Treasurer Timeline

In an attempt to bring the facts to ARC Members, the BOD has decided to post a timeline of facts concerning our Treasurer position.

The latest amendments to the ARC Constitution and Bylaws became effective February 25, 2008. Article III, Section 4, paragraph 2 states: “The Secretary shall keep a voting record of each Board Member. Any Board Member who fails to vote on at least 75% of all Board issues submitted within a 6 month period, shall be automatically removed from the Board.”

8/24/08: President Chaney sent a private e-mail to Treasurer Lopez giving her a “heads up” that her voting record had fallen below the 75% margin per our Bylaws.

Between August 24, 2008 and September 9, 2008 there were 9 motions and a Board ballot for the 2009 ARC Nominating Committee. Each were addressed and voted upon by the BOD. Despite being given a heads up of her voting record, former Treasurer Lopez chose not to vote on 5 of these.

9/9/08: Via a telephone call, President Chaney informed Treasurer Lopez that her voting record was below 75% and she was immediately removed as Treasurer.

9/9/08: President Chaney sent a certified letter to Treasurer Lopez requesting that all ARC property be sent to her within seven days.

9/27/08: The BOD, by a vote of 6 to 2, selected Marilyn Piusz as the new interim treasurer.

9/30/08: President Chaney sent a letter to Jay Hyman, Esquire, Ms. Lopez’s attorney, requesting all ARC property be returned to new Treasurer Piusz by October 10, 2008 or the BOD would take further action.

So that you understand the practice, each time a motion is voted on, Secretary Shibley sends the motion with results to the entire Board. Before the 10th of each month Secretary Shibley sends to the BOD once again the complete listing of motions that she is sending to the webmaster to be placed on the website. Each BOD member is also required to print out this copy and sign it and return to the Secretary for her files. This gives a BOD member three times to notify the secretary if there is an error in how their vote was recorded. Ms. Lopez did not notify Secretary Shibley of any errors.

10/04/08: By a vote of 7 to 2, the BOD approved “Whereas on 9/9/2008 a letter was sent certified mail to Lynn Lopez setting a deadline of 9/18/2008 to return all ARC financial records and property to the President (with no response) and a letter dated 9/30/2008 was emailed to Lynn Lopez on 10/1/2008 setting a deadline of 10/3/2008 at 5:00 p.m. to advise the Board of The American Rottweiler Club whether she would return any and all records, documents and property to the Treasurer Marilyn Piusz (deadline passed and no response) it is hereby MOVED that Lynn Lopez is to return by the fastest means possible, to Marilyn Piusz at the address for Mrs. Piusz as shown in the current ARC membership roster all documents, records and ,material in her possession or under her control related in any way to the finances of the American Rottweiler Club, whether historical or current, including but not limited to: bank records, bank statements, canceled checks, financial reports of any kind, budgets, ledgers, receipts, emails or faxes or correspondence to or from any financial institutions related to the American Rottweiler Club, signature cards, access codes, all correspondence in any form to or from Ed Sledzik (ARC paid CPA), and any computer programs (QuikBooks, Quiken or the like) and/or data that in any way stores or manipulates other data regarding treasury or banking information or numbers for ARC accounts. If it relates to the American Rottweiler Club Finances in any way, past or present, and in the possession, custody or control of Lynn Lopez, it shall be returned. The deadline for returning, in hand, the above described categories of material is no later seven (7) consecutive calendar days from the earlier date of EITHER Ms. Lopez' notification of the passing of this motion, by email to all known email addresses, OR the date she receives notice from the USPS that she has a Certified Mail Return Receipt letter.

10/13/08: 11:30 PM, Director Karen Sims resigned because she was unable to continue to participate as a dedicated member of what she perceived as a dysfunctional Board.

10/13/08: 11:30 PM, Director Lester Cerana resigned, stating that after extended conversation with a parliamentarian and legal counsel, he determined in good consciousness that he could not continue to serve on the Board.

10/17/08: The BOD, by a vote of 4 to 3, very regretfully accepted the resignation of Director Sims.

10/17/08: The BOD, by a vote of 6 to 1, very regretfully accepted the resignation of Director Cerana.

10/26/08: The BOD unanimously approved “to retain, on behalf of the Officers and Directors of the American Rottweiler Club Inc., as the official representatives of the Club, the firm of Brassel, Baldwin, Kagan & May P.A., for the purpose of obtaining the lawful return of ALL ARC club property from Lynn Lopez. This property shall include, but is not limited to: QuickBooks files, bank statements, checkbooks, club membership and other confidential information. Property is to be returned to the ARC Treasurer, Marilyn Piusz. All means of legal return efforts shall be exhausted; however expenditures for litigation shall be pre-approved by the Board. Funds to be expended for the initial work shall not exceed $1000 and will be paid from the general fund. Jeff Shaver will serve as the Boards' representative with the firm and is authorized to sign the contract. All communication between the ARC Board and the firm shall remain confidential and privileged.”

10/30/08: Jim Runck was appointed, by a unanimous vote, to fill the vacated position of Director Cerana.

10/30/08: Lu Castro was appointed, by a unanimous vote, to fill the vacated position of Director Sims.

11/04/08: By a unanimous vote, the BOD approved “numerous informal attempts to obtain an amicable return of ARC financial records and club property from the club's former Treasurer having failed, to authorize retained counsel to proceed with legal action to procure from former Treasurer Lynn Lopez, the property of the ARC, namely all financial documents and records in her possession or under her control. Attorney Fees remain as previously approved at $150.00 per hours for this course of action, to be capped at 10 hours and to be paid from the ARC general fund.”

The Board is extremely disappointed that it has come to this. But the unfortunate fact is that the Club has been forced to resort to unnecessary expenditures to obtain return of its property in order to move forward with Club business.

This current Board would like to move forward to serve the membership in the way we were elected. We appreciate the opportunity to set the facts straight for those interested in knowing them.

The ARC Board of Directors