OB Lawyer Rant: Town Council motives to bar Gormlie should be questioned

by on August 25, 2010 · 13 comments

in Civil Rights, Culture, Ocean Beach, Organizing, Reader Rant

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.

{ 13 comments… read them below or add one }

Murna August 25, 2010 at 6:40 pm

wow…just keep fuelin that fire of hate…
how convenient to write as an “anonymous lawyer”! Maybe we should hear from one who’s not afraid to give their name… if you even are a lawyer.


La Playa Heritage August 25, 2010 at 7:26 pm

All this Hate towards Mr. Gromlie seem like the same people who are bashing the homeless in a news article on the Ocean Beach Homeless meeting by the local churches in today’s UT.

The Ocean Beach Town Council does their work out of a PO Box in the same OB Post Office as Mr. Gromlie.


Frank Gormlie August 26, 2010 at 6:41 pm

Thanks La Playa for your support (and BTW it’s “Gormlie” – but no worries – I’d rather have a supporter who misspells my name than an opponent who knows how.


Patty Jones August 25, 2010 at 10:05 pm

Just an update… I am totality not surprised, but even after supplying the Town Council with a lease agreement with a 92107 zip code for the “business” of the OB Rag, they refused to allow Frank to run for the board because he didn’t have it yesterday.

One other candidate dropped out of the running so there were only 6 candidates for 7 open seats. But hey, no problem, they can appoint someone to that seat, next month or whenever someone shows an interest.

Want to be on the Town Council, express your desire to them, if they like you they might let you in. All it takes is a majority vote!


Brenda McFarlane August 26, 2010 at 9:46 am

Since the OBTC by-laws remain private at this time, I suggest checking out Pacific Beach’s by-laws which are available to the public.

I believe the PB Toown Council by-laws are a good example of providing guidelines on how to deal with two issues at last night’s OBTC meeting: 1) how to handle a controversial issue and 2) membership qualifications.

Perhaps we might consider revising the OBTC by-laws to include a section similiar to the following paragraph in PBTC’s by-laws:

“Any motion made in a general meeting that is deemed a controversial issue may be tabled to allow for a mail-in ballot to include the entire membership. The President will recommend a mail-in ballot vote for the topic with approval by majority of board members present at the general meeting.”

Secondly, as to membership, PB’s membership requirements are the following:

“Qualifications–Any person over sixteen (16) years of age, firm, corporation, partnership, or estate, who lives, works, owns property, operates a business or has an interest in Pacific Beach may become a member by paying dues, unless previously suspended for other than non-payment of dues. Classes of membership and dues shall be prescribed by the Board of Directors and recorded in the Standing Rules.”

I think it is important to consider that there is precedent to allow for those with “an interest in Pacific Beach” to join. I believe such a provision would be appropriate.


Frank Gormlie August 26, 2010 at 10:17 am

Thank you, Brenda!!!!


BillRayDrums August 26, 2010 at 10:39 am

Why did some comments get deleted?


BillRayDrums August 26, 2010 at 10:58 am

Sorry….was looking at the wrong thread.


Ian Rammelkamp August 26, 2010 at 11:04 am


What exactly does the OBTC do? Do they just organize the events listed on their calendar?

Or do they do other stuff, too?


Frank Gormlie August 26, 2010 at 11:21 am

Pretty much, Ian. Plus you found that their website is way outta date. It lists 2009 events. Plus you couldn’t find their bylaws, could you? But because they are recognized by the City, the City uses them as their sounding board for announcements, etc.


Ian Rammelkamp August 26, 2010 at 3:02 pm

I don’t see why they wouldn’t want your help with planning those events. Also, why would your politics be any concern when it comes to such events?

It doesn’t seem like it is a political organization, so why would your political affiliation matter to them?


Frank Gormlie August 26, 2010 at 6:17 pm

I know, I know, Ian. Thanks for understanding that. Yet, as a representative body of a community, it does have an obligation to address issues of the community it says it represents, even if those issues have a political side to them.


Pat Herron August 27, 2010 at 12:00 am

I’d be amazed if anyone currently sitting on the OB Town Council has spent half as much time supporting this community as Frank has. Why would you want someone like him on the Town
Council? He’s only spent years publishing the OB Rag Blog,
helping with community events, organizing people when a problem needs to be solved, helping with cleanups, and anything else that goes on in OB.
Why should he be on the Town Council?


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