FPLOA is non profit corporation in accordance with Colorado Law.
On 10/6/2012 a person was appointed by an executive session of the FPLOA Board to fill the remaining term of an elected director who had resigned. The director who had resigned was ELECTED BY THE LANDOWNERS, which meant that, even though APPOINTED by the then sitting board, the newly appointed director could only be REMOVED by a vote of the landowners. This is in accord with the Colorado non profit statutes quoted below.
The appointed Director was then subsequently removed on 11/15/2012 by a vote of 3 to 1 of the other directors. This action will be shown below as contrary to not only our bylaws, but also the Colorado Nonprofit Statutes.
Now there is a proposed change to the FPLOA bylaws posted on the website under FPLOA Board, proposed change to Article 6.... This change would ALLOW removal of an appointed Director in the manner that was done on 11/15/2012. This means that in the future any appointed director may be removed by a majority vote of the other Board members. This will lead to a “yes man” only BOD.
If the removal of an appointed Director by a 3 to 1 vote was PROPER on 11/15/2012, then WHY DOES FPLOA NOW NEED the proposed bylaws revision ??? This Brings up the question of whether FPLOA is trying to retroactively justify the actions of 11/15/2012.
The proposed bylaws change is not reproduced here as the FPLOA website is copyrighted. The reader should view this somewhat unclear language for themselves. Readers who do not access the website should request a copy of this proposed change be emailed or snail mailed to them (719-379-3000).
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The FPLOA website now has an “urgent warning” insinuating that any group contacting landowners has obtained email addresses from FPLOA. Email addresses may be obtained by accumulation over a few years correspondence by groups of people. Landowners name and street addresses are a matter of Costilla County Public record and are legally obtainable. From Name and street address one can obtain email addresses (for a fee each) by any one of a number of search engine utilities.
Forbesfactualupdate also has an “Opt Out” option in the bottom of their eMails.
BACKGROUND INFO:
Colorado Revised Nonprofit Corporation Act 7-121-137
7-121-101. Short title. Articles 121 to 137 of this title shall be known and may be cited as the "Colorado Revised Nonprofit Corporation Act".www.i55mall.com/FMF/co121.html - Cached
7-128-108. Removal of directors.
(f) A director elected by the board of directors may be removed with or without cause by the vote of a majority of the directors then in office or such greater number as is set forth in the bylaws; EXCEPT that a director elected by the board of directors to fill the vacancy of a director ELECTED BY THE VOTING MEMBERS may be removed without cause by the VOTING MEMBERS, BUT NOT THE BOARD OF DIRECTORS.
FPLOA SECTION 6 of BYLAWS REGARDING DIRECTORS
Article VI- Directors: Nomination; Election; Removal/Replacement
2. Removal and/or Replacement.
A director may be removed from the Board by a majority vote of the Members, and, in the event of removal, resignation, or death of a Director, a successor shall be appointed by the remaining Director or Directors. A Director appointed to fill a vacancy shall serve for the UNEXPIRED TERM OF HIS PREDECESSOR IN OFFICE.
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OPT OUT CHOICE:
It is “the groups” sole intention to present the “other side of the story” regarding FPLOA in a respectful manner as there are quite often two sides to a situation. If you do not wish to receive these communications, simply respond to this email with a request to remove you from “the groups” list
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