Leisure World: ongoing censorship/publication denied

Point-Blank©-slk

Just for the record:

Pointing out (2) recent violations of the State of Maryland HOA Act and Leisure World Board of Directors "Standing Rules", this correspondence was submitted for publication in the upcoming (2/23/21) LW BOD agenda packet.

When asked why it was not published-

LW BOD Exec. Sec. Henry Jordan wrote: "it was disparaging and demanding in tone which was IN response to a dialog between two individuals", and that (Marks) does not have to remove himself from "special committees".

Publication was denied.

From: admin@justus.group
Subject: #1. re: 2/11/21 - unanimous vote to hold closed session in Special Strategic Planning sub-committee meeting/ #2" violation(s) of LW BOD standing rule -LWCC Board Chair
Date: February 11, 2021 at 10:01:02 PM EST
To: henry jordan <hjordanvpe@aol.com>, crystal castillo <ccastillo@lwmc.com>, phil marks <psmarks2@gmail.com>
Cc: lwboard@justus.group, "LW Exec. Committee" <execcomm@lwmc.com>, "justus@justus.group" <justus@justus.group>, tmo@justus.group, "lwdogs@justus.group" <lwdogs@justus.group>, "lwgreen@justus.group" <lwgreen@justus.group>, strategicplanning@justus.group

for publication in the Feb. 23, 2021 LWCC BOD agenda packet.

#1: re: Motion to hold closed session:

Upon opening the 2/11/21 (LW) Special Strategic Planning Committee meeting, newly appointed chair Tim Carrico requested a motion for a “closed session for just members - to "bring them up to date on the thus far received applications for new members.” (Committee member) Art Popper said "there is a statement that had to be made”, identifying that committee member (and Chairman - LW BOD) Phil Marks knows the motion wording "by heart”. Marks asked Carrico to "say another word about what the reason for a closed meeting” - Carrico said it was “personnel - membership on the committee.”

LW Exec. Committee (another multi-committee double dipping) member Patricia Hempstead added, “except it involves individuals and that I would think would qualify it.” Marks correctly identified that “personnel” means “employees”, proceeded to recite various closed-meeting qualifiers from the (non-relevant) Maryland Condominium Act - rather than the Maryland Homeowners Association Act. Hempstead said she thought "the 2nd thing you read out about reputations and so on” would pertain. Marks stated,“that’s what you should use 11-109.1 - sub “a" - sub “2”. He then moved the motion-seconded by Hempstead - the unlawful motion was unanimously approved by all of the other sub-committee members present.

Prior to closure - (during open forum), identifying that the correct reading of the law resides (NOT the CONDO Act) but in the Md. HOA Act *(as seen herein below) - holding a closed meeting to discuss publicly solicited LW resident membership applications -would be a violation of law - and suggested that a way to handle the matter would be, to- without identifying the applicants by name- include an open meeting discussion of the applicants credentials and comments included on their applications, and their relevance to the committee tasks.

The result was Carrico declaring, "lets abandon holding a closed session in light of the confusion over whether we should be holding a closed session and we’ll figure out how we want to circulate information so people can see information about the applicants in a valid way.”

*
§ 11B-111 - Meetings of homeowners association or its governing body
(1) Subject to the provisions of item (4) of this section, all meetings of the homeowners association, including meetings of the board of directors or other governing body of the homeowners association or a committee of the homeowners association, shall be open to all members of the homeowners association or their agents;
(4) A meeting of the board of directors or other governing body of the homeowners association or a committee of the homeowners association may be held in closed session only for the following purposes:

(ii) Protection of the privacy or reputation of individuals in matters not related to the homeowners association's business;
--------------------------------------------------------------------------------

#2. LWCC Standing Rules re: Board Chair & Vice Chair “shall not service on any advisory committee"

On January 8, 2021 - The LWCC BOD “elected” Phil Marks as Chairman-LWCC BOD.

Until then, Mr. Marks was a member, Chair and Vice Chair of multiple LWCC advisory committees.

As seen herein below* - the LW BOD Standing Rules - #3.3. precludes the Chair and Vice Chair from being members of any advisory committees.

When being a member of this Committee was brought to his attention today, Mr. Marks said that he has "resigned from all advisory committees” and “this is not an advisory committee” - "this is a subject that has come up for the first time" and that he has to “play this one by ear. Asking “what ear?” —he answered, "when i find it i’ll tell you.”

I suggested - "It might be wise for you to act as a liaison rather than as a member.” Marks responded: "we’ll see how this plays out” - I said, “while you are being very helpful to the committee, I think it’s in violation of the standing rules.”

including: conduct open meetings, hold an open forum before a vote and prior to meeting closure, provide regular reports to the LWCC, publish an agenda and meeting minutes.

It is noted that Mr. Marks also continues as a member of the LWCC Special Personnel Committee - which is responsible for recommending an agency to advertise for, interview and recommend contracting a new General Manager - all while holding the position of LWCC Board of Directors Chairman.

Mr. Marks must resign immediately from any/all LWCC committees.

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