HomeMy WebLinkAbout07/08/2003 Gunther R. Geis, PhA Southold, New York
2155 Long Creek 11971J
631 765 3255
ggeiss@optonline.net
July 8,2003
To: Southold Town Board
Re: North Fork Animal Welfare League
Supervisor Horton, Board members, I am Gunther Geiss of Southold, I am a
member of NFAWL and a founder of Sunshine and Fresh Air for Sheltered Animals
a grassroots group of NFAWL members determined to reform the-organization and
improve its services. I would like to draw your attention to issues regarding the
operation of the Town Shelter and the future of the operator, the North Fork Animal
Welfare League.
At the February 25, 2003 Town Board meeting I spoke on problems in the operation
and maintenance of the Town Shelter; and the need for a citizen oversight
committee. Specifically, I drew your attention to the League's failure to maintain the
Shelter; to their own descriptions of the'poor and unhealthy work conditions; to their
expenditures, then estimated at$20,000, to prevent competition for,Board seats;
their euthanizing of 22 dogs in 2000; false and misleading statements the League
made in election materials; and a sharp decline in reported data from daily logs of
activities (captures, surrenders, adoptions, euthanized animals, etc.)to one page
with two summary census tables. Recently Dorothy Wolf has written to express her
views on the need for such oversight. And, my wife, Carole, has written to each of
you regarding the failure of NFAWL to act to confine and examine two dogs found
near a brutalized defenseless pet goat, apparently killed by a neighbor's Rottweiler
dogs. NFAWL staff failed to act despite one dog found with blood on its muzzle.
Clearly, these dogs met NYS Ag & Markets rules for dangerous dogs.
Today I would like to draw your attention to changes that may take place in the
League, changes that may directly affect their contractual relationship with the
Town.
First, the League submitted its audited 2002 financial report to the Town Clerk in
March. That report reveals that the members, merchants and supporters generously
contributed $89,282. The taxpayers of Southold paid the League$140,039 to
operate the Town Shelter and provide dog control services. In that context, Note B
of the report states that the League spent$114,196 in 2002 on legal fees to prevent
certain members from running for seats on the Board of Directors. Worse, they
deferred payment of another$32,997 into 2003. Thus, the Directors spent$147,193 r
just to protect and retain their board positions in 2002. New York State Not-for-Profit
Corporation Law is clear that the corporation's assets may not be spent to
personally benefit individuals. We are urging members and supporters who agree,
that this expenditure of their contributions is inappropriate, and possibly illegal, to
complain to the Charities Bureau of the Attorney General's Office. Even if not illegal,
spending over 25% of NFAWL's bank account on legal fees that netted nothing is
imprudent!
Second, the League has since spent more on legal fees to have the Bylaws
amended and restated. We have written a detailed letter of objection to the League's
attorney, Pamela Mann, who, served for eleven years as the Chief of the Charities
Bureau until 1996. (The Charities Bureau is the state agency charged with
protecting the public against scams posing as charities, and administering the law
regarding charitable organizations.) I would like to make a copy of that letter part of
this record. Simply, we point out that the Bylaw restatement fails to include reference
to Robert's Rules of Order and thus offers no recourse for resolving issues not
covered in the Bylaws; the claim that restatement is necessary to bring the Bylaws
into conformance with the Corporate Charter is false since the Charter forbids the
League to engage in law enforcement and the restated Bylaws say exactly the
opposite; finally, the restatement simply disguises the purpose of the revision which
is to allow the Board "after an appropriate hearing" to expel any member with whom
they disagree. In 1996 the current Board sued to force acceptance of over 125 new
members and thus to gain its power. In 1997 they illegally revised the Bylaws to
eliminate the requirement that the Board approve new members-this requirement
could have prevented the addition of the friends who voted them in. If the Proposed
Amended and Restated Bylaws are passed, on this the League's Fortieth
Anniversary, that will make the League a most undemocratic organization, one
which violates the intent of its founders. The importance attached to expulsion is
demonstrated by requiring a g/vote of members to reverse an expulsion while only a
majority vote is proposed for Bylaw revisions—changing the basic rules of operation!
Third, we have obtained the official list of voting members as of June 19. One must
be a member for 30 days in order to vote. This list does not include members who
we know renewed or applied in June. During the hearings leading to the settlement
of our suit against the League it was made clear by the Judge that the Bylaws state
that one is a member on the first day of the month in which dues are received.
Consequently, a member applying or renewing by June 30 will be a member as of
June 1 and thus a member for over thirty days by July 19. If people renewed or
applied during June they must call the League at the Shelter, 7651811 to make
sure the record is corrected so they can vote. The League is erroneously using June
1 as the cut-off date.
Fourth, analysis of the membership list shows that the 687 members of 2002
declined to 628 in 2003. More importantly, only 336 of the 687 renewed their
membership—less than % renewed. 292 members were added. Of the new members
79, over 25%, live outside of Long Island and NYC, and 162, over 55%, do not live
on the North Fork—Riverhead, Southold or Shelter Island. It appears that many of the
new members are relatives and friends of the Board and staff. One can only wonder
0 Page 2
how much knowledge, care, or concern about Shelter operation these people in Fort
Lauderdale, Elgin II, Fort Lee, NJ, British Columbia, TN, AL, PA, GA, etc. have. Yet,
they may well carry the vote on July 19.
On July 19, the date of the Annual Meeting and Election, the League members face
critical decisions: whether to approve the Proposed Amended and Restated Bylaws;
and whether to re-elect board members who may have violated the law. The Bylaws
require that a majority of the membership, 315 or more, be present and voting for
there to be a quorum and a legal outcome. Revising the Bylaws requires that 2/3 of
the members voting approve. Given the "loading of the voting members list"with
friends and relatives, concerned members are put in a very difficult position. If a
member votes, regardless of how or for whom, she may simply enable approval and
legitimization of the wrong outcome. Therefore,we are taking the exceptional
step of saying that League members must protest the actions of the current
Board by withholding their vote. MEMBERS WHO CARE ABOUT THE LEAGUE,
PLEASE REVOKE ANY PROXY YOU MAY HAVE GRANTED. DO NOT ALLOW
STRANGERS TO APPROVE THE ACTIONS OF THE BOARD, ESPECIALLY
THEIR EXPENDITURES, OF MONIES MEANT FOR ANIMAL CARE, ON LEGAL
FEES TO PROTECT THEIR POWER.
Thank you.
Attach.:June 26 letter to Pamela Mann from Supporter of Sunshine and Fresh Air for Sheltered
Animals
• Page 3