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Home > Archive > Chess politics > March 2005 > Another lawsuit looming?
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Another lawsuit looming?
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| parrthenon@cs.com 2005-03-14, 5:50 pm |
| I received the following e-mail from a member of the USCF who is also
being stonewalled by the Executive Board.
Larry,
I am now also being officially ignored. In that light I have sent the
following request for guidance to the Illinois Secretary of State's
Office and the Illinois Attorney General's Office:
I am a voting member in good standing of the ILLINOIS NOT-FOR-PROFIT
CORPORATION Entity Name of UNITED STATES OF AMERICA CHESS FEDERATION
File Number 26425905.
I am of the belief the corporation directors may have acted in breach
of their fiduciary duty, in violation of its corporate bylaws as well
as in violation of the provisions of the (805 ILCS 105/) General Not
For Profit Corporation Act of 1986.
My requests on how I may gain access to inspect specific books and
records of the corporation for a proper purpose at any reasonable time
have been ignored.
I would very much like to exhaust all options at obtaining information
and resolving issues rather than getting to the point where the only
recourse is a derivative suit by voting members.
Therefore, my first question is how should I best proceed to gain the
information I have requested? Failing that, my second question is what
is the process and procedure to file a complaint with or to request
further information through the Illinois Secretary of State's Office
and/or the Illinois Attorney General's Office?
Thank you for you time and proper guidance in this matter.
| |
| Grant Perks 2005-03-14, 5:50 pm |
| Larry,
You might first direct him to the accounting department staff to make
his request.
I wonder how someone can know that he is "now also being officially
ingored"?
Grant Perks
USCF CFO
parrthenon@cs.com wrote:
quote:
> I received the following e-mail from a member of the USCF who is also
> being stonewalled by the Executive Board.
>
> Larry,
>
> I am now also being officially ignored. In that light I have sent
the
quote:
> following request for guidance to the Illinois Secretary of State's
> Office and the Illinois Attorney General's Office:
>
> I am a voting member in good standing of the ILLINOIS NOT-FOR-PROFIT
> CORPORATION Entity Name of UNITED STATES OF AMERICA CHESS FEDERATION
> File Number 26425905.
>
> I am of the belief the corporation directors may have acted in breach
> of their fiduciary duty, in violation of its corporate bylaws as well
> as in violation of the provisions of the (805 ILCS 105/) General Not
> For Profit Corporation Act of 1986.
>
> My requests on how I may gain access to inspect specific books and
> records of the corporation for a proper purpose at any reasonable
time
quote:
> have been ignored.
>
> I would very much like to exhaust all options at obtaining
information
quote:
> and resolving issues rather than getting to the point where the only
> recourse is a derivative suit by voting members.
>
> Therefore, my first question is how should I best proceed to gain
the
quote:
> information I have requested? Failing that, my second question is
what
quote:
> is the process and procedure to file a complaint with or to request
> further information through the Illinois Secretary of State's Office
> and/or the Illinois Attorney General's Office?
>
> Thank you for you time and proper guidance in this matter.
| |
|
| parrthenon@cs.com wrote:
quote:
> I received the following e-mail from a member of the USCF who is also
> being stonewalled by the Executive Board.
>
> Larry,
>
> I am now also being officially ignored. In that light I have sent the
> following request for guidance to the Illinois Secretary of State's
> Office and the Illinois Attorney General's Office:
>
> I am a voting member in good standing of the ILLINOIS NOT-FOR-PROFIT
> CORPORATION Entity Name of UNITED STATES OF AMERICA CHESS FEDERATION
> File Number 26425905.
>
> I am of the belief the corporation directors may have acted in breach
> of their fiduciary duty, in violation of its corporate bylaws as well
> as in violation of the provisions of the (805 ILCS 105/) General Not
> For Profit Corporation Act of 1986.
>
> My requests on how I may gain access to inspect specific books and
> records of the corporation for a proper purpose at any reasonable time
> have been ignored.
>
> I would very much like to exhaust all options at obtaining information
> and resolving issues rather than getting to the point where the only
> recourse is a derivative suit by voting members.
>
> Therefore, my first question is how should I best proceed to gain the
> information I have requested? Failing that, my second question is what
> is the process and procedure to file a complaint with or to request
> further information through the Illinois Secretary of State's Office
> and/or the Illinois Attorney General's Office?
>
> Thank you for you time and proper guidance in this matter.
>
Without a name, it is meaningless !!
| |
| Le Modern Caveman 2005-03-14, 5:50 pm |
| Your Seduction Mafia at work Michael.
Under RICO, the acts of *any* member of a RICO enterprise can cause
liability for *all* of its members.
Anyone can sue the USCF. Buy my cybersheet kit and I'll show you how.
BarbaraVilliers
http://www.cybersheet.com/easy.html
Seduction Made Easy. Get this book FREE when you buy participating
affiliated books!
http://www.cybersheet.com/library.html
The Seduction Library. Four free books to get you started on your
quest to get laid.
Don't buy anything from experts who won't debate on a free speech forum
| |
| parrthenon@cs.com 2005-03-15, 3:50 am |
| <You might first direct him to the accounting department staff to make
his request.> -- Grant Perks
Dear Grant,
The person in question, who is seeking
guidance on how to obtain information from the USCF,
undoubtedly read your message online.
(Before continuing and while I have the Perks' ear: is there
an official estimate from a builder for the cost of the new building in
Cross-to-Bear and what is the name of the contractor?)
But to continue: You propose that this
person contact the USCF accounting department, but I
would suggest that he will then be told that the Board
must release the information.
A waste of time. Still, this individual may
do just that -- providing the EB an extra day or two
of grace.
Meanwhile, we still do not have the detailed
cost estimates of the move to Cross-to-Bear.
On January 25, Tim Hanke said he would have to
get permission of his fellow Board members, and Randy
Bauer recently said he needs permission from Tim and
Beatriz Marinello. We call that the runaround.
And, to be sure, we still do not have the
detailed cost estiamtes of the move to Cross-to-Bear.
| |
| Omnisexual Caveman 2005-03-15, 5:54 pm |
| Free memberships for the mentally challenge people?
Barbie Villiers
http://www.cybersheet.com/easy=AD=AD.html
Seduction Made Easy. Get this book FREE when you buy participating
affiliated books!
http://www.cybersheet.com/libr=AD=ADary.html
The Seduction Library. Four free books to get you started on your
quest to get laid.
Don't buy anything from experts who won't debate on a free speech forum
| |
| Grant Perks 2005-03-15, 9:50 pm |
|
Dear Larry,
Actually, I asked him to cite the applicable statue that requires the
USCF to disclose such information.
With regard to cost estimates for the building, my understanding is
that a general contractor has not been selected yet.
The board has done its due diligence with regard to the move, a move
budget was calculated and the numbers from the budget were plugged into
a rather conservative cash flow projection. The USCF will survive the
move with cost savings quickly showing an impact on the bottom line.
While I was not a supporter of the move, I do see that the move will
have a positive effect on the financial health of the USCF.
Grant Perks
parrthenon@cs.com wrote:
quote:
> <You might first direct him to the accounting department staff to
make
quote:
> his request.> -- Grant Perks
>
>
> Dear Grant,
>
> The person in question, who is seeking
> guidance on how to obtain information from the USCF,
> undoubtedly read your message online.
>
> (Before continuing and while I have the Perks' ear: is
there
quote:
> an official estimate from a builder for the cost of the new building
in
quote:
> Cross-to-Bear and what is the name of the contractor?)
>
> But to continue: You propose that this
> person contact the USCF accounting department, but I
> would suggest that he will then be told that the Board
> must release the information.
>
> A waste of time. Still, this individual may
> do just that -- providing the EB an extra day or two
> of grace.
>
> Meanwhile, we still do not have the detailed
> cost estimates of the move to Cross-to-Bear.
>
> On January 25, Tim Hanke said he would have to
> get permission of his fellow Board members, and Randy
> Bauer recently said he needs permission from Tim and
> Beatriz Marinello. We call that the runaround.
>
> And, to be sure, we still do not have the
> detailed cost estiamtes of the move to Cross-to-Bear.
| |
| parrthenon@cs.com 2005-03-16, 3:51 am |
| TO PERKS AND INNES
Due Diligence?
<Actually, I asked him to cite the applicable statue that requires the
USCF to disclose such information.> -- Grant Perks
First to Grant Perks: The USCF is legally obligated to open books to
members for inspection according to Illinois not-for-profit statutes
(where it was incorporated).
805 ILCS 105/) General Not For Profit Corporation Act of 1986.
ARTICLE 7. MEMBERS
Sec. 107.75. Books and records.
"a) Each corporation shall keep correct and complete books and
records of account and shall also keep minutes of the proceedings of
its members, board of directors and committees having any of the
authority of the board of directors; and shall keep at its registered
office or principal office a record giving the names and addresses of
its members entitled to vote. All books and records of a corporation
may be inspected by any member entitled to vote, or that member's agent
or attorney, for any proper purpose at any reasonable time."
The organization's long record of secrecy is such that many of those
who have held power evidently believe that whatever the legalities may
be, there is certainly no obligation to tell the members very much.
We still have none of those famous detail cost estimates of the move to
Cross-to-Bear.
Your understanding and my understanding coincide: no building
contractor has been selected for the structure in Cross-to-Bear, though
cost estimates coming from Board members have escalated. TRANSLATION:
This Board decided to move to Cross-to-Bear without even undertaking a
detailed study of the cost of erecting a replacement building.
Right now, the situation is that the new building is
officially expected to cost about $550,000 for a space less than half
of the old building in New Windsor. One insider stated that the cost
may rskyrocket to $650,000. he sky appears to be the limit with no
clear idea of what the real cost will eventually become.
Yet you claim that the Board has done "due diligence" for this
move to
Cross-to-Bear. Well, that may be one of the issues coming out in
depositions. If, as you say, the cash projections were ever so
conservative, then I trust you can tell us that the money raised from
selling the building will not be used to fund a cash crunch.
You also say that the USCF "will survive" this move and that
there will be these savings. Yet without any real idea of what the
move will cost and what the future costs will be in Cross-to-Bear,
this claim has a hollow ring.
Meanwhile, we still do not have the suppressed detailed cost
estimates of the move to Cross-to-Bear.
Secondly, to Phil Innes:
I find your call to discuss what the 10 or 20 people down in
Cross-to-Bear might do in the scheme of things for the U.S. chess
future to be ... deeply
depressing.
Frankly, Phil, they will be doing very little and likely not for
very long. The Federation is literally being deconstructed before our
very eyes.
The stonewalling from the Board majority, the suppressed cost
estimates for the move, the whole mess,, the rotten and dirty contract
with Famished architect Phil Elmore, tell us that "due diligence" is
being paid out to many outstretched palms.
There are personal agendas heaped upon personal agendas regarding
this move. The politicos are clawing at the scraps. Someone will end
up in a year
or so making an offer to purchase the Federation and that person or
group will be allied with the current Board majority.
And so it goes.
| |
| Grant Perks 2005-03-16, 5:55 pm |
|
parrthenon@cs.com wrote:
quote:
> TO PERKS AND INNES
>
> Due Diligence?
>
> <Actually, I asked him to cite the applicable statue that requires
the
quote:
> USCF to disclose such information.> -- Grant Perks
>
> First to Grant Perks: The USCF is legally obligated to open books to
> members for inspection according to Illinois not-for-profit statutes
> (where it was incorporated).
>
The USCF's books and records are open to voting members. Those records
are currently housed in the USCF's Tennessee office at 65 East St,
Crossville. The USCF has never denied anyone access to the official
records.
quote:
> 805 ILCS 105/) General Not For Profit Corporation Act of 1986.
>
> ARTICLE 7. MEMBERS
>
> Sec. 107.75. Books and records.
>
> "a) Each corporation shall keep correct and complete books and
> records of account and shall also keep minutes of the proceedings of
> its members, board of directors and committees having any of the
> authority of the board of directors; and shall keep at its registered
> office or principal office a record giving the names and addresses of
> its members entitled to vote. All books and records of a corporation
> may be inspected by any member entitled to vote, or that member's
agent
quote:
> or attorney, for any proper purpose at any reasonable time."
>
>
> The organization's long record of secrecy is such that many of those
> who have held power evidently believe that whatever the legalities
may
quote:
> be, there is certainly no obligation to tell the members very much.
>
> We still have none of those famous detail cost estimates of the move
to
quote:
> Cross-to-Bear.
I am not sure why members or the general public need to know the
details of estimated cost. Yes, there are allocations for new
equipment, moving of office records and other assets, severance pay,
etc.
Isn't knowing the overall total estimate good enough?
quote:
>
> Your understanding and my understanding coincide: no building
> contractor has been selected for the structure in Cross-to-Bear,
though
quote:
> cost estimates coming from Board members have escalated.
TRANSLATION:
quote:
> This Board decided to move to Cross-to-Bear without even undertaking
a
quote:
> detailed study of the cost of erecting a replacement building.
I believe the architect has estimated the total cost. The estimate I
have seen is within published per square foot cost.
quote:
>
> Right now, the situation is that the new building is
> officially expected to cost about $550,000 for a space less than half
> of the old building in New Windsor. One insider stated that the cost
> may rskyrocket to $650,000. he sky appears to be the limit with no
> clear idea of what the real cost will eventually become.
>
> Yet you claim that the Board has done "due diligence" for
this
quote:
> move to
> Cross-to-Bear. Well, that may be one of the issues coming out in
> depositions. If, as you say, the cash projections were ever so
> conservative, then I trust you can tell us that the money raised from
> selling the building will not be used to fund a cash crunch.
>
Again, without knowing all of the details that went into the board's
decision to move to Crossville, I was against the move. But, with
regard to the building in New Windsor, estimates were in the range of
$80,000 for needed repairs. Additional parking space would have to be
found if we were to stay in the same space, as the parking lot only had
room for nine cars.
quote:
> You also say that the USCF "will survive" this move and that
> there will be these savings. Yet without any real idea of what the
> move will cost and what the future costs will be in Cross-to-Bear,
> this claim has a hollow ring.
>
Again, the board has a good handle on the total cost of the move. If we
don't have enough trust in our elected officials, then we should vote
them out in the upcoming elections.
quote:
> Meanwhile, we still do not have the suppressed detailed cost
> estimates of the move to Cross-to-Bear.
>
The details contain personnel information. I really don't think this
needs to be disclosed to make the general members of the USCF more
comfortable about the move.
quote:
> Secondly, to Phil Innes:
>
> I find your call to discuss what the 10 or 20 people down in
> Cross-to-Bear might do in the scheme of things for the U.S. chess
> future to be ... deeply
> depressing.
>
> Frankly, Phil, they will be doing very little and likely not
for
quote:
> very long. The Federation is literally being deconstructed before
our
quote:
> very eyes.
Reconstructed actually. One of the benefits of the move is that the
board has rethought the office structure. Members will soon be seeing a
better, more timely service from the office.
quote:
>
> The stonewalling from the Board majority, the suppressed cost
> estimates for the move, the whole mess,, the rotten and dirty
contract
quote:
> with Famished architect Phil Elmore, tell us that "due diligence" is
> being paid out to many outstretched palms.
>
> There are personal agendas heaped upon personal agendas
regarding
quote:
> this move. The politicos are clawing at the scraps. Someone will end
> up in a year
> or so making an offer to purchase the Federation and that person or
> group will be allied with the current Board majority.
>
> And so it goes.
| |
|
|
<parrthenon@cs.com> wrote in message
news:1110941464.045712.269950@g14g2000cwa.googlegroups.com...
quote:
> First to Grant Perks: The USCF is legally obligated to open books to
> members for inspection according to Illinois not-for-profit statutes
> (where it was incorporated).
>
> 805 ILCS 105/) General Not For Profit Corporation Act of 1986.
>
> ARTICLE 7. MEMBERS
>
> Sec. 107.75. Books and records.
>
> "a) Each corporation shall keep correct and complete books and
> records of account and shall also keep minutes of the proceedings of
> its members, board of directors and committees having any of the
> authority of the board of directors; and shall keep at its registered
> office or principal office a record giving the names and addresses of
> its members entitled to vote. All books and records of a corporation
> may be inspected by any member entitled to vote, or that member's agent
> or attorney, for any proper purpose at any reasonable time."
I reflect back one of my classes in corporate law. Any shareholder has those
same rights in a for-profit entity. The classroom discussion was when is it
a legitimate request and when is it a nuisance. And it is up to the
requester to show that the request is reasonable. If it is a nuisance you
can ignore the request. Also, specifics like individual salaries do not have
to be disclosed. I'm sure our guardhouse lawyers here will explain why your
point for inspection is reasonable. What was your point?
| |
| parrthenon@cs.com 2005-03-17, 3:51 am |
| DECONTRUCTION OR RECONSTRUCTION?
Mr. Perks alleges that theUSCF is being reconstructed rather than
deconstructed. He spoke of how if we don't trust our leaders, then we
should vote to change them (though what this argument has to do with
transparency, I can't tell). He claims the Board had a great grip on
the costs, though he couldn't say much about why a move has been
decided upon without any clear understanding of what the new building
would cost, with estimates nearly doubling or running still higher than
earlier ones.
And he spoke about renovation costs of roughly $85,000 for the New
Windsor building and a lack of parking space. This last little bit is a
hoot for those of us who worked there. Parking was adequate and did
not require the real estate office parking next door. The idea that
Cross-to-Bear and the enormous costs have something to do with a
parking shortage is typical of the kind of stuff adduced in support of
this move.
See my further comments in multiple brackets below.
[[[[GRANT PERKS WROTE]]]]]
Actually, I asked him to cite the applicable statue that requires the
USCF to disclose such information.
[[[[[LARRY PARR WROTE]]]]]
I did. cite the applicable statute from the Illinois not-for-profit
statutes.
[[[[[MR. PERKS WROTE]]]]]
The USCF's books and records are open to voting members. Those records
are currently housed in the USCF's Tennessee office at 65 East St,
Crossville. The USCF has never denied anyone access to the official
records.
[[[[[LARRY PARR RESPONDS}}}
Not exactly true. When GM Lev Alburt was a board member, he was
denied access to financial information that he formally requested.
At any rate, we are now told that members must travel to Crossville
and perhaps stay several days as requests are processed by the office
and the Board. Otherwise, fohgeddaboudit. And perhaps, fohgeddaboudit
in any case, if the request is just considered to be a nuisance. The
idea that the leaders would tell
the MEMBERS what the costs are for the move to Cross-to-Bear is a
foreign concept to this crew, which is now evidently hunkering
down.]]]]
[[[[[LARRY PARR WROTE]]]]]
The organization's long record of secrecy is such that many of those
who have held power evidently believe that whatever the legalities may
be, there is certainly no obligation to tell the members very much. We
still have none of those famous detail cost estimates of the move to
Cross-to-Bear.
[[[[[GRANT PERKS RESPONDS]]]]]
I am not sure why members or the general public need to know the
details of estimated cost. Yes, there are allocations for new
equipment, moving of office records and other assets, severance pay,
etc. Isn't knowing the overall total estimate good enough?
[[[[LARRY PARR RESPONDS:]]]]
We have not even received the overall estimates, just a rough
figure of $150,000 to $200,000 blithely tossed out by Randy Bauer.
Personnel costs can be lumped
together in a way not to violate privacy, so that implication (which
came a bit later in a part of the message that I truncated) is a red
herring. All we have been told is what Randy Bauer thinks, and he did
not itemize to state what was and was not included in his estimates.
Members have requested the information because there are concerns
about the costs of the move to Cross-to-Bear. If everything is just
hunky-dory, then there is nothing to hide. MEMBERS should be able to
see the original contract awarded to Phil Elmore, the Cross-to-Bear
hungry architect. Members should be told whether Harry Sabine vetted
the original Elmore contract and is a friend of Phil Elmore's. Or what
the new contract says. Is it cleaner than the earlier one? Is the
architect's $60,000 fee or whatever it may be right now included in
those cost
estimates?]]]]]
[[[[[LARRY PARR WROTE]]]]]
Your understanding and my understanding coincide: no building
contractor has been selected for the structure in Cross-to-Bear, though
cost estimates coming from Board members have escalated.
TRANSLATION: This Board decided to move to Cross-to-Bear without even
undertaking due diligence or a detailed study of the cost of erecting a
replacement building.
[[[[[GRANT PERKS WROTE]]]]]
I believe the architect has estimated the total cost. The estimate I
have seen is within published per square foot cost.
[[[[[LARRY PARR RESPONDS: The architect's estimates appear to vary
widely. We were told that the building would cost $300,000 to
$350,000, and we are now told it might be $550,000 for a space LESS
THAN HALF the size of the New Windsor building, which was sold for
$515,000. Those costs per square foot are sure high down thar in
low-expense Tennessee!]]]]]
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