by Anonymous OB Lawyer
Since this would appear to be an interpretation of an organization’s bylaws…I would want to know more about what the definition of “work” in OB means. Is there a further definition of what “work” means. Does it indicate that a person must work for a business that has a property and license in OB? If the bylaws are silent on this, then it really isn’t a stretch to say that Frank might qualify as “working” in OB.
In a civil court of law…making an argument that a PO Box doesn’t count would be a very very weak argument. The intent for establishing a business in OB obviously there. It would be on the side of the prosecutor to prove a lack of intent.
All credentials aside, any organization can chose to ignore its own bylaws…at the ultimate check and balance of its own members. If the members lose faith in an organization, then they will “vote” of a loss of confidence by simply not joining.
IMO, since the Town Council has historically only had a membership of approx 100 people (of the potential 25K that live in 92107), it sounds as if the constituents of OB have been “voting” for a lack of confidence for quite some time. Further evidenced by the lack of positive comments here in defense of them and only the very obvious hate filled comments simply directed at Frank. That is a telling tale.
Lastly….it IS odd that an organization would make such a last minute decision on an election procedure. Most organizations that abide by Roberts Rules allow for a check and balance of the election procedure through the certification of election results at a follow up meeting. That is usually why after the votes are tabulated that the results are almost always “unofficial” until the assembly certifies the results with a majority vote. This is by design to allow for the group to voice opinion of potential impropriety. It isn’t clear why the Town Council would make such a last minute call when they probably already have a procedure to check and balance such an issue. Regardless of their intent….it is clearly being perceived as a move against the individual and certainly not to “uphold its values”. In any event, I’ve yet to see an official comment from the Council on this.
In any case….Frank should “demand” the election procedure that have been approved by the Town Council for this year’s election. My guess is that it is full of other holes that haven’t been upheld as well. I would also demand to see the candidate applications of the others to see if there are any discrepancies with their applications that have been ignored.
Tell me again, just so I have it straight — Would Frank’s seat take away the opportunity for someone else who is running? Why would a volunteer organization tell someone they can’t help out if no one else is even running? That seems to point back to the “these people hate Frank” theory.