Rules committee takes up disqualifiers for board posts

BELLA VISTA — The Property Owners Association’s Rules and Regulations Committee discussed a change to Article 3, Section 1, after a suggestion was made by several board members, according to committee chairwoman Teah Bidwell. The committee met on Tuesday, before Thursday’s board work session.

The new language would exclude convicted felons and sex offenders from serving on the board of directors. Also, a director who has been “removed for cause” would be prohibited from running for the board for three years.

Bidwell said if a director is removed for cause, there’s clearly a reason why. It would be awkward for the entire board if someone who was removed, returned to the same board, knowing other board members had chosen to remove him. She said she would rather see the prohibition last one year rather than three.

Jerre Baron said, in his work experience, it proved counter-productive to bring back a former committee member who was removed.

Mary Sinkus pointed out that a former board member might use confidential information received as a board member in an election campaign. If three years had passed, that information wouldn’t be as relevant.

Attorney Doug McClure pointed out that board members would still be expected to keep any information confidential if they are removed from the board, although enforcement might be difficult.

General Manager Tom Judson said that remaining board members often are bound by confidentiality after one of their peers has been removed but the member who was removed can say anything. A former member could circulate a false story about the incident. That can make it even more difficult to reintegrate a former member.

The committee agreed to recommend the change to the full board.

READING LETTERS

Policy 1.07 is about board meetings. During virtual meetings, letters from the membership are read out loud in lieu of open forum. Some of those letters can be attacks on certain board members and the committee was asked if there was a way to change the policy so that some letters are not read out loud.

“Who would judge those letters?” Sinkus asked. “How do you decide what’s nasty? What’s threatening?”

“If someone sends an email, we should read it,” Bidwell said but added that she sees no value in just being detrimental to someone.

Speaking from the audience, board chairman David Brandenburg said the nasty emails reflect on the writer more than the target. People get fed up with that type of stuff, he said.

McClure suggested the committee that puts together the agenda, the chairman, the vice-chairman and Tom, could decide if a letter would be read.

After the discussion, the committee agreed not to recommend the change.

“Let them speak their piece in person or in email,” Sinkus said.

Bidwell said the full board could consider the issue if problems arise.

AMENITIES AVAILABLE TO NONMEMBERS

Policy 3.04 lists the amenities open to nonmembers, but the disc golf course at Branchwood was not included. The Recreation Committee manages the disc golf course, Bidwell said, and she doesn’t believe it was ever discussed.

The golf staff is not involved at Branchwood, Judson said, but the golf rules have been applied.

The Recreation Committee approved a tournament, Judson reminded them, but the ongoing use should be discussed. The walking path was built for the membership only, but when the disc golf course was added, it effectively opened the path to nonmembers.

Sinkus reminded the group that nonmembers helped design and build the course. They also help with maintenance. It’s not a large number of people, she said.

Bidwell suggested that nonmembers probably know a member who can get them a guest pass.

She said the decision should be made by the full board, and Judson said the discussion should begin at the next general meeting which is closed to the public.

POLITICAL ENDORSEMENTS

Another policy, 9.04, regulates board members and management endorsing political candidates. The committee was asked to consider adding all employees and volunteers to the policy, but the committee felt that was

unnecessary. McClure also had concerns about infringing on the employees’ rights.

No one can use the association databases for political purposes, Judson said, answering a question. But some volunteers see emails that are directed to the association and may use those email addresses. It’s a gray area, he said.

The committee agreed to add another section to policy 9.04 that would prohibit the use of emails collected through the association site for political purposes. McClure agreed to write a suggested policy for the committee to consider.

NONRESIDENT MEMBERS ON BOARD

A member asked the board to change the qualification for board members to prohibit nonresident members to serve on the board.

“That’s not really right,” Barron said. Nonresident members are still members. They pay assessments too.

Judson said there are a significant number of unimproved property owners who need to be represented on the board. Since the board has been meeting virtually, even a member who lives out of state could participate easily.

Sinkus, who is a nonresident member, recused herself from the discussion.

The same resident suggested that when the board has the opportunity to appoint a member, it should choose someone who has run for the board within the earlier three years.

Although the more recent member appointed, Mike Abb, ran for the board before being appointed, other recent appointees have not, Judson said.

McClure asked what would happen if no former candidates expressed an interest in a vacant board seat.

“You want to make sure you get the most qualified person possible to fill that position,” Judson said. “Narrowing the field might not be a good idea.”

Bidwell said that board member Sandy Fosdick also had a suggestion. She suggested vacancies that happen during the election season should be filled by the candidate who didn’t make it onto the board but did receive the most votes. If that candidate didn’t want it, it would be offered to the candidate who had the next highest number of votes.

Sinkus suggested the committee should table the discussion until the next Rules and Regulations meeting, which is scheduled for Tuesday at 4 p.m.

The new language would exclude convicted felons and sex offenders from serving on the board of directors. Also, a director who has been “removed for cause” would be prohibited from running for the board for three years.