGAINST LIABILITY FOR SELF-DEALING.”

March 2, 2009 at 3:38 pm

Eric Kirk

Bob, the best way to do quotes is to italicize them. Those sideways v marks with an i in between them and a slash before the i in the second one.

March 2, 2009 at 4:18 pm

Ed Voice

Morning Bob, Wow all of that was for my benifit. Do you have a last name, or is that only saved for people like me. It sure would be nice to know who is asking the questions. Is that too much for someone like me to ask for?

So let’s go over your list, shall we;

Our family moved to Garberville in 1961. My Dad purchased our house and property down at River Crest in 1966. I attended K thru 12 grade in Southern Humboldt County, graduated from SFHS in 1975. My dad was killed in 1984. The Voice Family has always lived in the River Crest house until 2005, at which time my grandmother took very ill and the family had to take care of her until her death earlier this year, she was 96 years young. Since 2005 our family has been renting it from time to time. Since my mother was diagnosed with breast cancer (just before her mother died) and undergone surgery, ongoing daily radiation treatments, and given the fact we can’t find good renters, I am making plans to live full time in the River Crest house, and moving my business operations up there too. Some people have told me I am crazy for doing this, just because some people in SoHum question if I even live there. Well they are right, its none of your F’in business if I live here or not, it’s still our home, we still pay taxes in Humboldt County, hell you don’t even tell me your last name.

So how about that, Ed Voice will be living in the River Crest house, are you sure you can handle that, are you sure you want that. There are not a lot of boats to work on up there, but there sure is a lot of other things to do, wouldn’t you say BOB.

So for now, if you boys want answers from me, you can spell out your whole or hole name, which ever way you want to spell it.

Have a great day,

Ed Voice

March 2, 2009 at 5:47 pm

Ed Voice

Bob?????

Here are some links, to make it helpful. You can read what I have quoted from and more:

Click to access guide_for_charities.pdf

Click to access charities_nonprofit_transactions.pdf

You can also see the Park Boards Bylaws on their web site now, the link is:

Click to access SHCP-Bylaws-2002-03-28.pdf

And as to what Frenchy said about dazey making money as a Director of the Park Board, I believe their tax return said he was being paid as a Fundraising Consultant, and that was only for 2007, he was paid $1500 in 2006 for the same thing. You need to read the 990 tax return on the Park web site. There is so many more questionable things, I don’t have the time to let all the cats out of the bag just yet. Just remember, careful what you wish for, the Park Board would not like to read what you want us to print.

Sorry if I was a little mad in my last rant, it is not your fault, you had just found and pushed a button that runs deep. Deeper that most people living here now know about.

Cork One Up and have a grape day,

Ed Voice

March 2, 2009 at 7:35 pm

Annonymous

Bob. I have declared you 85% loveable. I love your focus, clarity, and reasoning when someone has done something unjust or without merit. Full speed ahead I say!

And, thank you, for engaging.

March 3, 2009 at 3:23 pm

Rebecca

They say “do what you love and you will never work a day in your life”. For me that is so true. I love working at the park. I hope these problems can be overcome. In fact, I’m praying for it. I support the Board of Directors. I have never seen any fraud or embezzlement. I have only seen thousands of hours of effort gifted to this community. I honor that effort.

March 6, 2009 at 6:03 pm

Ed Voice

BOB, where is BOB. I would have thought after looking up the links I gave you in the past blog, you would have come back and talked about it.

So what is your input, what did you read. Was it my words or the words from the MAN.

“In the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however, the timid join him, For then it costs nothing to be a Patriot.” – Mark Twain

Thanks, look forward hearing from you,

Ed Voice

	Jon Yalcinkaya on Anti-Israel protests come to…
	Jon Yalcinkaya on Anti-Israel protests come to…
	Just Trollin on Anti-Israel protests come to…
	Just Trollin on Anti-Israel protests come to…
	Mitch on Anti-Israel protests come to…
	Anonymous on Anti-Israel protests come to…
	bolithio on Anti-Israel protests come to…
	Mitch on Anti-Israel protests come to…
	Anonymous on Anti-Israel protests come to…
	Anonymous on Anti-Israel protests come to…
	Jon Yalcinkaya on Anti-Israel protests come to…
	Jon Yalcinkaya on Anti-Israel protests come to…
	Jon Yalcinkaya on Good discussion of the normali…
	Anonymous on Haters targeted Los Bagel…
	John on Haters targeted Los Bagel…

Community Park

Recent Comments

Local Media

North Coast Blogs

Progressive Media

Sohum Blogs

Archives

Meta

Recent Posts

10 comments

Leave a comment

Community Park

Share this:

Related

Recent Comments

Local Media

North Coast Blogs

Progressive Media

Sohum Blogs

Archives

Meta

Recent Posts

10 comments

Leave a comment