Submitted by Joe Bower – Member SOA Election Oversite Committee
Following is a copy of a letter submitted by myself to the SOA Board and the Transition Committee law firm, regarding conflict of interests with Board Candidates.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
From: 9180 Heritage Ridge Court – Reno – NV 89523 – October 26, 2012
To: Board of Directors
Somersett Owners Association
7650 Town Square Way
Reno, NV 89523-4847
And: Shiela Romero
Wolf, Rifkin, Shapiro, Schulman, & Rabkin, LLP
5594 Longley Lane
Reno, NV 89511
I bring to your attention in order that an immediate declaration can be issued declaring that the candidacies for the Somersett Board of Directors of Curtis Chan, David Hughes, and Raymond Lee are invalid and cannot stand. All owners need to be promptly told of the terrible blunder each has committed, as any votes cast for them are also invalid.
By indicating “No, I do not have a potential conflict of interest” on their Board Candidate Statement Form, each of these candidates has intentionally and negligently failed to disclose that their being on the Board while simultaneously being a member of the Somersett Golf and Country Club misleads any reasonable person into believing that there is no conflict of interest as both entities do business with each other with that business affecting the financial assets of all association members.
Both the Transition and the Election Oversight committees of the Board and Wolf Rifkin as advisor to the Transition Committee need to declare these three candidacies are invalid even if due to time considerations they receive votes in the election. Further, if they are allowed to rescind their Candidate Statements and file new ones indicating, “Yes, I have a potential conflict of interest,” owners need to be so informed, say via a Mellissa Mail and a mysomersett web posting; and if subsequently elected, they must be formally notified in writing that they are to recuse themselves from any Board business relating to the Somersett Golf and Country Club (aka Club).
As Club members and members of the Board, they are inevitably in conflict when researching, analyzing, discussing, reviewing, and approving/disapproving anything relating to the mutual business of both entities whether the Club or Association is affected negatively or positively.
The easiest solution at this time is for these three candidates to withdraw their candidacies and announce that any votes cast for them are invalid and will not count. Of course they could cancel their memberships in the Club.
Thank you for your prompt attention to this matter.
Joe Bower – Member Somersett Owners Association
Member Somersett Owners Association Election Oversight Committee